1[23. Members and staff of Authorities, Committees and Lok Adalats to be public servants.—

The members including Member-Secretary or, as the case may be, Secretary of the Central Authority, the State Authority, the District Authorities, the Supreme Court Legal Services Committee, High Court Legal  Services Committees, Taluk Legal Services Committees and officers and other employees of such  Authorities, Committees and the 2[members of the Lok Adalats or the persons constituting Permanent Lok  Adalats] shall be deemed to be public servants within the meaning of section21 of the Indian Penal Code  (45 of 1860).  

1. Subs. by Act 59 of 1994, s. 17, for sections 23 and 24 (w.e.f. 29-10-1994),

2. Subs. by Act 37 of 2002, s. 5, for “members of the LokAdalats” (w.e.f. 11-6-2002).

24. Protection of action taken in good faith.—

No suit, prosecution or other legal proceeding shall  lie against—  

(a) the Central Government or State Government;  

(b) the Patron-in-Chief, Executive Chairman, members of, Member-Secretary or officers or other  employees of the Central Authority;  

(c) Patron-in-Chief, Executive Chairman, member, Member-Secretary or officers or other  employees of the State Authority;  

(d) Chairman, Secretary, members or officers or other employees of the Supreme Court Legal  Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees or  the District Authority; or  

(e) any other person authorised by any of the Patron-in-Chief, Executive Chairman, Chairman,  Member, Member-Secretary referred to in sub-clauses (b) to (d),  for anything which is in good faith done or intended to be done under the provisions of this Act or any  rule or regulation made thereunder.]  

25. Act to have overriding effect.—

The provisions of this Act shall have effect notwithstanding  anything inconsistent therewith contained in any other law for the time being in force or in any instrument  having effect by virtue of law other than this Act. 

26. Power to remove difficulties.—

(1) If any difficulty arises in giving effect to the provisions of  this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing  the difficulty:  

Provided that no such order shall be made after the expiry of a period of two years from the date on  which this Act receives the assent of the President.  

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each  House of Parliament.  

1[27. Power of Central Government to make rules.—

(1) The Central Government in consultation  with the Chief Justice of India may, by notification, make rules to carry out the provisions of this Act.  

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may  provide for all or any of the following matters, namely:—  

(a) the number, experience and qualifications of other members of the Central Authority under  clause (c) of sub-section(2) of section3;  

(b) the experience and qualifications of the Member-Secretary of the Central Authority and his  powers and functions under sub-section(3) of section3;  

(c) the terms of office and other conditions relating thereto, of members and Member-Secretary of  the Central Authority under sub-section(4) of section 3;  

(d) the number of officers and other employees of the Central Authority under sub-section(5) of  section3;  

(e) the conditions of service and the salary and allowances of officers and other employees of the  Central Authority under sub-section(6) of section3;  

(f) the number, experience and qualifications of members of the Supreme Court Legal Services  Committee under clause (b) of sub-section(2) of section 3A;  

(g) the experience and qualifications of Secretary of the Supreme Court Legal Services  Committee under sub-section(3) of section3A;  

(h) the number of officers and other employees of the Supreme Court Legal Services Committee  under sub-section(5) of section 3A and the conditions of service and the salary and allowances  payable to them under sub-section(6) of that section;  

(i) the upper limit of annual income of a person entitling him to legal services under clause (h) of  section12, if the case is before the Supreme Court; 

(j) the manner in which the accounts of the Central Authority, the State Authority or the District  Authority shall be maintained under section18;  

(k) the experience and qualifications of other persons of the LokAdalatsorganised by the Supreme  Court Legal Services Committee specified in sub-section(3) of section19;  

(l) other matters under clause (e) of sub-section(1) of section22;  

1[(la) the other terms and conditions of appointment of the Chairman and other persons under  sub-section (2) of section 22B;]  

(m) any other matter which is to be, or may be, prescribed.  

1. Subs. by Act 59 of 1994, s. 18, for sections 27, 28 and 29 (w.e.f. 29-10-1994).

1. Ins. by Act 37 of 2002, s. 6 (w.e.f. 11-6-2002).

28. Power of State Government to make rules.—

(1)The State Government in consultation with the  Chief Justice of the High Court may, by notification, make rules to carry out the provisions of this Act.  

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may  provide for all or any of the following matters, namely:—  

(a) the number, experience and qualifications of other members of the State Authority under  clause (c) of sub-section(2) of section6;  

(b) the powers and functions of the Member-Secretary of the State Authority under sub-section(3)  of section6;  

(c) the terms of office and other conditions relating thereto, of members and Member-Secretary of  the State Authority under sub-section(4) of section6;  

(d) the number of officers and other employees of the State Authority under sub-section(5) of  section6;  

(e) the conditions of service and the salary and allowances of officers and other employees of the  State Authority under sub-section(6) of section6;  

(f) the experience and qualifications of Secretary of the High Court Legal Services Committee  under sub-section(3) of section 8A;  

(g) the number of officers and other employees of the High Court Legal Services Committee  under sub-section(5) of section 8A and the conditions of service and the salary and allowances  payable to them under sub-section(6) of that section;  

(h) the number, experience and qualifications of members of the District Authority under clause  (b) of sub-section(2) of section9;  

(i) the number of officers and other employees of the District Authority under sub-section(5) of  section9;  

(j) the conditions of service and the salary and allowances of the officers and other employees of  the District Authority under sub-section(6) of section9;  

(k) the number, experience and qualifications of members of the Taluk Legal Services Committee  under clause (b) of sub-section(2) of section 11A;  

(l) the number of officers and other employees of the Taluk Legal Services Committee under sub section(3) of section 11A;  

(m) the conditions of service and the salary and allowances of officers and other employees of the  Taluk Legal Services Committee under sub-section(4) of section 11A;  

(n) the upper limit of annual income of a person entitling him to legal services under clause (h)  of section12, if the case is before a court, other than the Supreme Court;  

(o) the experience and qualifications of other persons of the LokAdalats other than referred to in  sub-section(4) of section19;  

(p) any other matter which is to be, or may be, prescribed.  

29. Power of Central Authority to make regulations.—

(1) The Central Authority may, by  notification, make regulations not inconsistent with the provisions of this Act and the rules made  thereunder, to provide for all matters for which provisions is necessary or expedient for the purposes of  giving effect to the provisions of this Act.  

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may  provide for all or any of the following matters, namely:—  

(a) the powers and functions of the Supreme Court Legal Services Committee under sub section(1) of section3A;  

(b) the terms of office and other conditions relating thereto, of the members and Secretary of the  Supreme Court Legal Services Committee under sub-section(4) of section3A.  

29A. Power of State Authority to make regulations.—

(1) The State Authority may, by  notification, make regulations not inconsistent with the provisions of this Act and the rules made  thereunder, to provide for all matters for which provision in necessary or expedient for the purposes of  giving effect to the provisions of this Act.  

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may  provide for all or any of the following matters, namely:—  

(a) the other functions to be performed by the State Authority under clause (d) of sub-section(2)  of section7;  

(b) the powers and functions of the High Court Legal Services Committee under sub-section(1) of  section8A;  

(c) the number, experience and qualifications of members of the High Court Legal Services  Committee under clause (b) of sub-section(2) of section8A;  

(d) the terms of office and other conditions relating thereto, of the members and Secretary of the  High Court Legal Services Committee under sub-section(4) of section8A;  

(e) the term of office and other conditions relating thereto, of the members and Secretary of the  District Authority under sub-section(4) of section9;  

(f) the number, experience and qualifications of members of the High Court Legal Services  Committee under clause (b) of sub-section(2) of section 8A;  

(g) other functions to be performed by the District Authority under clause (c) of sub-section(2) of  section10;  

(h) the term of office and other conditions relating thereto, of members and Secretary of the Taluk  Legal Services Committee under sub-section(3) of section 11A.]  

30. Laying of rules and regulations.—

(1) Every rule made under this Act by the Central  Government and every regulation made by the Central Authority thereunder shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days  which may be comprised in one session, or in two or more successive sessions, and if, before the expiry  of the session immediately following the session or the successive sessions aforesaid, both Houses agree  in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of  no effect, as the case may be; so, however, that any such modification or annulment shall be without  prejudice to the validity of anything previously done under that rule or regulation.  

(2) Every rule made under this Act by a State Government and every regulation made by a State  Authority thereunder shall be laid, as soon as may be after it is made, before the State Legislature.