3[6. Constitution of State Legal Services Authority.—
(1) Every State Government shall constitute a body to be called the Legal Services Authority for the State to exercise the powers and perform the functions conferred on, or assigned to, a State Authority under this Act.
(2) A State Authority shall consist of—
(a) the Chief Justice of the High Court who shall be the Patron-in-Chief;
(b) a serving or retired Judge of the High Court, to be nominated by the Governor, in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman; and
(c) such number of other members, possessing such experience and qualifications as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.
(3) The State Government shall, in consultation with the Chief Justice of the High Court, appoint a person belonging to the State Higher Judicial Service, not lower in rank than that of a District Judge, as the Member-Secretary of the State Authority, to exercise such powers and perform such duties under the Executive Chairman of the State Authority as may be prescribed by that Government or as may be assigned to him by the Executive Chairman of that Authority.
Provided that a person functioning as Secretary of a State Legal Aid and Advice Board immediately before the date of constitution of the State Authority may be appointed as Member-Secretary of that Authority, even if he is not qualified to be appointed as such under this sub-section, for a period not exceeding five years.
(4) The terms of office and other conditions relating thereto, of members and the Member-Secretary of the State Authority shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.
(5) The State Authority may appoint such number of officers and other employees as may be prescribed by the State Government, in consultation with the Chief Justice of the High Court, for the efficient discharge of its functions under thisAct.
(6) The officers and other employees of the State Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.
(7) The administrative expenses of the State Authority, including the salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the State Authorityshall be defrayed out of the Consolidated Fund of the State.
(8) All orders and decisions of the State Authority shall be authenticated by the Member-Secretary or any other officer of the State Authority duly authorised by the Executive Chairman of the State Authority.
(9) No act or proceeding of a State Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the State Authority.]
3. Subs. by s. 5,ibid., for section 6 (w.e.f. 29-10-1994).
7. Functions of the State Authority.—
(1) It shall be the duty of the State Authority to give to effect to the policy and directions of the Central Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section(1), the State Authority shall perform all or any of the following functions, namely:—
(a) give legal service to persons who satisfy the criteria laid down under this Act;
(b) conduct1[LokAdalats, including LokAdalats for High Court cases];
(c) undertake preventive and strategic legal aid programmes; and
(d) perform such other functions as the State Authority may, in consultation with the 2[Central Authority], fix by regulations.
1. Subs. by Act 59 of 1994, s. 6, for “LokAdalats” (w.e.f. 29-10-1994).
2. Subs. by s. 6, ibid., for “Central Government” (w.e.f. 29-10-1994).
3[8. State Authority to act in coordination with other agencies., etc., and be subject to directions given by the Central Authority.—
In the discharge of its functions the State Authority shall appropriately act in coordination with other governmentalagencies, non-governmental voluntary social service institutions, universities and other bodies engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the Central Authority may give to it in writing.
3. Subs. by s. 7, ibid., for sections 8 and 9 (w.e.f. 29-10-1994).
8A. High Court Legal Services Committee.—
(1) The State Authority shall constitute a Committee to be called the High Court Legal Services Committee for every High Court, for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the State Authority.
(2) The Committee shall consist of—
(a) a sitting Judge of the High Court who shall be the Chairman; and
(b) such number of other members possessing such experience and qualifications as may be determined by regulations made by the State Authority, to be nominated by the Chief Justice of the High Court.
(3) The Chief Justice of the High Court shall appoint a Secretary to the Committee possessing such experience and qualifications as may be prescribed by the State Government.
(4) The terms of office and other conditions relating thereto, of the members and Secretary of the Committee shall be such as may be determined by regulations made by the State Authority.
(5) The Committee may appoint such number of officers and other employees as may be prescribed by the State Governmentin consultation with the Chief Justice of the High Court for the efficient discharge of its functions.
(6) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of Service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.
9. District Legal Services Authority.—
(1) The State Government shall, in consultation with the Chief Justice of the High Court, constitute a body to be called the District Legal Services Authority for every District in the State to exercise the powers and perform the functions conferred on, or assigned to, the District Authority under this Act.
(2) A District Authority shall consist of—
(a) the District Judge who shall be its Chairman; and
(b) such number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.
(3) The State Authority shall, in consultation with the Chairman of the District Authority, appoint a person belonging to the State Judicial Service not lower in rank than that of a Subordinate Judge or Civil Judge posted at the seat of the DistrictJudiciary as Secretary of the District Authority to exercise such powers and perform such duties under the Chairman of that Committee as may be assigned to him by such Chairman.
(4) The terms of office and other conditions relating thereto, of members and Secretary of the District Authority shall be such as may be determined by regulations made by the State Authority in consultation with the Chief Justice of the High Court.
(5) The District Authority may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge of its functions.
(6) The officers and other employees of the District Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.
(7) The administrative expenses of every District Authority, including the salaries, allowances and pensions payable to the Secretary, officers and other employees of the District Authority, shall be defrayed out of the Consolidated Fund of the State.
(8) All orders and decisions of the District Authority shall be authenticated by the Secretary or by any other officer of the District Authority duly authorised by the Chairman of that Authority.
(9) No act or proceeding of the District Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the District Authority.]
10. Functions of the District Authority.—
(1) It shall be the duty of every District Authority to perform such of the functions of the State Authority in the District as may be delegated to it from time to time by the State Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section (1), the District Authority may perform all or any of the following functions, namely:—
1[(a) coordinate the activities of the Taluk Legal Services Committee and other legal services in the District;
(b) organize Lok Adalats within the District; and
(c) perform such other functions as the State Authority may 1*** fix by regulations.
1. Subs. by Act 59 of 1994, s. 8, for clause (a) (w.e.f. 29-10-1994).
1. The words “, in consultation with the State Government,” omitted by Act 59 of 1994, s. 8 (w.e.f. 29-10-1994).
11. District Authority to act in coordination with other agencies and be subject to directions given by the Central Authority, etc.—
In the discharge of its functions under this Act, the District Authority shall, wherever appropriate, act in coordination with other governmental and non-governmental institutions, universities and others engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the Central Authority or the State Authority may give to it in writing.
2[11A. Taluk Legal Services Committee.—
(1) The State Authority may constitute a Committee, to be called the Taluk Legal Services Committee, for each taluk or mandal or for group of taluks or mandals.
(2) The Committee shall consist of—
(a) The 3[senior-most Judicial Officer] operating within the jurisdiction of the Committee who shall be the ex officio Chairman; and
(b) such number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.
(3) The Committee may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge of its functions.
(4) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.
(5) The administrative expenses of the Committee shall be defrayed out of the District Legal Aid Fund by the District Authority.
2. Ins. by s. 9, ibid. (w.e.f. 29-10-1994). 3. Subs. by Act 37 of 2002, s.
2, for “senior Civil Judge” (w.e.f. 11-6-2002).
11B. Functions of Taluk Legal Services Committee.—
The Taluk Legal Services Committee may perform all or any of the following functions, namely:—
(a) co-ordinate the activities of legal services in the taluk;
(b) organize Lok Adalats within the taluk; and
(c) perform such other functions as the District Authority may assign to it.