KARNATAKA LEGAL AID BOARD ACT, 1981
32 of 1981
13th March, 1981
An Act to provide for the establishment of a State Legal Aid Board for the purpose of providing free legal aid to the weaker sections of the society and for matters connected therewith. Whereas, it is expedient to provide for the establishment of a State Legal Aid Board for the purpose of providing tree legal aid to the weaker sections of the society and for matters connected therewith. Be it enacted by the Karnataka State Legislature in the Thirty-second Year of the Republic of India as follows.
CHAPTER 1 Preliminary
Section1 Short title and commencement
(1) This Act may be called the Karnataka Legal Aid Board Act, 1981.
(2) It shall be deemed to have come into force on the fifth day of March, 1981.
Section2 Definitions
In this Act, unless the context otherwise requires.
(1) "Board" means the Karnataka Legal Aid Board established un- der Section 3;
(2) "Executive Chairman" means the Executive Chairman of the Board;
(3) "Government" means the State Government;
(4) "Legal Aid" to be rendered by or under this Act means.
(a) representation by a legal practitioner in legal proceedings;
(b) supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings;
(c) preparation of 11. Substituted for the word "documents" by Act No. 25 of 1985 and shall be deemed to have come into force w.e.f. 26-4-1985 [petitions and other documents] in legal proceedings including printing and translation thereof;
(d) drafting of legal documents;
(e) payment of Court fees, process fees, expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings; and
(f) rendering of legal service.
(5) "Legal aid organisation" means an organisation rendering legal aid;
22. Clause (5-A) inserted by Act No. 25 of 1985 and shall be deemed to have come into force w.e.f. 26-4-1985 [(5A) "Legal proceedings" includes proceedings before a quasi- judi- cial or an administrative authority;]
(6) "Legal service" means rendering of legal advice either orally or in writing; 33. Inserted by Act No. 25 of 1985 and shall be deemed to have come into force w.e.f. 26-4-1985 [and includes spreading of legal knowledge and creating legal awareness and the like amongst people];
(7) "President" means the President of the Board;
(8) "Secretary" means the Secretary of the Board.
CHAPTER 2 Legal Aid Board
Section3 Establishment of the Board
(1) With effect from such date as the Government may, by notification, appoint, there shall be established for the purpose of this Act, a Board to be called the Kamataka Legal Aid Board.
(2) The Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and shall by that name sue and be used.
Section4 Composition of the Board
(1) The Board shall consist of the following members, namely.
(a) the Minister for Law of the State of Karnataka, who shall be the President of the Board;
(b) the Advocate General for Karnataka, ex officio;
(c) the Chairman of the Karnataka State Bar Council, ex officio;
(d) the President of the Bangalore Bar Association, ex officio;
11. Clause (dd) inserted by Act No. 21 of 1987 [(dd) the Commissioner and Secretary to Government, Revenue Department, ex officio];
(e) the Secretary to Government, Department of Law and Parlia- ; mentary Affairs, ex officio;
(f) the Secretary to Government, Finance Department, ex officio;
(g) the Secretary to Government, Social Welfare and Labour Department, ex officio;
22. Clauses (h), (ha) and (hb) substituted for clause (h) by Act No. 25 of 1985 and shall be deemed to have come into force w.e.f. 26-4-1985 [(h) the Secretary to Government, Home Department, ex officio;
(ha) the Director-General of Police, ex officio;
(i) two members of the Karnataka Legislative Assembly and one ] member of the Karnataka Legislative Council, nominated by the Government;
(j) 33. Substituted for the words "one person" by Act No. 25 of 1985 and shall be deemed to have come into force w.e.f. 26-4-1985 [two persons] to represent organisations (other than organisations established by or under this Act) engaged in rendering ' legalaid, nominated by the Government;
(k) 4[ten persons] nominated by the Government, of whom.
(i) one shall be a woman to represent an organisation of women connected with social welfare in the State;
(ii) one shall be a representative of labour; 55. Inserted by Act No. 9 of 1989 [other than agricultural labour];
66. Sub-clause (ii-a) inserted by Act No. 9 of 1989 [(ii-a) one shall be a representative of agricultural labour];
(iii) one shall be a representative of the Scheduled Castes;
(iv) one shall be a representative of the Scheduled Tribes;
(v) one shall be a representative of the Backward Classes of citizens; and
(vi) two shall be Advocates, of whom one shall be a woman.
(2) The Government may nominate one of the members, as the Executive Chairman of the Board.
(3) The Board may co-opt such number of persons not exceeding three for such period as it deems desirable from among persons having special knowledge or practical experience of social service including any service connected with legal aid and a person so co-opted shall have the right to attend the meetings of the Board and to take part in the proceedings thereof but shall not be entitled to vote.
(4) The names of the members nominated or co-opted shall be notified in the official Gazette. Every member of the Board other than the ex officio members, shall, subject to the pleasure of the Government, hold office for a period of three years from the date of notification of his nomination in the official Gazette.
(5) The members other than the ex officio members shall be eligible for re-nomination.
(6) Any casual vacancy may be filled by nomination by the Government and a person so nominated shall hold office so long only as the member in whose place he is nominated would have held it if the vacancy had not occurred.
(7) Where an ex officio member is unable to attend any meeting of the Board or of any Committee thereof, he may authorise in writing any officer to attend such meeting of the Board or of any committee as the case may be, and the person so attending shall have the same rights at the meeting as that of the ex officio member.
Section5 Disqualifications
(1) No person shall be eligible to be a member of the Board or any committee thereof who.
(a) is, or at any time has been, adjudged an insolvent or has applied for being so adjudged;
(b) is of unsound mind and stands so declared by a Competent Court; or
(c) is or has been convicted of an offence which, in the opinion of the Government, involves moral turpitude.
Section6 Vacation of seats of members
(1) If a member of the Board.
(a) becomes subject to any of the disqualifications specified in Section 5; or
(b) in the case of a member nominated under clause (i) of sub-section (1) of Section 4, ceases to be a member of the Legislative Assembly or the Legislative Council, as the case may be, his seat shall thereupon become vacant.
(2) If any question arises as to whether a member of the Board has become subject to any disqualification specified in Section 5, such question shall be referred to the President whose decision shall be final:
Provided that, before giving any decision on such question the President shall give the member concerned a reasonable opportunity of being heard.
(3) If a member of the Board other than the president or an ex officio member.
(a) is absent without sufficient cause from more than three consecurive meetings thereof; or
(b) has ceased to represent the interest to represent which he was nominated,then, the President may, by order, remove such member from the membership of the Board:
Provided that no member shall be removed under this sub-section except after giving him a reasonable opportunity of showing cause against such removal.
(4) Any member of the Board, other than an ex officio member, may resign his office by giving notice in writing of his intention so to do, to the President and on such resignation being accepted he shall be deemed to have vacated his office.
Section7 Meetings of the Board
(1) The Board shall meet at least twice in year at such time and place as may be specified by the President.
(2) The President or in his absence the Executive Chairman or in the absence of both the President and the Executive Chairman, any member chosen by the members present from among themselves shall preside at the meetings of the Board.
(3) Unless otherwise provided by regulations one third of the total number of members of the Board shall form quorum for such meetings.
(4) All questions at the meetings of the Board shall be decided by the majority of the votes of (he members present and voting and in the case of equality of votes, the person presiding shall have a second or a casting vote.
Section8 Vacancy etc., not to invalidate acts. No act or proceeding of the Board or of any committee thereof shall be invalid merely by reason of
(a) any vacancy in or defect in the constitution of the Board or the committee, as the case may be; or
(b) any defect in the nomination of any person as a member of the Board or the committee, as the case may be; or
(c) any irregularities in its procedure not affecting the merits of the case.
Section9 Allowances payable to the members of the Board
11. Section 9 substituted by Act No. 25 of 1985 and shall be and shall be deemed always to have been substituted The sitting fees and other allowances payable to members other than the President and the Executive Chairman for attending the meetings of the Board or of any Committee thereof shall be such as may be prescribed].
Section10 Term of office of the Executive Chairman, his powers and functions. The Executive Chairman shall
(a) hold office, for such term not exceeding three years as the Government may specify:
Provided that the Executive Chairman shall, notwithstanding the expiry of his term, hold office until his successor is nominated and assumes office;
(b) when the President is unable to discharge his functions owing to absence, illness or any other cause, discharge his functions until the date on which the President resumes his duties;
(c) in the event of occurrence of any vacancy in the office of the President by death, resignation or otherwise, act as President until the date on which a new President is appointed to fill such vacancy and enters upon his office;
(d) receive such allowances as may be prescribed;
(e) 22. Substituted for the words "exercise such powers" by Act No. 25 of 1985 and shall be and shall be deemed always to have been substituted [exercise all powers necessary for the proper administration of the Board and to achieve the objects thereof and such other powers] and discharge such functions;
(i) as are conferred on him by or under this Act; or
(ii) as the Board may, by regulations specify; or
(iii) as the President may, by general or special order, delegate.
Section11 Executive Committee
(1) The Board shall constitute from among its members an Executive Committee which shall consist of the following members, namely.
(a) The Executive Chairman, ex officio;
(b) The Secretary to Government, Department of Law and Parliamentary Affairs, ex officio;
(c) The Secretary to Government, Finance Department, ex officio;
(d) Two non-official members.
(2) The Executive Chairman shall preside at the meetings of the Executive Committee.
(3) The Executive Committee shall be in overall charge of all matters connected with the powers, functions and administration of the Board.
(4) The Secretary shall be the Secretary of the Executive Committee.
(5) The Executive Committee shall meet at such times and at such places and shall observe such procedure in regard to the transaction of business at its meetings as may be provided by regulations made by the Board under this Act and in the absence of such regulations, as the President may determine.
Section12 Other Committees
(1) The Board may constitute one or more standing committees or ad-hoc committees for the exercise of any power or the discharge of any function of the Board or for inquiring into advising it on, any matter that may be referred to them.
(2) An ad-hoc committee may include persons who are not members of the Board.
(3) The Secretary shall be a member of every committee constituted under this section.
(4) The Secretary or any other officer of the Board as the President may specify shall be the Secretary of a committee constituted under this section.
Section13 Officers and other employees of the Board
(1) The Board shall, appoint a Secretary to the Board.
(2) The Secretary shall be the Chief Administrative Officer of the Board and shall be responsible 11. Substituted for the words "for the custody" by Act No. 25 of 1985 aad shall be deemed to have come into force w.e.f. 26-4-1985 [for the proper management of the affairs of the Board and the custody] and management of the properties, both movable and immovable of the Board and shall exercise such powers and discharge such functions as are conferred on him by or under this Act or as may be prescribed or as may be determined by regulations made by the Board or as may be delegated to him by the Board or by the President.
(3) The Government shall, from among its officers appoint an Accounts Officer to the Board who shall be responsible for the maintenance of true and proper accounts of the Board.
(4) Subject to such rules as may be prescribed, the President may appoint such number of other officers and employees as may be necessary for the efficient performance of the functions of the Board.
(5) The qualifications, method of appointment, the conditions of service and the scales of pay of the Secretary, and other employees of the Board shall be such as may be prescribed by regulations and until, so prescribed shall be such as the President may, by order, determine.
CHAPTER 3 Objects and Powers of the Board
Section14 Objects of the Board
The objects of the Board shall be.
(a) to stimulate, guide, propagate and organise legal aid and to evolve schemes for the purpose of making such aid available in accordance with the provisions made by or under this Act;
(b) to co-ordinate the working of the legal aid organisations and other organisations rendering legal aid whether constituted by or under this Act or not;
(c) to utilise the funds at its disposal in such a way as to make legal aid readily available as a juridicate project in the State and to make appropriate allocations of funds to legal aid organisations and to other deserving organisations rendering legal aid and sociological research institutions whether constituted by or under this Act or not;
(d) to make periodic appraisals and to carry out performance audit of the implementation of this Act and the functioning of the legal aid programme in the State and to make quantitative and qualitative assessments of the extent of benefits derived there from;
(e) to undertake and promote research in the field of legal aid with reference to the needs of the society and in particular the weaker sections thereof;
(f) to promote guide and supervise the establishment and working of legal clinics, bureaus and other centres in Universities, Law Colleges and other institutions and other places;
(g) to make proposals with a view to reaching legal aid and social justice to the weaker sections of the society and to the backward areas of the State;
(h) to promote and to initiate proposals for law reform;
(i) to enlist the support of social service organisations and organisations working in the field of Scheduled Castes and Scheduled Tribes, other backward classes, women and labour and to co-ordinate the activities of such organisations, with those of the legal aid organisations in so far as such activities relate to any matter connected with the rendering of legal aid under this Act;
(j) to take necessary steps (including the giving of directions to legal aid organisations to take appropriate steps), by litigation or otherwise, in regard to consumer protection, environmental control or any other matter of special concern to the public;
(k) to find ways and means for making justice less expensive and more expeditious and for promoting easy accessibility to Courts and other authorities irrespective of such authorities being judicial, quasi-judicial or administrative;
(l) to take measures by way of encouragement, guidance and financial help to various organisations for spreading legal literacy and creating legal awareness amongst people;
11. Clause (1-a) inserted by Act No. 18 of 1983 [(l-a) to undertake strategic and preventive legal service programme];
(m) to take measures for involving lawyers, judges, academicians and students in the legal aid programmes;
(n) to undertake publications in the legal and sociological spheres; and
(o) to take such other steps as may be necessary to secure that the operation of the legal system promotes justice, on a basis of equal opportunity and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Section15 Powers of the Board
(1) The Board may exercise all such powers as are necessary for the purpose of carrying out the objects specified in Section 14 and for implementing any scheme or schemes which may be framed under this Act.
(2) In particular and without prejudice to the generality of the provisions contained in sub-section (1), the Board may exercise all or any of the following powers namely.
(a) lay down polices and principles for making legal aid available under the provisions of this Act;
(b) make legal aid available in accordance with the provisions of this Act;
(c) lay down norms, standards and guidelines relating to the conduct and behaviour of legal practitioners and other persons working in connection with the legal aid programme under the provisions of this Act;
(d) promote research and establish and maintain centres for research in the field of legal services with reference to the needs of the society, and in particular the weaker sections thereof;
(e) make grants to centres or institutions doing research in the field of legal aid with reference to the needs of the society;
(f) lay down the procedure to be followed by the committees of the Board;
(g) manage and invest the funds of the Board;
(h) take such measures as may be necessary to bring the Courts and other authorities exercising judicial or quasi-judicial or administrative functions within easy reach of the people;
(i) to recommend such measures as may be necessary by way of reform of law to better serve the interests of the weaker sections of society;
(j) make allocations from the funds at its disposal to legal aid organisations;
(k) make grants to other organisations rendering legal aid, subject to such conditions as may be specified, from time to time, by the Board;
(1) undertake and aid publications on the legal and socio-legal sphere;
(m) do such other things as may be necessary for, or incidental to, the discharge of the functions conferred on it by or under this Act or to achieve the objects thereof.
11. Sub-section (3) inserted by Act No. 25 of 1985 and shall be deemed to have been come into force w.e.f. 26-4-1985 (3) The Board may delegate any of its powers to the Executive Committee or the Executive Chairman with or without any condition].
Section16 Framing of Schemes by the Board
(1) The board may, with the previous approval of the Government and by notification, frames one or more schemes for the purpose of promoting and carrying out the objects specified in Section 14 and for giving effect to the powers mentioned in Section 15 and any such scheme may specify the area, the class of persons or matters to which it shall apply.
(2) Subject to the provisions of this Act and the rules and regulations made thereunder, a scheme framed under sub-section (1) may provide for all or any of the following matters, namely.
(a) the area or the class of persons or category of matters to which it shall apply;
(b) the nature and extent of the legal aid available under the scheme;
(c) the Court, tribunal or other authority (whether judicial, quasijudicial or administrative) in relation to which legal aid shall be available under the scheme;
(d) the circumstances in which and the conditions subject to which, legal aid shall be made available;
(e) the form and manner in which and the authority to which applications for availing of the benefits thereunder shall be made;
(f) the manner of availing of legal aid under the scheme;
(g) appointment of legal practitioners to render legal aid under the scheme and the terms and conditions subject to which such appointment shall be made;
(h) the remuneration payable to the legal practitioners rendering legal aid;
(i) the authority by which certificates of eligibility for legal aid shall be issued and the form for such certificates and the matter to be taken into consideration while issuing the certificates;
(j) the rights and obligations of persons to whom certificates of eligibility have been issued;
(k) the verification of any information or particulars furnished, by or on behalf of any person applying for the certificate of eligibility or for the benefits under the Act or scheme;
(1) appeal by applicants who are aggrieved by any decision in the matter of grant or withdrawal of legal aid including the form in which the time within which and the authority to which, such appeal shall lie and the procedure to be followed by such authority;
(m) contributions, if any, to be made by applicant or classes of applicants, for legal aid under the scheme, to the funds of the Board including the circumstances under which such contributions shall become payable, the amounts thereof and the consequences of non-payment;
(n) the circumstances under which and the authority by which a certificate of eligibility for legal aid may be withdrawn and the consequences thereof;
(o) constitution of conciliation cells, the composition, powers and functions of conciliation cells;
(p) the qualifications and disqualifications for the appointment as members of conciliation cells;
(q) the fees, salary or allowances payable to the members of the conciliation cells;
(r) the procedure to be followed by conciliation cells;
11. Clause (r-a) inserted by Act No. 18 of 1983 [(r-a) constitution of legal aid committees and centres in the districts and taluks, their functions and other matters, including the allowances payable to the members thereof for attending the meetings of the committee or sub-committees thereof];
(s) constitution and composition of separate cells to look after the interests or women, industrial and farm labour, scheduled castes, scheduled tribes and other weaker sections of the society;
(t) the extent to which and the manner in which law students and law teachers may be associated in carrying out the legal aid programme;
(u) establishment and maintaining of centres for research and promotion of research, in the field of legal aid;
(v) any other matter that may be, or is required to be, provided by a scheme.
(3) Notwithstanding anything contained in sub-section(l), the Executive Chairman may frame one or more schemes for all or any of the purposes specified in sub-section (2) so long as it is the first scheme for that purpose:
Provided that the Executive Chairman shall not frame any scheme by virtue of the powers conferred on him by this sub-section after the expiry of one year from the date of coming into force of this section.
(4) Every scheme framed by the Executive Chairman under sub-section (3) shall be placed before the Executive Committee at its next meeting.
(5) The Board may, by notification, add to, amend, vary or rescind, either prospectively or retrospectively, any scheme framed under this section.
(6) Any scheme framed under this section may provide that all or any of its provisions shall have effect from such date as may be specified in that behalf in the scheme.
Section17 Special provision in the schemes regarding certain categories of persons
In framing a scheme under Section 16, due regard shall be had to the special need to provide legal aid to the following categories of persons, namely.
(a) members belonging to the weaker sections of society and in particular to the Scheduled Castes and the Scheduled Tribes and other backward classes;
(b) agricultural labourers;
(c) rural artisans and small farmers;
(d) industrial workers;
(e) women and children;
(f) members of the armed forces, and ex-servicemen and their families; and
(g) persons detained in jail, whether pending trial or undergoing sentence, or otherwise.
Section18 Public Interest litigation by Board
(1) The Board may institute, continue or defend, suits, prosecutions or other proceedings on behalf of any class or classes of persons or the public generally, or direct or authorise any legal aid organisation to do so for all or any of the following purposes namely.
(a) protection of the interests of consumers or of socially, educationally and economically backward section of society; 22. Added by Act No. 18 of 1983 [including women and children]
(b) relief against environmental pollution;
(c) any other, purpose affecting the interests of the public.
(2) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central act 5 of 1908), or the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or any other law for the time being in force, in relation to
(a) that the Board or legal aid organisation, as the case may be, represents all persons interested in the suit, prosecution or other proceeding, on whose behalf the Board or legal aid organisation has instituted or seeks to continue or defend the suit, prosecution or other proceeding; and
(b) that the Board or the legal aid organisation has a cause of action in relation to, or is otherwise entitled to institute, continue or defend, the suit, prosecution or other proceeding:
Provided that any person, on whose behalf or for whose benefit a suit, prosecution or other proceeding is instituted, continued or defended under this sub-section, may apply to the Court to be made a party to such suit, prosecution or other proceeding.
(3) Where the Board or legal aid organisation has instituted or seeks to continue or defend, a suit, prosecution or other proceeding, under this section, it shall be deemed that the suit, prosecution or other proceeding has been instituted or is sought to be continued or defended for the purposes specified in sub-section (1).
(4) When the Board directs or authorises a legal aid organisation to institute, continue or defend, a suit, prosecution or other proceeding under sub-section (1), it shall reimburse the legal aid organisation the expenditure incurred to institute, continue or defend, the suit, prosecution or other proceeding or make such grants as it may deem fit for the purpose.
CHAPTER 4 Funds, Accounts, Audit, etc.
Section19 Transfer of properties
The Government may transfer to the Board, buildings, land or any other property whether movable or immovable, for use and management by the Board, on such conditions as the Government may deem fit, for the purposes of this Act.
Section20 Funds of the Board
(1) The funds of the Board shall consist of.
(a) subventions and grants by the Government or the Central Government for the purposes of this Act;
(b) contributions, donations, subscriptions, bequests, gifts and the like received by it;
(c) amounts realised towards rendering legal aid;
(d) costs awarded in suits, appeals or applications in favour of persons availing of legal aid where such costs are realisable by the Board;
(e) any other amount received by the Board.
(2) All moneys belonging to the Board shall be deposited in the Reserve Bank or the State Bank of India or a subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 or in any scheduled Bank.
(3) The funds of the Board shall be applied for meeting the expenses towards salaries, allowances and other remuneration of the officers and other employees of the Board, other administrative expenses of the Board and the expenses in the discharge of the functions of the Board under this Act.
Section21 Recovery of costs by the Board
(1) Where in any suit, appeal or other proceeding before any Court, tribunal or authority, legal aid has been made available to any person by the Board and costs have been awarded in favour of such person, the decree or order awarding such costs shall, notwithstanding anything contained in any law, decree or order of a Court, be deemed to be a decree in favour of the Board and the Board shall be deemed to be the decree holder in relation to the amount due by way of such costs and the amount so due together with interest, if any, may be recovered.
(a) as if it were an arrear of land revenue; or
(b) on application to any Magistrate, by such Magistrate, as if it were a fine imposed by 11. Substituted for the word "him" by Act No. 25 of 1985 and shall be deemed to have come into force w.e.f. 26-4-1985 [him; or]
22. Clause (c) inserted by Act No. 25 of 1985 and shall be deemed to have come into force w.e.f. 26-4-1985 [(c) by executing the decree or order in a civil Court].
(2) In every suit, appeal or other proceeding referred to in sub-section (1) where costs have been awarded in favour of any person availing of legal aid, the legal practitioner who appeared in the suit, appeal or other proceeding on behaJf of such person shall apply to the Court, tribunal or authority, as the case may be, for a copy of the decree or order for costs, and the same shall be granted by the Court free of cost.
(3) The copy of the decree or order obtained by the legal practitioner under sub-section (2) shall be forwarded by him to the Board.
Section22 Sanction of Budget, Accounts and Audit
(1) The Board shall, on such date and in such form as may be prescribed prepare and submit to the Government the budget for the next financial year showing the estimated receipts and expenditure on capital and revenue accounts according to the programme.
(2) The Government may sanction the budget submitted to it with such modification as it may deem proper.
(3) The Board may submit a supplementary budget for the sanction of the Government in such form and before such date as the Government may prescribe.
(4) The Board shall prepare and forward to the Government in such manner as may be prescribed, an annual report within three months from
(5) The Board shall, before such date and at such intervals ana in such manner as the Government may from time to time direct, submit to the Government a report on such matters and such statistics and such returns as the Government may direct.
(6) The accounts of the Board shall be maintained and an annual statement of accounts shall be prepared in such manner as may be prescribed. Such accounts shall be audited by an auditor appointed by the Government.
Section23 Submission of programmes of activities and financial estimates
(1) The Board shall prepare before the commencement of each year a programme of its activities during the forthcoming year as well as a statement regarding the financial estimates in respect thereof.
(2) The programme and the statement regarding financial estimates referred to in sub-section (1), together with a statement regarding performance of the Board, during the year preceding the year to which the estimates relate, shall, not less than three months before the commencement of each financial year, be submitted for approval to the Government.
(3) The Government may approve and sanction the said programme and statement with or without modification.
CHAPTER 5 Miscellaneous
Section24 Secrecy
(1) This section applies to every person who is a member of the Board, or of any committee thereof, and to every person who holds any office or employment under or for the purposes of this Act.
(2) A person to whom this section applies shall not, either directly or indirectly, except for the purpose of this Act.
(a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person, acquired by him by reason of his office or employment under or for the purposes of this Act; or
(b) produce before any person a document relating to the affairs of another person furnished for the purposes of this Act.
(3) Subject to the provisions of this Act a person to whom this section applies shall not be required to produce before a Court any document relating to the affairs of another person of which he has the custody, or to which he has access, by virtue of his office or employment under or for the purposes of this Act or to divulge or to communicate to any Court information concerning the affairs of another person obtained by him by reason of such an office or employment.
(4) Sub-section (3) shall not apply if the Court considers that it is necessary in the interest of justice that the document be produced or the information be divulged or communicated.
(5) This section shall not apply in proceedings instituted for an offence under Section 25 against a person who has applied for legal aid.
(6) This section shall not affect any law or any rule of practice or procedure relating to the discovery of documents in a proceeding in respect of which legal aid is provided to a person under this Act.
(7) In this section.
(a) 'Courf' includes any tribunal, authority or person having power to require the production of documents or the answering of questions;
(b) 'Produce' includes permit access to and "production" shall be construed accordingly.
Section25 Penalty for contravening Section 24
Whoever in contravention of Section 24 makes a record of, or divulges or communicates to any person any information of the nature referred to in clause (a) of sub-section (2) of Section 24 or produces any document of the nature referred to in clause (b) of that sub-section shall, on conviction be punishable with imprisonment for a period not exceeding three months and with fine of an amount not exceeding five hundred rupees.
Section26 Misrepresentation
(1) If any person seeking or receiving legal aid under this Act.
(a) wilfully fails to comply with any requirement as to information to be furnished by him, or
(b) in furnishing any such information, knowingly makes any false statement or false representation, he shall, on conviction, be liable to a fine not exceeding two hundred and fifty rupees.
(2) Notwithstanding anything contained in any other law, any proceeding in respect of an offence under sub-section (1) shall be instituted at any time within two years next after commission of the offence or within six months after the first discovery thereof whichever is earlier.
Section27 Protection of action taken under this Act in good faith
No suit, prosecution or other legal proceeding shall lie against the Board or a committee constituted by or under this Act or any member or any officer or other employee thereof or any other person authorised by the Board or the Executive Committee to discharge any function under this Act or anything which is in good faith done or intended to be done, in pursuance of this Act or any scheme framed thereunder.
Section28 Offence by companies
(1) If the person committing any offence punishable under this Act is a company, every person, who at the time the offence was committed was incharge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence punishable under this Act has been committed by a company and it is proved that such offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary, or other officer of the company such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation. For the purposes of this section.
(a) "Company" means any body corporate and includes a firm and other association of individuals; and
(b) "Director" in relation to a firm, means a partner in the firm.
Section29 Officers and employees to be public servants
The officers and employees of the Board, the Executive Committee or any other committee constituted under this Act and the legal practitioners engaged under this Act for rendering legal services shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (Central Act 45 of 1860).
Section30 Power to make rules
(1) The Government may, by notification, and after previous publication make rules for carrying out the purposes of this Act.
Section31 Regulations
(1) The Board may, by notification, and with the previous sanction of the Government, make regulations not inconsistent with this Act and the rules made thereunder for enabling it to perform its function under 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) rules of procedure with regard to the transaction of business at a meeting of the Board including the quorum for such meeting;
(b) the terms, conditions and methods of appointment and service and scales of pay of officers and employees of the Board including the secretary thereof;
(c) the time and place of meetings of the Board;
(d) the summoning and holding of meetings, the rules of procedure and conduct of business of the Executive Committee or any other committee constituted by the Board;
(e) the powers and functions of the Secretary of the Board and the delegation of powers to him;
11. Clause (f) omitted by Act No. 18 of 1983 [(f) x x x x x]
(g) the maintenance of minutes of the Board, the Executive Committee or any other committee constituted by the Board;
(h) the powers and functions of the Executive Chairman of the Board;
(i) the powers and duties that the Board may confer upon the Executive Committee;
(j) the receipt and custody of the moneys received by the Board and matters connected with the funds of the Board;
(k) maintenance of accounts by the Board; and
(1) any other matter incidental to the above mentioned purposes or which is required to be, or may be provided by regulations by the Board.
22. Sub-section (3) inserted by Act No. 12 of 1995 [(3) Any regulation under this Act may be made, to have effect retrospectively and when any such regulation is made, a statement specifying the reasons for making such a regulation shall be laid before both Houses of the State Legislature along with the regulation].
Section32 Laying of [rules, schemes and regulations] before State Legislature
33. Substituted for the words "rules and schemes" by Act No. 12 of 1995 Every rule made under Section 30, 44. Substituted for the words "and every scheme framed under Section 16" by Act No. 12 of 1995 [every scheme framed under Section 16 and every regulation made under sub-section (3) of Section 31] shall be laid as soon as may be after it is made before each House of the State Legislature 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 sessions immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the 55. Substituted for the words "rule or scheme" by Act No. 12 of 1995 [rule, scheme or regulation] or both houses agree that the 66. Substituted for the words "rule or scheme" by Act No. 12 of 1995 [rule, scheme or regulation] shall not have effect, the 77. Substituted for the words "rule or scheme" by Act No. 12 of 1995 [rule, scheme or regulation] shall from the date on which the modification or annulment is notified by the Government in the official Gazette 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 88. Substituted for the words "rule or scheme" by Act No. 12 of 1995 [rule, scheme or regulation].
Section33 Over-riding effect of Act
The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.
Section34 Repeal and savings
(1) The Kamataka Legal Aid Board Ordinance 1981 (Karnataka Ordinance No. 6 of 1981) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken un- der the said Ordinance shall be deemed to have been done or taken under this Act.
RULE:
KARNATAKA LEGAL AID BOARD RULES, 1983
Whereas, the draft of the following rules was published as required by Section 30 of the Karnataka Legal Aid Board Act, 1981 (Karnataka Act 32 of 1981), in Notification GSR 246 (LAW 94 LAD 82), dated 1st December, 1982, published in Part IV, Section 2-C(i) of Gazette, Extraordinary, dated 2nd December, 1982, inviting objections or suggestions from all persons likely to be affected thereby on or before 31st December, 1982; And whereas, the said Gazette was made available to the public on 2nd December, 1982; And whereas, no objections or suggestions were received in respect of the said draft; Now therefore, in exercise of the powers conferred by Section 30 of the Karnataka Legal Aid Board Act, 1981 (Karnataka Act 32 of 1981), the Government of Karnataka hereby makes the following rules namely:
CHAPTER 1 Preliminary
Rule1 Title and commencement
(1) These rules may be called the Karnataka Legal Aid Board Rules, 1983.
(2) They shall come into force on the date of their publication in the Official Gazette.
Rule2 Definitions
In these rules, unless the context otherwise requires.
(a)"Act" means the Karnataka Legal Aid Board Act, 1981;
(b)"Form" means the Form appended to these rules.
CHAPTER 2 Allowances payable to the Executive Chairman and other members
Rule3 Allowances payable to the Executive Chairman
The Executive Chairman shall be paid all the allowances payable to a Chairman of a Board under, and at the rates specified in, Government Order DPAR 101 MOF 77, dated 16th August, 1979 as revised from time to time.
Rule4 Allowances payable to the members
11. Rule 4 substituted by GSR 261, dated 20-9-1988, w.e.f. 8-12-1988 A member of the Board shall for journeys performed in connection with the duties or affairs of the Board be entitled to a sitting fee and other allowances at the rates specified in Government Order FD 5 SRS 82, dated 1st May, 1982 as revised from time to time or as per Karnataka Civil Services Rules, as amended from time to time, as the case may be.
CHAPTER 3 Sanction of Budget and Accounts of the Board
Rule5 Budget etc
(1) The budget for the next financial year shall be prepared by the Board in the Form appended to these rules and submitted to the State Government before 30th September of each year.
(2) A supplementary budget, if any, in a financial year shall be prepared in the Form appended to these rules and submitted to the State Government before 31st January of each year.
Rule6 Annual Report
The annual report of the Board shall be prepared by the Secretary under the direction of the Executive Chairman which shall include the annual statement of accounts of the Board together with the audit report for each year and it shall be laid before the Board immediately after two months from the end of the financial year. After the report is approved by the Board, copies of the report and statement giving a complete account of its activities during the previous financial year shall be forwarded to the State Government before the expiry of the period of three months from the end of the financial year.
Rule7 Accounts
There shall be maintained a day book showing all items of receipts and expenditure incurred by the Board.
APPENDIX 1 Karnataka Legal Aid Board
FORM
[See Rule 5]
Karnataka Legal Aid Board
Budget Estimate for the year 19.... 19.....
Estimate of Receipts
SI. No. Head of Account Estimates of previous year Actuals of previous year Budget estimates for the year Remarks (1) (2) (3) (4) (5) (6)
Estimate of Expenditure
SI. No. Head of Account Estimates of previous year Actuals of previous year Budget estimates for the year Remarks (1) (2) (3) (4) (5) (6)
REGULATION;
KARNATAKA LEGAL AID BOARD REGULATIONS, 1983
In exercise of the powers conferred by Section 31 of the Karnataka Legal Aid Board Act, 1981 (Karnataka Act 32 of 1981) and with the previous approval of the State Government, vide G.O. No. LAW 74 LAD 81, dated 20th April, 1983, the Karnataka Legal Aid Board hereby makes the following regulations, namely.
CHAPTER 1 Preliminary
Regulation1 Title and commencement
(1) These regulations may be called the Karnataka Legal Aid Board Regulations, 1983.
(2) They shall come into force at once.
Regulation2 Definition
In these regulations unless the context otherwise requires.
(1) "Act" means the Karnataka Legal Aid Board Act, 1981;
(2) Words and expressions used in these regulations but not defined herein shall have the meaning respectively assigned to them in the Act.
CHAPTER 2 Karnataka Legal Aid Board
Regulation3 Meetings of the Board
(1) The meetings of the Board shall ordinarily be held in the premises of the office of the Board on the date and at the time fixed by the President.
(2) The Board may also meet at such other place within the State as the President may specify.
(3) Any ten members of the Board may give a requisition in writing addressed to the Secretary for convening a meeting of the Board for consideration of the subjects or matters specified therein. On receipt of such requisition the Secretary shall after obtaining the orders of the President convene a meeting of the Board within a month from the date of receipt of such requisition to consider the subjects or matters specified in the requisition.
(4) Any member of the Board desiring consideration of any subject or matter at any meeting of the Board, may intimate in writing such subject or matter to the Secretary. If such intimation is received before issue of the notice of the meeting the subject or matter shall if so directed by the President, be included in the Agenda of the meeting. If such intimation is received after issue of the notice, the subject or matter may be considered at the meeting with the permission of the person presiding at the meeting.
(5) The Executive Chairman shall with the approval of the President prepare the agenda of the meeting of the Board. The notice of every meeting of the Board shall be given in writing by the Secretary to the members at least ten clear days before the date of the meeting. In urgent cases however the notice of only three days may be given.
(6) The agenda of the meetings shall be sent to the members along with the notice.
(7) The quorum for meetings of the Board shall be seven. No quorum shall be necessary for adjourned meetings.
Regulation4 Minutes of the meetings of the Board
(1) The Secretary shall draw up the minutes of the meeting of the Board and after it is approved by the President or the person presiding at the meeting, send, as soon as possible but not later than the date of despatch of the notice of the nexv meeting copies of it to the members of the Board.
(2) The minutes shall contain a record of the decisions taken and resolutions passed at the meeting and the discussions at the meeting shall not ordinarily form part of the minutes unless the president of the meeting so directs. The minutes shall be recorded in a separate register maintained for that purpose in the office of the Board.
(3) The minutes shall be read over at the next meeting of the Board and any suggestion which may be made by any member of the Board may be considered.
(4) The Secretary shall at the commencement of the next meeting of the Board inform the members of the action taken on the decisions taken in the previous meeting.
(5) The signature of the members present at the meeting shall be obtained in a register maintained for the purpose.
CHAPTER 3 Executive Committee, Executive Chairman and other Committees
Regulation5 Meetings of the Executive Committee
(1) The Executive Committee shall meet at least once in two months.
(2) The meeting shall be held in the premises of the office of the Board on the date and at the time fixed by the Executive Chairman.
(3) The Secretary shall with the approval of the Executive Chairman prepare the agenda for the meeting of the Executive Committee and send it along with the notice of the meeting at least seven clear days before the date of the meeting: In urgent cases notice of only three days may be given.
(4) The quorum for the meetings shall be three. No quorum shall be necessary for adjourned meetings.
(5) All questions at the meeting shall be decided by the majority of the votes of members present and voting and in the case of equality of votes, the Executive Chairman shall have a second or casting vote.
(6) The Secretary shall draw up the minutes of the Committee and after its approval by the Executive Chairman send copies thereof to the members of the committee before the date of the next meeting. The minutes shall contain a record of the decisions taken. It shall be recorded in a separate register maintained for the purpose in the office of the Board.
(7) The minutes shall be read over at the commencement of the next meeting of the committee and any suggestion or correction proposed by any member may be considered.
(8) The Secretary shall, at the commencement of the next meeting of the committee, inform the members of the action taken on the decisions taken in the previous meeting.
(9) The Executive Committee shall submit to the Board a report of the actions taken by it. The Board may either rescind any action taken or approve the same with or without modification.
Regulation6 Powers and duties that may be conferred on the Executive Committee
(1) The Executive Committee shall be in overall charge of all matters connected with the powers, functions and administration of the Board.
(2) The Board may, subject to any conditions specified by it, confer on the Executive Committee all or any of the following powers and duties, namely.
(a) to review the work of any committee constituted by the Board under Section 12 of the Act;
(b) to supervise the work of Legal Aid Committees in the State and to issue from time to time suitable instructions to such committees for their proper functioning and implementation of the objects of Board;
(c) to allocate necessary funds to the Legal Aid Committees;
(d) to review the financial position of the Board and to take appropriate actions to augment the resources of the Board;
(e) to recommend grant of funds to the voluntary organisations which undertake to implement legal aid schemes and programmes;
(f) to provide necessary staff, accommodation, furniture and the like to legal aid committees;
(g) to finalise and approve agreements for and on behalf of the Board;
(h) to scrutinise the annual budget and the annual report to be submitted to the Government and place the same before the Board with or without is remarks for approval;
(i) to exercise all or any of the powers of the Board under Section 15 of the Act; and
(j) to take all such actions as may be considered necessary and expedient for giving effect to the objects of the Board.
(3) The Executive Committee shall submit a report to the Board of its working and seek approval of the Board, wherever necessary, to any action taken by it.
Regulation7 Functions and powers of the Executive Chairman
(1) It shall be the duty of the Executive Chairman to see that all decisions taken by the Board and the Executive Committee are implemented.
(2) He shall supervise and review the work of legal practitioners appointed to render legal aid.
(3) He may undertake tours within the State for the aforesaid purpose and also for any other purpose connected with the work of the Board. He may with the approval of the President visit places outside the State to study the working of legal aid schemes in such places.
(4) All cheques for an amount not less than ten thousand rupees, shall, except when he is on leave or away from headquarters, be countersigned by him.
(5) He shall have control over the Secretary and all the other employees of the Board in the discharge of their duties.
(6) In emergent cases, he may, without the approval of the Executive Committee, take such action as he may consider necessary and suitable for the proper functioning and implementation of the object of the Board. Any action taken in such cases shall be placed before the next meeting of the Executive Committee for ratification.
Regulation8 Standing Committee, etc
(1) The Board shall constitute a Finance Committee and such other standing committees and ad hoc committees as it may consider necessary.
(2) Each committee shall consist of five members including the Secretary of the Board, one of whom other than the Secretary, shall be nominated by the Board as Chairman.
(3) All the members of the Committee shall be nominated by the Board from among the members of the Board.
Regulation9 Meetings of standing or ad hoc committees
(1) The meetings of any standing or ad hoc committee shall be held within the premises of the office of the Board on the date and at the time fixed by the Chairman of the Committee and at such other places and times as the President or the Executive Chairman may determine.
(2) Notice of the meeting along with the agenda approved by the Chairman shall be sent by the Secretary of the Committee at least five days before the date of the meeting. In urgent cases, the period of five days may be dispensed with.
(3) The minutes of the Committee shall be prepared by the Secretary of the Committee and after approval by the Chairman be recorded in a separate register maintained for the purpose.
(4) All questions at the meeting shall be decided by the majority of the members present and voting and in case of equality of votes the Chairman shall have a second or casting vote.
(5) Every standing committee shall submit to the Board every quarter a report of the work done by it.
Regulation10 Functions of the Finance Committee
(1) The Finance Committee shall meet at least once in three months.
(2) It shall review the receipt and expenditure of the Board.
(3) It shall suggest ways and means to augment the resources of the Board.
(4) It shall consider the budget and the annual statement of accounts of the Board.
(5) The committee shall submit its report or recommendation in respect of all financial matters placed before it to the Executive Committee.
CHAPTER 4 Secretary and other Employees
Regulation11 Powers and functions of the Secretary
(1) The Secretary shall see that all employees of the Board maintain punctuality in attendance and carry out their duties honestly, sincerely and efficiently.
(2) He shall cause the accounts of the Board to be maintained in the prescribed manner and see that they are made available in time for audit.
(3) He shall scrutinise the statement of accounts submitted by Legal Aid Committees and submit the same to the Executive Chairman for perusal or approval, as the case may be.
(4) He shall check the accounts of the general and contingent expenditure and the vouchers for any payment made.
(5) He may pass all pay bills and TA Bills of all the other employees of the Board and Legal Aid Committees and the remuneration bills of legal practitioners.
.
(6) He shall submit his TA Bills for approval to the Executive Chairman.
(7) He may with the approval of the Executive Chairman pass the TA Bills of all members of the Board, the Executive Committee and other committees and others who are invited to attend the meetings or programmes of the Board or committees.
(8) He may sanction expenditure upto fifty rupees under contingency to each legal aid centre but not exceeding five hundred rupees per annum for purchase of stationery and other articles, required by it.
(9) He shall sign all cheques to be passed by the Board.
(10) He shall sign all orders and other communications to be issued by the Board.
(11) He shall exercise such other powers including financial powers as may be delegated to him by the Board or the Executive Chairman.
(12) He shall represent the Board in all legal proceedings by or against the Board.
(13) He shall execute and sign on behalf of the Board all agreements, contracts, deeds and other instruments after they are duly approved by the Executive Committee.
(14) He shall keep in his safe custody the seal of the Board.
(15) He may sanction all advances that are admissible to the employees of the Board according to the rules applicable to them.
Regulation12 Scales of pay, qualification and method of appointment of the Secretary and other employees of the Board
Scales of pay, method of appointment and qualifications of the Secretary and other employees of the Board shall be as specified in the Schedule annexed to these regulations:
Provided that any of the category of posts specified in the Schedule may be filled by deputation or transfer of officers of any of the State Civil Services or Officers and servants of the High Court or any of the Corporation owned or controlled by the State Government.
Regulation13 Conditions of service of the employees of the Board
11. Rule 13 renumbered as sub-rule (1) thereof by Notification No. KLAB 20/8KM), dated 19-9-1985 w.e.f. 24-10-1985 [(l)]The provisions of.
(a) the Kamataka Civil Services Rules;
(b) the Karnataka Civil Services (General Recruitment) Rules, 1977;
(c) the Karnataka Civil Services (Conduct) Rules, 1966;
(d) the Kamataka Civil Services (Probation) Rules, 1977;
(e) the Karnataka Government Servants' (Seniority) Rules, 1957;
(f) the Karnataka Government Servants' (Medical Attendance) Rules, 1963;
(g) the Karnataka Civil Services (Confidential Reports) Rules, 1976; and
(h) the Karnataka Civil Services (Direct Recruitment) by Selection Rules, 1973;
(i) all other rules made by the Governor under the proviso to Article 309 of the Constitution of India shall mutatis mutandis be
11. Sub-rule (2) inserted by Notification No. KLAB 20/8KM), dated 19-9-1985 w.e.f. 24-10-1985 [(2) The provisions of the Karnataka Civil Services (Service and Kan- nada Language Examinations) Rules, 1974 shall mutatis mutandis apply to the employees of the Board and the service examinations required to be passed by the employees specified in column (2) of Schedule II shall be those specified in the corresponding entries in column (3) of the said schedule.]
CHAPTER 5 Accounts
Regulation14 Receipt and custody of the funds of the Board
(1) All moneys received by the Board shall be credited to the account of the Board in a scheduled bank. Provided that not more than five hundred rupees may be kept in the office of the Board as 'imprest amount' for meeting contingent expenses.
(2) The funds of the Board shall be operated by means of cheques drawn on banks. All cheques for not more than twenty-five thousand rupees shall be signed jointly by the Secretary for in his absence by the Additional Secretary] and the Accounts Officer 33. Shall be and shall be deemed always to have been inserted by Notification No. KLAB 20/8KM), dated 19-9-1985 [or Accounts Superintendent]. Cheques for more than twenty-five thousand rupees shall also be signed by the Executive Chairman except when he is on leave or away from headquarters.
(3) At the end of each month, the entries in the pass book issued by the bank in which the funds of the Board are deposited, shall be verified with the general cash book of the Board and if any discrepancies are noticed, the same shall be rectified immediately.
Regulation15 Maintenance of Accounts
(1) The Secretary shall ensure that the accounts of the Board are maintained regularly and accurately in the manner specified in the rules and these regulations.
(2) The commission or other administrative charges if any, charged by banks shall be taken as regular expenditure of the Board.
(3) In addition to the books, if any, prescribed under the Karnataka Legal Aid Board Rules, 1983, the following registers and forms shall be maintained regarding the accounts of the Board. Registers.
1. Receipt Book
2. General Cash Book
3. Office Cash Book
4. Acquittance Roll
5. Register of T.A.
6. Register of Bills
7. Register of Stamps
8. Register of Stock of Furniture
9. Register of Stationery/Bank Cheque
10. Cheques (Supplied by the Bank)
11. Classification Register of Expenditure
12. Register of funds received
13. Register of advances
14. Voucher Book
SCHEDULE 1 SCHEDULE
Sl. No.
Designation and Scale of pay
No. of Posts
Method of recruitment
Qualification
(1)
(2)
(3)
(4)
(5)
1.
Secretary 1725-75-2250-1 00-2350 (Civil Judge) 1950-75-2250-1 00-2450 (Deputy Secretary)
1
By deputation from the Cadre of Civil Judges of the Karnataka Judicial Service or from the Cadre of Deputy Secretary of the Karnataka Government
Secretariat Services or a K.A.S. (Senior Scale) Officer.
Must be holder of degree in Law of a University established by law in India.
2.
Assistant Secretary 1200-60-1500-7 5-2175
2
By promotion from the cadre ol Section Officer or by deputation from the cadre of Munsiffs of the Karnataka judicial Service or from the cadre of Under Secretaries to Government of Kamataka Secretariat Services.
For Promotion. Must have put in not less than three years of service in the cadre of Section Officer
3.
Section Officer 1050-50-1200-6 0-1500-75-1950
2
By promotion from the cadre of Senior Assistant
For Promotion. Must have put in not less than three years of service in the cadre of Senior Assistant.
4.
Senior Assistant 860-30-950-50-1200-60-1500-75-1650
3
By promotion from the cadre of Assistants and Stenographers.
For Promotion. Must have put in not less than three years of service in the cadre of Assistants or Stenographers. In the case of Stenographer, he should have worked as Assistant for a period of not less than one year.
5.
Accounts Superintenden t 860-30-950-50-1 200-60-1500-75-1650
1
By deputation from the cadre of Accounts Superintendent of the Karnataka State Accounts Service.
6.
Assistant 675-25-800-30-9 50-50-1200-60-1320
8
By Direct Recruitment
Provided that [sixty per cent of the] posts may be filled by promotion from the cadre of Junior Assistants.
For Promotion. Must have put in not less than one year of service in the cadre of Junior Assistants.
7.
Stenographers 675-25-800-30-9 50-50-1200-60-1320 + Spl. Pay as admissible by Government.
3
By Direct Recruitment.
Provided that one post may be filled by promotion from the cadre of typists.
For Promotion. Must have passed Senior Typewriting and Senior Shorthand examinations in English and Kannada languages conducted by the Karnataka Secondary Education Examination Board or must be holder of a diploma in Secretarial Practice granted by the Board of Technical Education in Kamataka or equivalent qualification.
8.
Junior Assistants 490-15-550-20-6 50-25-800-30-950
6
By Direct Recruitment Provided that one post 4[may be filled by promotion from the cadre of Attender-cum-Driver and if no suitable A ttendv."r-cum-Dri ver is available for promotion, by promotion from the cadre of Dalayats]
For Promotion. (1) Must have passed SSLC Examination or equivalent qualificaliofi; (2) Must have put ir; not less than three years of service as dalayat.
9.
Typists 490-15-550-20-650-25-800-30-950 + Spl. pay
6
By direct recruitment
(1) Must have passed SSLC Examination (2) Must have passed Senior Typewriting in English and Kannada
[10-A]
Attender-cum-driver Rs. 410-10460-15-550-20-650-25-700 Special Pay
1. By promotion from the cadre of dalayats, If no suitable dalayat is avaiable or promotion, by direct recruitment For Promotion. Must have put in not less than 3 years of service in cadre of dalayaths. For direct recruitment . Must be holder of a current Motor Vehicle Driving Licence. Must have passed VII Standard.]
10.
Driver
410-10-460-15-550-20-650-25-700 + Spl. pay
1
do
(1) Must be a holder of a current Motor Vehicle Driving Licence. (2) Must have passed VII Standard Examination
11.
Peons/Dalayats 390-5-410-10-46 0-15-550
5
do
Must have passed VII Standard Examination
12.
Watchman 390-5-410-10-46 0-15-550
1
do
Must have passed IV Standard Examination
SCHEDULE 2 SCHEDULE
Sl. No.
Name of the post
Service Examinations to be passed
(1)
(2)
(3)
1.
Senior Assistant
1.
Accounts Higher
2.
General Law Part I
3.
General Law Part II
4.
Registration
2.
Assistants and Stenographers
1.
Accounts Higher
2.
General Law Part I
3.
Registration
3.
Junior Assistants and Typists
1.
Accounts Lower
2.
Registration.
ORDER/SCHEME
KARNATAKA LEGAL AID (MOTOR VEHICLE ACCIDENT COMPENSATION CLAIMS) SCHEME, 1983
KARNATAKA LEGAL AID (MOTOR VEHICLE ACCIDENT COMPENSATION CLAIMS) SCHEME, 1983
CHAPTER 1 Preliminary
Scheme1 Short title and commencement
(1) This scheme may be called the Karnataka Legal Aid (Motor Vehicle Accident Compensation Claims) Scheme, 1983.
(2) It shall come into force on the date of its publication in the Official Gazette.
Scheme2 Definitions
In this scheme, unless the context otherwise requires.
(1) "Accident" means an accident resulting in the death of, or bodily injury to, any person or damage to and property or both arising out of the use of a motor vehicle;
(2) "District Committee" means a district legal aid committee constituted under Rule 4 of the Karnataka Legal Aid (District and Taluka Committees) Scheme, 1983;
(3) "Form" means a form appended to this scheme;
(4) "Scheme" means the Karnataka Legal Aid (Motor Vehicle Accident Compensation Claims) Scheme, 1983;
(5) "Tribunal" means a Motor Accident Claims Tribunal constituted under Section 110 of the Motor Vehicles Act, 1939 (Central Act IV of 1939);
(6) "Legal representative" shall have the same meaning as in Section 110-A of the Motor Vehicles Act, 1939 (Central Act IV of 1939)
CHAPTER 2 Duties and Functions of Police and the District Committees
Scheme3 Duties of the police
(1) The officer-in-charge of a police station or any other police officer registering a first information report relating to an accident resulting in injury to any person shall simultaneously or ately thereafter furnish 11. Inserted by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [in Form I] to the injured person particulars of the name and address of the owner 22. Substituted for the words "of the vehicle, the driver of the vehicle" by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [and the driver of the vehicle or vericles involved in the accident] and the insurance company with which the motor 33. Substituted for the words "vehicle is insured" by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [vehicle or vehicles are insured] for comprehensive or third party risk. If death has occurred as a result of the accident the said particulars shall be given to the legal representatives of the deceased. The police officer shall also inform them about the benefits available under the Motor Vehicles Act, 1939 (Central Act IV of 1939) and the time within which and the manner in which application should be made to the Tribunal 44. Insertedby Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [or any other authority] to avail those benefits. He shall also inform them that they may obtain necessary free legal aid from the district committee to get the application filed before the Tribunal 55. Inserted by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [or any other authority] and to prosecute it.
(2) The said police officer shall, immediately after registering the case furnish to the district committee concerned 66. Substituted for the words "in Form I, the particulars specified in clause (1) along with the name and address of the injured and in the case of death, that of the legal representatives of the deceased" by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [a copy of Form I duly filled and copies of the First Information Report, Panchanamas and inquest report if any].
j
77. Sub-rule (3) substituted by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. (3) The police officer shall supply or cause to be supplied to the district committee, copies of wound certificates, post-mortem reports, sketch of the scene of accident, motor vehicle inspector's report, charge-sheet and other relevant documents required to prefer and prosecute the claim petition in respect of the accident within ten days from the date of receipt of a requisition from the committee, free of cost and copies of any photo on payment of the cost thereof.
Scheme4 Duties of the district committee
(1) As soon as an intimation in Form I is received under Rule 3 from the police officer, the secretary of the district committee shall enter the same in the register in Form II and issue an intimation in Form III to the injured or the legal representatives of the deceased, as the case may be 88. Inserted by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [informing him] about the legal provisions to claim compensation and the availability of free legal aid, which could be availed by him, if he so desires and eligible to get aid. 99. Added by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [The district committee may, immediately after getting information about an accident, also depute a person duly authorised by the committee to the injured or the legal representative of the deceased, as the case may be, to inform them about the benefits available under the law and the assistance given by the committee and if possible get them to the committee office and obtain from them all necessary information, vakalath and the like, necessary for filing the peri
(2) If the party approaches the district committee for free legal aid, further action may be taken by it to give aid to him in accordance with and subject to the provisions of the Karnataka Legal Aid (District and Taluka Committees) Scheme, 1983. 11. Aided by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [In all cases of death or permanent disablement necessary action shall be taken within the period specified in or under the Motor Vehicles Act, 1939, to secure compensation payable under the "no fault liability" schemes contemplated by Sections 92-A and 92-B of the said Act:
Provided that, notwithstanding anything contained in the Karnataka Legal Aid (District and Taluka Committees) Scheme, 1983, all persons irrespective of their income, shall be entitled to aid under this scheme.]
(3) The district committee shall collect information regarding the particulars of the motor vehicle, its owner and driver, the insurance company concerned, certificate of the doctor regarding the injuries, birth certificate of the injured salary and other income of the injured, vouchers of the expenses relating to medicine, food, travelling and other expenses connected with the accident and all other information necessary for the case. 22. Added by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985 [The Committee shall subject to this scheme meet all expenses necessary for this purpose]
(4) The quantum of compensation claimed should be fair and reasonable. It should be estimated with reference to legal precedents so that the quantum claimed will be of assistance for arrival of a reasonable settlement later on, wherever possible.
(5) The Advocate handling a case under this scheme shall prosecute it with utmost diligence, interest and expedition and a brief monthly report of the progress of the case shall be sent to the Board through the district committee. 33. Inserted by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [He shall, notwithstanding anything contained in the Karnataka Legal Aid (District and Taluka Committees) Scheme, 1983, be paid a fee of one hundred rupees in advance as soon as the case filed by him is registered by the Tribunal or any other authority]. He shall also keep himself in close touch with the course of prosecution in the criminal case arising out of the accident and if before the disposal of the claim petition the criminal case has ended, he shall obtain 44. Inserted by Notification No. KLAB 30/83(M), datod 10-1-1985, w.e.f. 11-1-1985. [through the concerned Taluka Committee] certified copies of the judgment and the plea of the accused in the said case.
CHAPTER 2A Hit and Run Cases
Scheme4A Legal Aid in'hit and run cases
In all hit and run cases it may be verified whether it is a real 'hit and run' case and if so immediate action may be taken to claim compensation admissible from the solatium fund after getting necessary documents, material, if any, from the police or other authorities.]
CHAPTER 3 Payment of the Amount
Scheme5 Payment of the amount
(1) The Advocate to whom the case has been entrusted shall, as soon as the case is disposed of, obtain the copies of the award and examine whether any appeal is necessary either to get the compensation amount enhanced or against an order of dismissal if the claim has been rejected. If it is decided to file an appeal, necessary intimation shall be sent to the Board through the district committee to take further action 11. Added by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [well within the period of limitation.]
(2) If it is decided not to file an appeal, immediate action shall be taken to recover the amount of compensation awarded. The Advocate shall also send a gist of the award to the Board and the district committee.
(3) After the amount of compensation awarded is deposited in the Tribunal, he shall 22. Substituted for the words "get preferred" by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [prefer] necessary voucher to the Tribunal for payment of the amount in deposit. As soon as the cheque is collected, he shall hand it over to the secretary of the district committee.
(4) The district committee shall, as soon as the cheque is received issue a notice to the person in whose favour the award has been made in Form IV calling upon him to come and receive the cheque after paying the Court costs, if any, awarded by the Court.
(5) If an applicant in whose favour the compensation has been awarded happens, to be a minor and where there is a direction by the Tribunal regarding the investment of the compensation amount payable to such person in any of the banks or societies the district committee, shall assist the party to take action in accordance with the directions of the award in the matter of investment.
CHAPTER 4 Miscellaneous
Scheme6 Report to the Board, etc
In every case where aid has been given under this scheme the action taken by the district committee shall be reported to the Board and the Tribunal periodically.
Scheme7 Power to give instructions
The33. Substituted for the word "Board" by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [Executive Chairman] may from time to time issue general or special instructions to give effect to the provisions of this scheme and place those instructions before the next meeting of the Board 44. Added by Notification No. KLAB 30/83(M), dated 10-1-1985, w.e.f. 11-1-1985. [for approval. The Board may approve, modify or reject those instructions and the instruction as approved by the Board shall have effect as if they are the provisions of this scheme. However, such modification or rejection shall be without prejudice to the validity of anything previously done under those instructions.]
APPENDIX 1 FORM
FORM I
[See Rule 3(2)]
Rule 3(2) of the Kamataka Legal Aid (Motor Vehicle
Accident
Compensation Claims) Scheme, 1983
INTIMATION OF ACCIDENT BY MOTOR
VEHICLE
1. Name of the police station in which the accident has been registered, the FIR number and the name of the accused shown in the FIR 2. Name and address of the person inj ured / deceased 3. Date and time of accident 4. Place of accident 5. Particulars of the vehicle or vehicles involved in the accident Vehicle of Other vehicles the accused if any (a) Registration Number (b) Type of the vehicle (c) Name and address of the driver and driving licence particulars (d) Name and address of the owner (e) Name and address of the insurance company, risk covered and Policy No. 6. Name and addresses of the legal heirs of the deceased in the case of death of the victim
Dated:
Seal
Station
House Officer
................. Police
Station
Name
...........................
To
The Secretary,
District Legal Aid
Committee
.....................
INTIMATION TO THE PARTY
Section 92-A(2) of the Motor Vehicles Act, 1939, provides for payment of
compensation to the extent of Rs. 15,000 in the case of an accident in which a
person dies and sum of Rs. 7,500 in the case of accident in which a person
suffers permanent disablement, if and application is made to the Tribunal. In
such cases the claimant is not required to prove or to establish before the Tribunal
the negligence, fault or guilt of driver of vehicle. The above said
compensation has to be given even if the negligence is of victim of the
accident. The owner of the vehicle is liable to pay this amount.
There are other provisions in Motor Vehicle Act to claim higher
compensation having regard to the
status of the victim, damage suffered, etc. For which a claim petition has to
be preferred before the Tribunal, within 6 months from the date of accident.
Section 109-A of the Motor Vehicle Act provides for payment of
compensation from the solatium hand established by the Central Government to
the extent of Rs. 5,000 in the case of death and Rs. 1,000 in the case of
grievous hurt, in hit and run motor accidents for which claim has to be
preferred within one month from the date of accident.
The expenditure towards Court-fees, and all other charges payable in
proceedings before the Tribunal will be met by the Legal Aid Committee.
If you desire to have legal
aid you are requested to come and contact the District Legal Aid Committee ................ district on any working
day, with out delay, with all the papers, if any, in your custody and materials
required to prefer the claim so as to enable this committee to prosecute your
claim before the Tribunal.]
APPENDIX 2 FORM
FORM II
[See
Rule 4(1)]
Karnataka
Legal Aid (Motor Vehicle Accident Compensation Claims)
Scheme,
1983
Register showing the intimation of motor vehicle
accidents received from
the
police:
1. Number, date and the authority from
which the intimation is received:
2. Place and date on which the accident
took place:
3. Name of the person injured in the
accident:
4. Name and address of the legal
representatives in case of death:
5. Number and date of intimation issued in
Form III:
6. Date on which the parties appeared:
7. Further steps taken:
APPENDIX 3 FORM
FORM III
[See Rule 4(1)]
(Rule 4(1) of the Karnataka Legal Aid (Motor Vehicle
Accident Compensation Claims) Scheme,
1983)
To
Sri/Smt..............................
..
.
It has come
to the notice of the
District Legal Aid Committee, .....................
district that an
accident took place
on
........................ at
.......................as a result of which you have been injured/
Sri...................... died for whom you are said to be the legal representative.
Provisions have been made in Section 92-A(2) of the Motor Vehicles Act,
1939, for payment of compensation to the extent of Rs. 15,000 in the case of an
accident in which a person dies and a sum of Rs. 7,500 in the case of an
accident in which a person suffers permanent disablement, if an application is
made to the Tribunal within thirty days from the date of the accident. In such
cases, the claimant is not required to prove or to establish before the
Tribunal the negligence, fault of guilt or the driver of the vehicle. The
abovesaid compensation has to be given even if the negligence is of the victim
of the accident. The owner of the vehicle is liable to pay this amount.
There are other provisions in the Motor Vehicle Act to claim higher
compensation having regard to the status of the victim for which a claim
petition has to be preferred before the Tribunal within 6 months from the date
of accident.
There is also a provision under
Section 109-A of the Motor Vehicles Act for payment of compensation from the
solatium fund established by the Central Government to the extent of Rs.
5,000/- in the case of death and Rs. 1,000 in the case of grievous hurt, in hit
and run motor accidents for which claims has to be preferred within one month
from the date of the accident.
The expenditure
towards Court-fees, and ail other charges as specified in sub-section (4) of
Section 2 of the Karnataka Legal Aid Board Act, 1981, that are payable in the
proceedings before the Tribunal will be met by the Legal Aid Committee.
If you desire to have legal aid you are requested to come and contact
the District Legal Aid Committee .......................district on any working
day, without delay, with all the papers if any, in your custody and materials
required to prefer the claim so as to enable this committee to prosecute your
claim before the Tribunal,
Last date for filling of the petition is.................
198..........You should approach the District Legal Aid Committee sufficiently
early.]
APPENDIX 4 FORM
FORM IV
[See Rule 5(4)]
Karnataka Legal Aid (Motor Vehicle Accident
Compensation Claims) Scheme, 1983
To:
NOTICE
Please take notice that a sum of Rs. . .......... Has been awarded as compensation by the Motor Vehicle
Accident Claims Tribunal.................. in case no.................Court
cost awarded by the Court are as follows.
Amount of compensation awarded. Court costs awarded by the Court: Rs. 1. Court fee: Rs. 2. Other Charges Rs. 3. Advocate fee Rs. Total Rs.
You are, therefore, called upon to appear before the
office of the committee and receive the cheque for Rs...............given by
the Claims Tribunal after paying Rs................towards Court costs.
Secretary,
District Legal Aid Committee.
..................District.
ACKNOWLEDGMENT
Received from the District Legal Aid
Committee,...............a cheque for Rs..............(in words
Rs......................) bearing No.....................being the amount of
compensation in full settlement of the claim.
Signature and designation Receipt stamp of 0-20
Of a Gazetted Officer Signature of the
applicant.
KARNATAKA LEGAL AID (DISTRICT AND TALUKA COMMITTEES) SCHEME, 1983
In exercise of the powers conferred by Section 16 of the Karnataka Legal Aid Board Act, 1981 (Karnataka Act 32 of 1981) and with the previous approval of the Government of Karnataka, vide G.O. No. LAW 44 LAD 80, dated 13th April, 1983 the Karnataka Legal Aid Board hereby makes the following scheme, namely.
CHAPTER 1 Preliminary
Scheme1 Short title and commencement
(1) This scheme may be called the Karnataka Legal Aid (District and Taluka Committees) Scheme, 1983.
(2) It shall come into force on the date of its publication in the Official Gazette.
Scheme2 Definitions
In this scheme unless the context otherwise requires.
(1) "Aided person" means a person to whom 22. Inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985 [legal] aid has been given under this scheme;
(2) "Applicant" means a person who has applied for grant of legal aid;
(3) "Chairman" means the Chairman of the district committee or the taluka committee, as the case may be;
(4) "District committee" means the District Legal Aid Committee constituted under Rule 4;
33. Clause (4-a) inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984 [(4-a) "Family" of an applicant means the applicant and his spouse;]
(5) "Form" means a form appended to this scheme;
(6) "Taluka committee" means the Taluka Legal Aid Committee constituted under Rule 5.
CHAPTER 2 Constitutions and Function of the Committees
Scheme3 Committees
For the purpose of providing and carrying out the objects specified in Section 14 and for giving effect to the powers mentioned in Section 15, there shall be constituted by the Board the following committees, namely.
(a) The district legal aid committees in each district.
(b) The taluka legal aid committees in each taluka 22. Inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985 [where there is a Court.]
Scheme4 District legal aid committees
(1) The Board may constitute, at the headquarters of each district, a District Legal Aid Committee, to be known by the name of the district for which it is constituted.
33. Sub-rule-(2) substituted by Notification No. KLAB 22/82(M). dated 10-11-1983, w.e.f. 17-11-1983. [(2) The Deputy Commissioner of the district shall be the Chairman and the President of the Bar Association at the district head-quarters shall be the Executive Vice-Chairman of the district committee:
Provided that the Board may appoint any other person as the Executive Vice-Chairman.]
(3) The district committee shall, in addition to the Chairman and 44. Inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [the Executive] Vice-Chairman, consist of the following members, namely. 55. Clause (a) substituted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [(a) the Superintendent of Police of the district;]
(b) the President of the local authority at the district headquarters;
(c) the District Government Pleader;
(d) the District Social Welfare Officer;
66. Clause (da) inserted by Notification No. KLAB 22/82(M), dated 5-1-1987, w.e.f. 22-1-1987. [(da) the Assistant Director of Social Welfare (Directorate of Women and Children Welfare);]
(e) one member of the State Legislature from the district;
77. Clause (ea) inserted by Notification No. KLAB 22/82(M), dated 30-6-1988, w.e.f. 6-10-1988. [(ea) One member of the Zilla Parishad from the District.;]
(f) the District Information and Publicity Officer;
11. Clauses (fa) to (fc) inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(fa) the Officer of the Backward Class Department having jurisdiction over the District;
(fb) the Superintendent of Prison, at the district headquarters;
(fc) one representative of Backward Classes;]
(g) one representative of the legal academic community, if available, at the headquarters of the district;
(h) one representative of the Scheduled Castes or the Scheduled Tribes;
(i) one legal practitioner; 22. The words "nominated by the District Judge of the district" omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [x x x x x]
(j) one woman;
(k) one person who is a social worker; 33. Added by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [and]
(l) the Secretary 44. Inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [or the Additional Secretary] of the Board.
(4) All members other than the members at items (a), (b), (c), (d), 55. Inserted by Notification No. KLAB 22/82(M), dated 5-1-1987, w.e.f. 22-1-1987. [(da)], (f), 66. Inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(fa), (fb)], 77. The brackets and figure "(i)" omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [x x x x x] and (1) shall be nominated by the Board:
88. Proviso added by Notification No. KLAB 22/82CM), dated 10-1-1985, w.e.f. 11-1-1985. [Provided that casual vacancies may be filed by nomination by the President of the Board.]
(5) 99. Substituted for the words "The Chairman" by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [The Chairman or the Executive Vice-Chairman] may co-opt such number of additional members not exceeding three for such period 1010. Inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [but not exceeding two years] as he deems necessary.
(6) 1111. Substituted for the words "The Chief Administrative Officer of the District Court (in the case of Bangalore City District, the Registrar, City Civil Court)" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [An officer of the Directorate of Prosecutions in the district headquarters] or any other person 1212. Substituted for ihe words "nominated by the District Committee with the approval" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [appointed by the Executive Committee] of the Board, shall act as the Secretary of the district committee. He shall perform such functions as may be assigned to him 1313. Inserted by Notification No. KLAB 22/82(M). dated 13-7-1984, w.e.f. 9-8-1984. [by the Board and] by the 1414. Substituted for the word "Chairman" by Notification No. KLAB 22/82(M). dated 10-11-1983, w.e.f. 17-11-1983.. [district committee] and he shall be assisted by such staff as may be sanctioned by the Board in this behalf.
11. Sub-rule (7) omitted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(7) xxx xx.]
Scheme5 Taluka legal aid committees
(1) The Board may, constitute at the headquarters of each taluka where a Munsiff Court is established, a Taluka Legal Aid Committee to be known by the name of the taluka in which it is constituted.
22. Sub-rule-(2) substituted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [(2) The President of the Bar Association at the taluka headquarters shall be the Chairman of the taluka committee:
Provided that the Board may appoint any other person as the Chairman.]
(3) The taluka committee shall, in addition to the Chairman, consist of the following members, namely.
(a) the Tahsildar of the taluka;
(b) 33. Substituted for the words "the Deputy Superintendent of Police having jurisdiction over the Taluka" by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [the Police officer of the highest rank stationed in the taluka headquarters;]
(c) the President of the local authority at the taluka headquarters;
(d) the Officer of the Social Welfare Department having jurisdiction over the taluka;
44. Clauses (da) and (db) inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(da) the Officer of the Backward Class Department having jurisdiction over the taluka;
(db) one representative of Backward Classes;]
(e) the Block Development Officer of the taluka;
(f) one representative of the Scheduled Castes or the Scheduled Tribes;
(g) one representative of the legal academic community, if available, at the headquarters of the taluka;
(h) one legal practitioner;
(i) one woman;
(j) one person who is a social worker; 55. Added by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [and]
(k) one member of the State Legislature from the taluka.
66. Clause (1) inserted by Notification No. KLAB 22/82(M), dated 30-6-1988, w.e.f. 6-10-1988. [(l) IAmendment not appeared in the Gazette.]
(4) The Secretary 11. Inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [or the Additional Secretary] of the Board may attend the meeting of a taluka committee. All members other than members at items (a), (b), (c), (d), 22. Inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(da)] and (e) shall be nominated by the Board:
33. Proviso added by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [Provided that casual vacancies may be filled by nomination by the President.]
(5) 44. Substituted for the words "The Sheristedar of the Munsiff s Court or the Civil Judge's Court" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [An officer of the Directorate of Prosecutions in the taluka headquarters] or any other person 55. Substituted for the words "nominated by the taluka committee with the approval" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [appointed by the Executive Committee] of the Board shall act as the Secretary 66. Substituted for the word "to" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [of the taluka legal aid committee. He shall perform such functions as may be assigned to him 77. Inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [by the Board and] by the 88. Substituted for the word "Chairman" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [taluka committee] and shall be assisted by such staff as may be sanctioned by the Board in this behalf.
99. Sub-rule (6) inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [(6) The Chairman may co-opt such number of additional members not exceeding three for such period but not exceeding two years as he deems necessary.]
Scheme6 Term of office of nominated members
(1) Subject to the pleasure of the Board the term of office of the nominated members of the district committee and the taluka committee shall be such as may be specified by not exceeding 1010. Substituted for the words "three years" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [for such period as may be specified but not exceeding three years:]
Provided that a member of the State Legislature shall hold office of a nominated member only so long as he continues to be the member of the State Legislature.
(2) A nominated member may, at any time, resign his office 1111. Added by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [by writing under his hand addressed to the Executive Chairman and his resignation shall be effective from the date it is received by the Executive Chairman.]
(3) A nominated member who fails to attend three consecutive meetings of the committee, shall cease to be a member:
Provided that the Board may, on the recommendation of the district committee or the taluka committee, as the case may be, restore his membership.
(4) A person nominated in the vacancy of a nominated member shall hold office as a nominated member only for the unexpired term of the nominated member in whose vacancy he has been nominated.
(5) 11. Substituted for the word "No" by Notification No. KLAB 22/82CM), dated 10-11-1983, w.e.f. 17-11-1983. [The district committee and the taluka committee may be constituted with not less than two-thirds of the total number of members thereof and no] act or proceedings of the district committee or the taluka committee shall be invalid merely by reasons of.
(a) any vacancy therein or defect in the constitution thereof;
(b) any defect in the nomination of a person as a member thereof; or
(c) any irregularity in the procedure not affecting the merits of a case.
(6) On the expiry of the term of office as nominated member a person will be eligible for renomination.
Scheme7 Powers and functions of the district committee
Subject to the 22. Inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [provisions of the Act and the] general superintendence and control of the Board, the district committee shall exercise the following powers and perform the following functions, namely.
(a) supervise, 33. The word "direct" omitted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [x x x x x] and guide the working of the taluka committees in the district 44. Added by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [if necessary by holding not more than three meetings in a year with the Chairman and Secretaries of the taluka committees in the district];
(b) call for from the taluka committees in the district such periodical reports, returns and other statistics or information as it may think fit, or as are required by the Board;
(c) submit recommendations and suggest improvements in the working of this scheme;
(d) prepare, consolidate and submit such reports, returns and other statistics or information in respect of the district as the Board may call for;
(e) receive applications for aid in respect of legal matters at the district headquarters and in Courts thereat;
(f) ensure that the case of every applicant is promptly processed by the Secretary of the committee before it is put up before the district committee for consideration;
(g) consider the cases put up before it for aid and decide as to what extent aid is to be made available to the applicant;
(h) persuade the other party to appear before it and make efforts to bring about among the parties a just settlement 11. The words "through the good offices of the senior members of the local Bar Association" omitted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [x x x x x] and to refuse the aid if, in its opinion, the conciliation has failed due to any fault on the part of the applicant;
(i) encourage and promote conciliation and settlement in all legal proceedings;
22. Substituted for the word "Proceedings" by Notification No. KLAB 22/82(M), dated 10-11-1983. w.e.f. 17-11-1983. (j) take 22. Substituted for the word "Proceedings" by Notification No. KLAB 22/82(M), dated 10-11-1983. w.e.f. 17-11-1983. [steps] for the recovery of costs awarded to an aided person 33. Inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [and pay the fees admissible to legal practitioners;]
(k) irrespective of the income test referred to in Rule 19, to recommend aid.
(i) in cases of great public importance; 44. The word "or" omitted by Notification No. KLAB 22/82CM), dated 10-11-1983. w.e.f. 17-11-1983. [x x x x]
(ii) in a 55. Substituted for the words "test case'' by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [public interest litigation], the decision of which is likely to affect the interests of numerous 66. The word "aided" omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [x x x x x] persons; or
(iii) in a special case, where the district committee, for reasons to be recorded in writing, considers it necessary to grant aid;
77. Clauses (1), (la) and (Ib) substituted for clause (1) by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(1) give publicity to the legal aid programmes of the Board;
(1-a) hold camps, seminars and the like with the approval of the 88. Substituted for the words "Executive Chairman" by Notification No. KLAB 22/82(M), dated 30-6-1988, w.e.f. 6-10-1988. [Secretary of the Board];
(1-b) take necessary steps to obtain all necessary evidence documentary or otherwise, including expert opinion for the proper and effective conduct of a case in which legal aid has been given; and.]
(m) perform such other functions as the Board may from time to time direct.
Scheme8 Advocates' fees in special cases
99. Rule 8 substituted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. With the prior sanction of the Board, the district committee may sanction, in exceptional cases, fees upto five hundred rupees in a case before the High Court, four hundred rupees in a case before a District and Sessions Judge or a Civil Judge and three hundred rupees in a case before a Munsiff.]
Scheme9 Contingent expenditure of district committees
(1) The amounts placed at the disposal of the district committee by the Board shall be kept in
11. Sub-rule (2) substituted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(2) The Secretary of the District Committee with the previous approval of the Executive Chairman of the District Committee shall be competent to incur expenditure upto fifty rupees per month but not exceeding five hundred rupees per annum towards office contingency of the committee. If the Executive Vice-Chairman is not available in headquarters the Secretary may incur such expenditure without such approval but subject to ratification of the action taken in the next meeting of the committee.]
22. Sub-rule (3) inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [(3) The Executive Vice-Chairman and the Secretary of the district committee shall jointly operate the account of the district committee referred to in sub-rule (1).]
33. Sub-rule (4) added by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [(4) The District Committee may authorise the Secretary of the Committee to keep with him a sum upto one hundred rupees as imprest to meet urgent expenses, if any, and to recoup the amount from the funds of the committee from time to time.]
Scheme10 Powers and functions of the taluka committees
Subject to the 44. Inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [provisions of the Act and the] superintendence and control of the Board and the district committee, the taluka committee shall exercise 55. The word "of omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [x x x x x] the following powers and perform the following functions, namely.
(a) receive applications for aid in respect of the legal proceedings at the taluka headquarters;
(b) ensure that the case of every applicant is promptly processed by the Secretary of the committee before it is put up before the taluka committee for consideration;
(c) consider the cases put up before it for aid and decide as to what extent aid is to be made available to the applicant;
(d) persuade the other party to appear before it and make efforts to bring about among the parties a just settlement 66. The words "through the good offices of the senior members of the local Bar Association" omitted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [x x x x x], and to refuse the aid if, in its opinion, the conciliation has failed due to any fault on the part of the applicant;
(e) encourage and promote conciliation and settlement in all legal proceedings;
(f) take proceedings for the recovery of costs awarded to an aided person;
(g) irrespective of the income test referred to in Rule 19, to recommend aid.
(i) in cases of great public importance; 11. The word "or" omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [x x x]
(ii) in a 22. Substituted for the words "test case" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [public interest litigation], the decision of which is likely to affect the 33. Substituted for the word "interests" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [cases] of numerous 44. The word "aided" omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [x x x x x] persons; or
(iii) in a special case, where the taluka committee, for reasons to be recorded in writing, considers it necessary to grant aid;
55. Clauses (ga) to (gc) inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(ga) give publicity to the legal aid programmes of the Board;
(gb) hold camps and seminars with the approval of the 66. Substituted for the words "Executive Chairman" by Notification No. KLAB 22/82(M), dated 30-6-1988, w.e.f. 6-10-1988. [Secretary of the Board]; and
(gc) take necessary steps to obtain all necessary evidence, documentary or otherwise including expert opinion for the proper and effective conduct of a case in which aid has been given; and]
(h) perform such other functions and discharge such other duties as the District Committee or the Board may entrust to it.
Scheme11 Advocates' fees in special cases
77. Rule 11 substituted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. With the prior sanction of the Board, the taluka committee may sanction, in exceptional cases, fees upto four hundred rupees in a case before a Civil Judge and three hundred rupees in a case before a Munsiff.]
Scheme12 Contingent expenditure of taluka committee
(1) The amount placed at the disposal of the taluka committee by the Board shall be kept in a savings bank account 88. Inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [in the name] of the taluka committee, in a Scheduled Bank.
99. Sub-rule (2) substituted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(2) The Secretary of the Taluka Committee with the previous approval of the Chairman of the Committee shall be competent to incur expenditure upto fifty rupees per month but not exceeding five hundred rupees per annum towards office contingency of the committee. If the Chairman is not available in the headquarters, the Secretary may incur such expenditure without such approval but subject to ratification of the action taken in the next meeting of the committee.]
11. Sub-rule (3) inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [(3) The Chairman and the Secretary of the taluka committee shall jointly operate the account of the taluka committee referred to in sub-rule (1).]
22. Sub-rule (4) inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [(4) The Taluka Committee may authorise the Secretary of the Committee to keep with him a sum upto fifty rupees as imprest to meet urgent expenses, if any, and to recoup the amount from the funds of the committee from time to time.]
Scheme13 Power to revise orders district committee and taluka committee
The Board may, on its own motion or on an application made by an aggrieved person modify or set aside any order passed by a district committee or a taluka committee.
Scheme14 Powers of the district and taluka committees
33. Rule 14 substituted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983.
(1) A district or taluka committee may, with the previous sanction of the Executive Chairman of the Board, undertake camps, seminars and other similar activities to give publicity to the legal aid programmes undertaken by the Board or to give effect to the purposes to the Act.
(2) The said Committee may sanction the bills of the legal practitioners and do such other functions as the Board may from time to time direct or authorise.]
44. Sub-rule (2) inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [(3) Subject to the general instructions of the Board a legal practitioner authorised by a district or taluka committee or a member of the Board may periodically visit jails and police stations and give assistance to prisoners while under arrest or detention as an undertrial prisoner or as a convicted prisoner and jail and police authorities shall give all necessary assistance to such legal practitioners or members.]
Scheme15 Powers to call for returns
For the purpose of regulation, supervision and control, the Board may call' for such periodical returns as it considers necessary from the district committees and the taluka committees.
Scheme16 Meetings
(1) 55. Substituted for the words "The Chairman of a district committee, or" by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [Subject to the special or general instructions of the Board, the Chairman or the Executive Vice-Chairman of a District Committee and the Chairman] of a taluka committee, may, as frequently as the business may warrant, and shall at least once 66. Substituted for the words "in a month" by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [in two months], call a meeting of the district committee, or as th£ case may be of the taluka committee: 77. Proviso inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [Provided that the Secretary may also call a meeting in urgent cases if the Chairman or Executive Vice-Chairman is not available to call a meeting-]
________________;___________________________________________
(2) The Chairman 11. Substituted for the words "or in his absence" by Notification No. KLAB 22/82CM), dated 10-11-1983, w.e.f. 17-11-1983. [ 22. Substituted for the words "or in the case of a District Committee" by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [or in the case of a taluka committee and in the case of a district committee, the Chairman or in his absence], the Executive ViceChairman or in their absence], a member chosen by the members present from among themselves, shall preside at a meeting of the district committee or Taluka Committee, as the case may be.
(3) All questions at a meeting shall be decided by majority of the votes of the members present and voting and in case of equality of votes, the person presiding shall have a second or casting vote.
(4) Three members in the case of a district committee or a taluk committee shall form the quorum at a meeting.
(5) Minutes shall be kept of the names of the members present and of the proceedings at each meeting which shall be signed at the next ensuing meeting by the person presiding at such meeting and shall be open to inspection by any member.
33. Sub-rule (6) inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [(6) 44. Substituted for the words "Non- official members" by Notification No. KLAB 22/82CM), dated 19-9-1985, w.e.f. 24-10-1985. [Members] of the district and taluka committees shall be paid a sitting fee of fifteen rupees and ten rupees respectively per day for attending the meetings of the committees in addition to actual bus or II class train fare.]
Scheme17 Minutes of meetings
A copy of the minutes shall be sent.
(1) of each meeting held by a taluka committee, to the district committee concerned and the Board;
(2) of each meeting held by a district committee, to the Board.
CHAPTER 3 Advice Centres
Scheme18 Advice centres
(1) A district committee or a taluka committee, as the case may be, 55. Substituted for the words "shall open" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [shall, subject to the special or general orders of the Board, open] one or more advice centres in the committee office 66. Inserted by Notification No. KLAB 22/82CM), dated 10-11-1983, w.e.f. 17-11-1983. [or in convenient places]. These centres will be 77. Substituted for the word "sit" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [open] for six days in a week (Monday to Saturday) in two sessions a day 88. Substituted for the words, figures and letters "from 8-00 a.m. to 10-00 a.m., and from 5-00 p.m. to 7-00 p.m." by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [2 hours each]. These centres shall be given such clerical and other assistance as the concerned committee may determine. 99. Substituted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [One of the centres shall be attended by a woman legal practitioner, if available.]
(2) Junior legal practitioners in the panel may be directed by the Chairman to attend the sessions of the advice centres by rotation 11. The full stop deleted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [x x x x x] 22. Substituted for the word "The Legal Practitioner" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [and they] shall be paid an honorarium of 33. Substituted for the word "twenty" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [twenty-five] rupees per session. 44. Proviso omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [x x x x x.]
(3) Each legal practitioner attending the advice centre shall maintain a register in Form I indicating therein the name and address of the application seeking advice, his occupation, his means and income, a concise statement of the problem in regard to which legal advice is sought and the advice or relief suggested. The legal practitioner shall take the signature or thumb impression of the applicant to the record so made.
(4) The legal practitioner shall find out the nature of the problem and tender advice indicating the relief suggested. He shall also furnish to the applicant a summary of his advice and relief suggested in writing so that the applicant can take further steps in the matter.
(5) If the legal practitioner feels that the problem is a difficult or complicated one he shall record the facts and the problem in sufficient detail and direct the applicant to the 55. Substituted for the word "Committee" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [Secretary of the Committee] who shall refer 66. Substituted for the word "him" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [the applicant] to a senior legal practitioner in the panel' 77. Substituted for the full stop by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [,] 8who shall be paid forty rupees per case.]
(6) If the advice tendered in a case is to approach a Court of law, 99. Inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [authority or tribunal], the applicant may be referred to the concerned committee and thereafter the committee shall take further action under this scheme.
(7) Irrespective of his income a person coming for advice to an advice centre shall be entitled to get 1010. Substituted for the words "advice from an advice centre" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [free legal advice.]
1111. Sub-rule (8) inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(8) Notwithstanding anything contained in this chapter the Board may open one or more advice centres in the Board premises with a senior legal practitioner or a retired District Judge to give advice in cases received in the Board Office. The Centre will be opened for not less than three hours a day. Fees payable to such legal practitioner shall be fifty rupees per day.
CHAPTER 4 Eligibility For Legal Aid and Advice
Scheme19 Persons eligible for aid
11. Rule 19 substituted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983.
(1) No person shall be eligible for legal aid under this scheme, unless he co-operates in the conciliation and settlement efforts made by the district committee or the taluka committee, as the case may be. If the conciliation and settlement efforts made by the committee fail on account of any fault on his part, he shall not be entitled for any aid and the aid, if any, already given shall be recovered from him as an arrear of land revenue.
(2)
(a) Save as provided in Rule 18, no person shall be eligible for aid unless he satisfies the district committee, or the taluka committee, as the case may be, that the income of the family of which he is a member is less than eight thousand rupees per annum.]
22. Proviso inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [Provided that in cases received by the Board, the Secretary of the Board may take a decision about the eligibility of an applicant.]
(b) A certificate of income obtained from any of the following authorities will be considered as the prima facie evidence of the income specified therein.
(i) a member of the Parliament;
(ii) a member of the State Legislature;
(iii) any gazetted officer;
(iv) the chairman of a village panchayat;
(v) the president of a municipality; or
(vi) a village accountant:
Provided that nothing in this sub-rule shall apply to.
(i) persons belonging to Scheduled Castes and Scheduled Tribes;
33. Item (ii) omitted by Notification No. KLAB 22/82CM), dated 5-1-1987, w.e.f. 22-1-1987. [(ii) xxxxx;]
(iii) persons in custody;
44. Item (iii-a) inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(iii-a) persons injured or legal representatives of a person died in a motor vehicle accident;]
(iv) jawans and ex-jawans and their families, that is to say, wife, children, father, mother, minor brothers or unmarried or widowed sisters, wholly dependent on them:
Provided further that a declaration of income duly made by the applicant before an authorised person may also be accepted as prima facie proof of the income of the applicant specified therein.
(3) Subject to the provisions of sub-rule (2), a person shall be eligible for aid only if his case satisfies the following, namely.
(a) he has a prima facie and reasonable case for litigation; or
(b) a social purpose will be served by filing his case or by defending it.
11. Sub-rule (4) and the proviso thereto omitted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [(4) x x x x x.]
Scheme20 Bar of legal aid in certain cases
(1) No legal aid shall be given under this scheme 22. Inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [in cases specified in sub-rule (2) and] in such class of cases as the Board may by general or special order from time to time specify.
(2) No legal aid shall 33. The word "also" omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [x x x x x] be given in cases relating to 44. Inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [or arising out of elections and to persons].
55. Item (a) omitted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(a) xxxxx;]
(b) 66. Inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [accused of] defamation or malicious prosecution;
(c) 77. Inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [accused of] special offences, such as food adulteration;
(d) 88. Added by Notification No. KLAB 22/82(M), dated 10-1- 1985, w.e.f. 11-1-1985. [committing] public nuisance under the municipal or other laws for the time being in force in the State;
(e) 99. Inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [accused of] economic offences;
(f) 1010. Inserted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [accused of] offences under social laws; 1111. Added by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [and]
1212. Clause (g) inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [(g) 1313. Added by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [who are] habitual offenders.]
1414. Sub-rule (3) omitted by Notification No. KLAB 22/82(M), dated 10-11- 1983, w.e.f. 17-11-1983. [(3) xxxxx.]
Scheme21 Procedure for applying for legal aid
(1) Any person desirous of receiving legal aid may, at any time, make an application in Form H to the District Committee or the taluka committee, as the case may be.
(2) For the prompt consideration and disposal of applications for legal aid 11. The words "made to it" omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [x x x x x] the district committee or the taluka committee, as the case may be, shall constitute an executive sub-committee consisting of 22. Substituted for the words "the Chairman and the President of the local Bar Association" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [the Executive Vice-Chairman in the case of a district committee and the Chairman in the case of the taluka committee and not less than one other member:] 33. First proviso omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983. [x x x x x.]
44. Second proviso inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [Provided 55. The word "further" omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17- 11-1983 [x x x x x] that in an emergent case where an interim relief is required to be sought and where it is not possible for the Executive subcommittee to take immediate decision, the Executive Vice-Chairman in the case of district committee or the Chairman in the case or taluka committee may take immediate decision to extend legal aid subject to ratification within three days by the executive sub-committee or the legal aid committee, as the case may be.]
(3) Applications for legal aid shall be received and processed by the Secretary of the district committee or the taluka committee, as the case may be, in accordance with this scheme and the directions of the Chairman 66. Inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [the Executive Vice-Chairman] and by applying the income test, the prima facie case test and the purpose test on the basis of such evidence like affidavits 77. Inserted by Notification No. KLAB 22/82CM), dated 10-11-1983, w.e.f. 17-11-1983 [and] certificates furnished by the applicant and other available documents. The Secretary or other person receiving the application for legal aid may call upon the applicant to produce such evidence as he may consider necessary for the purpose of determining in the eligibility under the income test, the prima facie case test and the purpose test. Thereafter he shall place the application and the other documents together with the reports of enquiry before the executive sub-committee for final action in accordance with these rules. For the purpose of taking a decision the executive subcommittee 88. Substituted for the words "may take the advice of a legal practitioner" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [may if the case is not already examined by the advice centre, take the advice of a legal practitioner] whose name is included in the panel of 99. Substituted for the word "Advocates" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [legal practitioners] prepared by the concerned committee 1010. Inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984 [and such legal practitioner may be paid a fee of 1111. Substituted for the words "fifteen rupees" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [thirty rupees] per case.]
1111. Substituted for the words "fifteen rupees" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(4) In cases received in the Board Office, the powers of the Committee under this rule may be exercised by the Secretary of the Board, with the 11. Substituted for the words "fifty rupees per case" by Notification No. KLAB 22/82(M), dated 19-9-1985, w.e.f. 24-10-1985. [not exceeding one hundred rupees as may be determined by the Secretary. Higher fees may be paid in deserving cases with the approval of the Executive Chairman]. If it is decided to give aid the Secretary may send the matter to the concerned Committee for taking further action.]
22. Sub-rule (5) inserted by Notification No. KLAB 22/82(M), dated 5-1-1987, w.e.f. 22-1-1987. [(5) In suits or appeals in which Court-fee payable exceeds five hundred rupees, before giving legal aid, the applicant should be directed to file the suit or appeal informa pauparis and legal aid should be given only if the application fails and if income test is satisfied and also after obtaining the approval of the Executive Chairman in accordance with the instructions that may be given from time to time. The Committee may meet the expenses connected with the form pauparis proceedings.]
Scheme22 List of legal practitioners
(1) For the purpose of administering this scheme, the district committee and the taluka committee shall, each maintain a panel of legal practitioners. The 33. Substituted for the words "number of legal practitioners to be" by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [maximum number of legal practitioners that may be] placed on each such panel shall be determined by the Board:
Provided that the 44. Substituted for the words "Bangalore City District Committee shall maintain" by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [Bangalore district committee shall maintain one panel for rural Courts] one panel for the High Court, one panel for subordinate Courts and one panel for tribunals, labour Courts and the like.
55. Second proviso inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [Provided further that the Board may also maintain a panel of legal practitioners and entrust cases to any legal practitioner.]
(2) The panel prepared by the district committee or the taluka committee, as the case may be, shall be submitted to the Board for approval.
66. Provisos inserted by Notification No. KLAB 22/82(M), dated 5-1-1987, w.e.f. 22-1-1987. [Provided that the Executive Chairman has power to delete the names from or to add names to the panels of legal practitioners recommended by the Committees:
Provided further that in cases relatable to Land Reforms before the High Court of the Appellate Authorities in the districts, maintenance or panels of Legal practitioners, entrustment or cases to them and matters connected therewith shall be governed by the instructions that may be given from time to time.]
(3) The panel shall consist of two parts, one consisting of senior legal practitioners and another consisting of junior legal practitioners. 11. Added by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [As many senior legal practitioners as possible of the place shall be included in the senior legal practitioners panel. In special cases work may be entrusted by the committee to legal practitioners who are not in the panel.]
22. Sub-rule (4) substituted by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [(4) The remuneration payable to the legal practitioners for conducting cases in Courts and before tribunals and other authorities shall be such as is specified in Schedule II. One- third of the fees 33. Substituted for the words "or the minimum fee fixed" by Notification No. KLAB 22/82(M), dated 19-9-1985, w.e.f. 24-10-1985 [payable] shall be paid as soon as the 44. Inserted by Notification No. KLAB 22/82(M), dated 19-9-1985, w.e.f. 24-10- 1985 [written statement, objection statement or] "counter is filed and numbered and if the Advocate is appearing for the defendant or respondent as soon as the counter is filed into Court 55. Added by Notification No. KLAB 22/82(M), dated 19-9-1985, w.e.f. 24-10-1985 [or Tribunal, in criminal cases, fifty rupees shall be payable, when the case is posted for evidence.]
(5) The legal practitioners placed on the panel shall, subject to the pleasure of the Board, be entitled to be on the panel for five years. Work shall be entrusted to these legal practitioners after obtaining their consent.
66. Sub-rules (6) and (7) inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [(6) If in the opinion of the Committee a legal practitioner is not discharging his duties in relation to a case entrusted to him properly 77. Substituted for the words "or in a manner" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985 [or is discharging his duties in a manner] which is against the interest of the aided person, the committee may withdraw that case and all other cases entrusted to him and may also remove him from the panel. Such legal practitioner shall not be entitled to any fees in that case.
(7) If a legal practitioner ceases to be in charge of a case or to be in the panel of legal practitioners, irrespective of the reasons therefor he shall handover all the papers, files and records pertaining to that case or as the case may be, the case entrusted to him, to the concerned committee. He shall have no right to retain such papers, files and records. If he is entitled to any fees upto that stage he shall subject to sub-rule (6) be paid such fees by the committee.]
Scheme23 Conciliation
The district committee or the taluka committee shall, through a legal practitioner placed on the panel maintained by it, whenever considered just and feasible first try to effect 88. Substituted for the word "reconciliation" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [conciliation] in each case keeping the question of the limitation in view and grant legal aid thereafter.
Scheme24 Power to grant or reject application
The district committee or the taluka committee may reject an application or grant legal aid to such extent as it may think fit in the circumstances of the case and issue an authorisation in Form III:
Provided that in the case of rejection the applicant will be informed of the reasons 11. Substituted for the word "therefor" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985 [therefor in writing immediately.]
Scheme25 Withdrawal of legal aid
It shall be competent for the district committee or the taluka committee, as the case may be, which granted legal aid to withdraw or withhold it at any time for reasons to be recorded in writing and under intimation to the aided person.
Scheme26 Appeals
Any person aggrieved by an order passed by the district committee or the taluka committee under these rules may within thirty days of the communication of such order, appeal to the 22. Substituted for the word "Board" by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [Executive Chairman].
Scheme27 Entrustment of case to a legal practitioner
(1) The district committee or the taluka committee, as the case may be, shall entrust the case of an aided person to 33. Substituted for the words "an Advocate" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [a legal practitioner] on the panel maintained by it by issue of an authorisation in 44. Substituted for the words "the form prescribed" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [Form III], under the signature of the secretary of the committee. 55. Inserted'by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [Normally a local legal practitioner should be appointed, since a legal practitioner is not entitled to any travelling and daily allowances. The authorisation in Form III shall be subject to the provisions of the Act, this scheme and in particular sub-rule (6) of Rule 22.]
(2) The district committee or the taluka committee, as the case may be, may entrust the case of an aided person to 66. Substituted for the words "an Advocate" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [a legal practitioner] other than 77. Substituted for the words "an Advocate" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [a legal practitioner] on the panel maintained by it, on payment of such special fee as it may recommend and as the 88. Substituted for the word "Board" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985. [Executive Chairman] may sanction, if the case is.
(i) of an intricate nature; or
(ii) of general public importance; or
99. Clause (iii) substituted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [(iii) such that its decision will affect the interests of numerous persons.]
Scheme28 Duty of [legal practitioner] to take further action after the decision [x x x x x] by the Court
11. Substituted for the word "Advocate" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 22. The words "of a case" omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 33. Rule 28 renumbered as sub-rule (1) thereof by Notification No. KLAB 22/82CM), dated 10-1-1985, w.e.f. 11-1-1985 [
(1)] The 44. Substituted for the word "Advocate" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [legal practitioner] conducting a case on behalf of an aided person shall, as soon as the case is decided, apply for 55. Substituted for the words "a copy" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [copies] of the judgment and decree, if any, and immediately on receipt of the copies 66. The word "shall" omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [x x x x x] submit them to the district committee or the taluka committee, as the case may be, which appointed him together with detailed comments 77. Added by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [thereon]. The district committee or the taluka committee, as the case may be, shall take steps to recover costs, if 88. Inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [any], awarded by the Court to the aided person and consider feasibility of filing an appeal or revision, if.
(i) the case has been decided against the aided person;
(ii) the case is prima facie fit for appeal; and
(iii) the aided person has applied for aid for filing appeal:
Provided that it will not be necessary to make a fresh enquiry in regard to income test, unless the district committee or the taluka committee, as the case may be, is of the opinion that change of circumstances has taken place since the last enquiry:
Provided further that it will not be necessary to make fresh efforts for conciliation and settlement unless district committee or the taluka committee, as the case may be, finds some new grounds for the same due to change in the circumstances:
Provided also that in case any such inquiry is to be made or the conciliation proceedings are to be conducted the relevant provisions of this scheme shall apply.
99. Sub-rule (2) added by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985 [(2) It shall be the duty of a legal practitioner to whom a case has been entrusted either for giving advice or to conduct the case before a Court, tribunal or other authority to give due acknowledgement for all the papers received in such case from the committee or the Board or the party and to retain them in safe custody till the disposal of the case and to return all those papers to the Secretary of the committee or the Secretary of the Board, as the case may be, under acknowledgement before receiving his fees in such case. As far as possible the Board, Committees and the Advocates should not take important original documents from the parties. At the cost
Scheme29 Prohibition against acceptance of remuneration
(1) No legal practitioner on the panel shall 11. Substituted for the word "change" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985 [charge] or collect any remuneration from an aided person in any form whatsoever.
(2) The name of a legal practitioner `ho contravenes the provisions of sub-rule (1) shall be removed from the panel and he shall also be liable to be proceeded against under the 22. Substituted for the words "Bar Council Act" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [relevant law].
Scheme30 Agreements
(1) The district committee or taluka committee, as the case may be, giving aid to a person shall, before giving such aid, obtain from such person an agreement in Form IV containing such general conditions as the Board may specify and such special conditions as the district committee or the taluka committee, as the case may be, may consider fit to impose having regard to the special facts and circumstances of the case. 33. Proviso omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [x x x x x]
(2) The district committee or taluka committee shall also obtain irrevocable power of attorney in Form V from the aided person authorising the committee to do all such acts and things as may be necessary for recovery or realisation of the Court 44. Substituted for the word "amount" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [costs] decreed or ordered to be paid to him.
(3) Notwithstanding anything contained in sub-rules (1) and (2) the agreement in Form IV and irrevocable power of attorney in Form V need not be obtained in the case of aid extended in criminal matters.
Scheme31 Crediting the costs recovered
The district committee, or the taluka committee, as the case may be, shall as soon as the costs awarded by the Court to an aided person are recovered, credit it to the funds of the Board in such manner as may be specified by the Board.
Scheme32 Registers to be maintained
The district committees and the taluka committees shall maintain the registers specified in 55. Substituted for the words "the Schedule" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985 [Schedule I].
Scheme32A Power to give instructions
66. Rule 32-A substituted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 The Executive 77. Substituted for the word "Committee" by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [Chairman] may from time to time issue general or special instructions to give effect to the provisions of 88. Substituted for the words "this scheme" by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [this scheme and the Act] and place those instructions before the next meeting of the Board for approval]. 99. Inserted by Notification No. KLAB 22/82(M), dated 13-7-1984, w.e.f. 9-8-1984. [The Board may approve, modify or reject those instructions and the instructions as approved by the Board shall have effect as if they are re provisions of this scheme.]11. Added by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985 [However such modification or rejection shall be without prejudice to the validity of anything previously done under those instructions.]
Scheme33 Repeal and savings
(1)All schemes continued by the Board and in force 22. Substituted for the word "till" by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [on] the date of commencement of this scheme are hereby repealed:
Provided that such repeal shall not affect the previous operation of the repealed schemes.
(2) Notwithstanding anything contained in sub-rule (1) the legal aid centres functioning as on the date of commencement of these rules shall 33. The words "cease to" omitted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983 [x x x x x] function 44. Substituted for the words "on expiry of six months from the date of such commencement" by Notification No. KLAB 22/82(M), dated 14-11-1983, w.e.f. 17-11-1983 [on 30th November, 1983].
APPENDIX 1 KARNATAKA LEGAL AID BOARD
FORM I
[See Rule 18(3)]
KARNATAKA LEGAL AID BOARD
Legal Aid Centre..........................
Register of legal advice by Shri....................Legal practitioner.
SI. No. Date Name and address of the applicant Caste and occupation Income of applicant Nature of the problem and gist of advice given Whether endorsemen t issued to the party Signature of applicant (1) (2) (3) (4) (5) (6) (7) (8)
APPENDIX 2 KARNATAKA LEGAL AID BOARD
FORM II
[See Rule 21(1)]
KARNATAKA LEGAL AID BOARD
(Form of application to be made for legal aid)
To
................... .Committee,
1. Name, age, father's name and address of the applicant 2. Caste 3. Occupation 4. (a) Whether applicant owns any property? (b) If so, details thereof. (i) immovable (ii) movable 5. Yearly income from all sources (to be shown separately in respect of immovable, movable and other property and occupation). 6. Yearly income of the other members of family of the applicant. 7. Full particulars of the aid sought for with the number of proceedings and name of Court or authority 8. (a) Whether legal aid was applied for previously, obtained or refused (b) If so, the particulars thereof. 9. Whether income certificate or declaration is enclosed. 10. Any other particulars which the applicant desires to furnish.
Date:
Place:
APPENDIX 3 KARNATAKA LEGAL AID BOARD
FORM III
[See Rule 24]
KARNATAKA LEGAL AID BOARD
Proceedings of the District/Taluk Legal Aid Committee
Sub: Authorisation to an Advocate to file/appear and defend on behalf of Sri/Smt.
Ref: Application of Sri/Smt. ..for legal aid.
Order No. DLAC/LTAC/./19 (.)
dated..........................19
Sri/Smt...........................Advocate is authorised to appear.. on behalf of the applicant Sri/Smt..................... ..........................). This authorisation is subject to provision of the Act, this scheme and in particular Rule 22(6).]
Smt./Sri..........................is directed to contact the above legal practitioner and to furnish necessary information and documents, if any, required by the legal practitioner.
.The expenditure towards Court fees and other charges as specified in sub-section (4) of Section 2 of the Karnataka Legal Aid Board Act, 1981, that are payable or incurred in the proceedings of the case will be met by the committee.
APPENDIX 4 KARNATAKA LEGAL AID BOARD
FORM IV
[See Rule 30(1)]
KARNATAKA LEGAL AID BOARD
(Form of agreement to be executed by the aided person to reimburse the expenditure
incurred)
This agreement is executed on...........................by.......... ................son/daughter of.......................aged.......... ... years, residing at..........................(hereinafter referred to as the aided person) in favour of Karnataka Legal Aid Board (hereinafter referred to as the Board).
Whereas, the Karnataka Legal Aid Board has through its............ district/taluka, legal aid committee has agreed to grant legal aid to the aided person in accordance with the Karnataka Legal Aid Board Act, 1981 in case No..............in the Court of............./in the.............
Tribunal at
(hereinafter referred to as the proceedings).
Now this deed witnesseth that in consideration of the aforesaid, the aided person hereby covenants and agrees that if the aided person succeeds in the proceedings and becomes entitled to recover from the opposite party assets which yield an income in excess of the income limit prescribed for eligibility for granting aid, by way of.
(a) any money, including costs; or
(b) any other property yielding or capable of yielding any income;
such money or property shall be recovered by him from the opposite party and when so recovered shall be first paid by him to the Karnataka Legal Aid Board to the extent [of the Court costs awarded by the Court] for reimbursing the expenditure incurred by the Karnataka Legal Aid Board for giving him the legal aid.
The aided person further agrees that if he fails to take steps to recover the said sum of money from the opposite party or fails when recovered, to pay the amount payable to the Board, the Board shall be entitled, without prejudice to other remedies open to it to recover the said amount as if the same were arrears of land revenue.
The stamp duty payable on this agreement shall be borne by the Board. In witness whereof the parties have affixed their signature hereunto. Witnesses:
Signature of the aided person
1. On behalf of and under the direction of the Karnataka Legal Aid Board
2. (Person authorised should sign)
APPENDIX 5 KARNATAKA LEGAL AID BOARD
FORM V
[See Rule 30(2)]
KARNATAKA LEGAL AID BOARD
(Form of irrevocable power of attorney executed)
This power of attorney is made this the.................day of................................by Shri/Smt......................son/daughter.............aged.............years residing at............. (hereinafter referred to as the aided person) in favour of the Karnataka Legal Aid Board (hereinafter referred to as the Board).
Whereas, the aided person has been given legal aid in accordance with the Karnataka Legal Aid (District and Taluk Committees) Scheme, 1983 through its.............committee in case No..............in the Court/.............Tribunal at.............(hereinafter referred to as the proceedings).
And whereas, the aided person has separately executed an agreement dated.................................
...................to reimburse the expenditure incurred on the said legal aid [to the extent of the Court costs awarded by the Court.]
And whereas, the aided person has agreed that any decree/or order passed in his favour in the proceedings for recovery of any sum of money, including costs, or other property yielding or capable of yielding any income may be executed by the Karnataka Legal Aid Board.
Now, this Deed witnesseth that the aided person hereby appoints the Karnataka Legal Aid Board as his attorney, in his name and on his behalf.
(i) to execute any decree or order in the proceedings; (ii) to recover the decreed money or property; and
(iii) to appropriate such part of it as is equal to the amount of Court costs awarded by the Court.]
The aided person further agrees to ratify and confirm whatever the Board of Attorney shall lawfully do or cause to be done by virtue of this deed.
The aided person also agrees that this power of attorney shall be irrevocable.
In witness whereof the aided person has signed this deed.
Witnesses Signature of aided person
1.
2.
SCHEDULE 1 SCHEDULE
1. Register of applications for legal aid.
2. Ledger showing expenditure incurred.
3. Register df reimbursement of expenditure.
4. Register of bills of Advocates.
1. Inserted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-19&0.
2. Clause (iii) substituted by Notification No. KLAB 22/82(M), dated 10-11-1983, w.e.f. 17-11-1983.
3. Substituted for the word "Schedule" by Notification No. KLAB 22/82(M), dated 10-1-1985, w.e.f. 11-1-1985.
[See Rule 32]
District/Taluka Legal Aid Committee.............
(Register of Applications for Legal Aid) No............of...................198 ( )
Date of application/presentation:
1.
Name, age, father's name and postal address of the applicant
2.
Caste
3.
(a) Annual income of the applicant (b) Annual income of the members of the family of the applicant
4.
Prayer in brief
5.
How the application was disposed of
6.
Name of the Advocate to whom the legal aid brief is referred.
7.
The number of the proceedings and the name of Court /authority before which legal aid is granted.
8.
Number of the folio of ledger
9.
(a) Whether the case has been disposed of in favour of or against the applicant and the date of disposal.
(b) If decided in favour of the applicant, whether the Court cost has been awarded to the applicant.
(c) The amount of Court cost awarded
10.
Steps taken to recover the Court cost awarded in favour of the applicant and the result.
District/Taluka Legal Aid Committee..........
LEDGER SHOWING EXPENDITURE INCURRED
SI. No... No. of the File...... ...Date of grant of aid.........
Name of the applicant....................
Name of the Advocate authorised....................
Number of the folio of the register of reimbursement....................
Particulars of Expenditure
Date
Voucher No.
Process Fee
Court Fee
Court fee towards certified copies
(1)
(2)
(3)
(4)
(5)
Witness batta
Printing and translation charges
Advocate's fee
Misc.
Total
(6)
(7)
(8)
(9)
(10)
District/Taluka Legal Aid Committee....................
REGISTER OF REIMBURSEMENT OF EXPENDITURE
1. Number of the file
2. Name of the applicant who has been awarded legal aid
3. Name of Advocate who conducted the case
4. Number of folio of ledger showing expenditure incurred
5. Total amount of expenses incurred
6. Amount of costs awarded to the applicant
7. Steps taken to recover the costs
8. Amount recovered with date
9. Date of deposit to the funds of the committee
10. Other particulars
District/Taluka Legal Aid Committee..........
REGISTER OF BILLS OF ADVOCATES
SI. No.
File No.
Date of disposal of the case
Amount of the bill preferred
Date of receipt of the bill
Amount of the bill passed
Date on which Advocate's fee is disbursed
Remarks
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SCHEDULE 2 Subordinate Courts
SCHEDULE [See Rule 22(4)]] SCHEDULE II
[See Rule 22(4)]
Subordinate Courts
A. Civil.
1. Original suits.In original suits Advocates fee shall be calculated on the value of the subject-matter of the suit for determining the jurisdiction of the Court according to the following scales.
(a)
on the first sum of Rs. 5,000
at 10%
(b)
on the next sum of Rs. 5,000
at 71/2%
(c)
on the next sum of Rs. 30,000
at 5%
(d)
on the next sum of Rs. 60,000
at 1%
(e)
on the balance remaining thereafter
at 1/2%.
Provided that the fee allowed in any suit shall be not less than Rs. 100 in the suits prosecuted in the Court of a Munsiff; Rs. 150 in the Court of a Civil Judge and Rs. 200 in the Court of District Judge or City Civil Judge:
Provided further that in suits filed by the Banks for recovery of loans advanced by them the fee payable for an Advocate appearing for the defendant
shall be a fixed fee of Rs. 100 only.
2. Small cause suits.In small cause suits, the Advocates fee shall be 5% of the value of the amount of claim as set forth in the plaint subject to a minimum of Rs. 50/-.
3. Execution Cases.In execution cases, the fee shall be calculated as follows.
(a) On the first application at 50% of the fee calculated at the rates specified in paras 1 and 2 above on the amount of money or value of the relief claimed in the application.
(b) On the subsequent applications the fee shall be calculated at 25% of the fee calculated at the rate specified in paras 1 and 2 above on the amount of money or value of the relief claimed in the application provided the applications are disposed of after contest. No fee shall be payable on the applications which are disposed of without contest.
4. Regular Appeals.In a regular appeal the Advocates' fee shall be calculated at the rate specified in para 1 above on the value of the amount of the subject-matter in dispute in the appeal:
Provided that the minimum of the fee payable shall be Rs. 100._______
5. Execution Appeals.In execution appeals, the Advocate's fee payable shall be Vi of the fee which would have been payable if the appeals were regular appeals.
6. Other proceedings.In other proceedings, the Advocate's fee shall be as fixed by the Court having regard to the time occupied in the hearing of the case and nature of the questions raised with the minimum and maximum, specified hereunder.
Minimum
Maximum
1.
Land acquisition cases
100
500
2.
Matrimonial cases
100
500
3.
Guardians and Wards cases
100
500
4.
Probate and Succession cases
100
500
5.
Insolvency cases
100
500
6.
Arbitration cases
100
500
7.
H.R.C. cases
100
500
8.
Any other original proceedings
100
500
9. Any proceedings not falling under other items a fixed fee of Rs. 100/-per case
10.
Caveat Petitions
25
11.
H.R.C. Appeals
100
500
12.
Miscellaneous Appeals
100
500
7. Half the fee prescribed shall be payable in uncontested cases.
8. The fee for drafting plaints, appeals, written statements, original applications or petitions under different enactments, objections to petitions stated above, shall be Rs. 40/- per case. It shall be in addition to the fee for conducting such cases. No fee shall be paid for drafting interlocutory applications.
9. The fee for legal notice issued to one or more persons in a case shall be Rs. 40/-. It shall be in addition to the actual charges for sending the same through registered post ACKNOWLEDGEMENT DUE.]
B. Criminal.
The following fee shall be payable to the Advocates in each of the cases.
1.
Criminal cases, criminal Miscellaneous cases where matrimonial matter is involved and criminal appeals
Rs. 50/- per day of effective hearing subject to a maximum of Rs. 150/-per case and minimum of Rs. 100/-
2.
Bail Application
Rs. 25/- per application
3.
In revision case
Rs. 75/- per application
4.
(a) In private complaints
Rs. 50 per day of effective hearing subject to a maximum of Rs. 150/-per case and minimum of Rs. 100/-
(b) If it is not registered as a case by the Court
Rs. 50 per case.
(c) for drafting criminal complaints and appeals
Rs. 40 per case]
[C. HIGH COURT]
1. Appeals.(1) In Regular First Appeals and in Regular Second Appeals, the Advocate's fee shall, subject to a minimum of Rs. 200/- be payable on the value of the subject-matter of the appeal as specified for original suits in the Subordinate Courts.
(2) In execution first appeal and in Execution second appeal, the fee payable shall be one third of the fee which would have been payable, if the appeal had been a regular appeal, subject to a minimum of Rs. 100/-.
2. Miscellaneous Appeals.(1) In appeals against interlocutory orders, the fee shall be Rs. ISO/-.
(2) In appeals arising out of different enactments, the fee shall be payable as admissible to cases under which the appeal is filed.
3. Civil Revision Petition.(1) In civil revision petition filed against the decree of the Court of Small Causes, the fee shall be 5% of the amount in dispute subject to the minimum of Rs. ISO/-.
(2) In other civil revision petition, the cases filed against the orders of the authority other than stated in sub-para (1), fee shall be Rs. ISO/-.
4. Other type of cases.The fee in the following cases shall be as specified against each of them.
1.
Civil Petition
Rs. 200/-
2.
Writ Petition
Rs. 200/-
3.
Writ Appeal
Rs. 200/-
4.
Contempt of Court case
Rs. 100/-
5.
Civil Referred Case
Rs. 200/-
6.
Sales Tax Appeal
Rs. 200/-
7.
Tax Revision Cases
Rs. 200/-
8.
SCLAP
Rs. 50-100/-
5. Criminal Appeals.The fee payable shall be Rs. 150 per appeal + Rs. 50 per day where the hearing exceed two days.
6. In the following criminal matters, the fee shall be payable as hereunder.
(a)
Criminal Revision Cases
Rs. 100/-
(b)
Criminal Petitions
Rs. 100/-
(c)
Habeas Corpus petition under Code of Criminal Procedure
Rs. 200/-
7. The fee for drafting memorandum of appeals, petitions, revision cases cross appeals, counters and the like the fee shall be Rs. 40/- per case. No fee shall be paid for drafting interlocutory applications and affidavits. It shall be in addition to fee for conducting such cases.
8. Half the fee prescribed shall be payable in the matters disposed of without hearing on merits or compromised.]
[D. TRIBUNAL]
1. Motor Vehicle Accident Cases.In Motor Vehicle Compensation cases, the Advocate's Fee shall be payable as per the following rates, namely.
Advocate's Fee
1.
If the amount of compensation awarded is Rs. 15.00 or less
Rs. 350
2.
If the amount of compensation awarded exceeds Rs. 15,000 but does not exceed Rs. 30,000
Rs. 350 + 7 1/2% on the amount in excess of Rs. 15,000
3.
If the amount of compensation exceeds Rs. 30,000
Rs. 1,475 + 5% of the amount in excess of Rs. 30,000:
Provided that the total amount of fees payable should not exceed Rs. 3,000.
2. Labour Courts and Industrial Tribunals.Rs. 40 per day of actual hearing subject to a minimum of Rs. 200 and maximum of Rs. 400.
3. Other cases.In cases before all other tribunals 3[including Land Reforms Appellate Authorities], Divisional Commissioners, Deputy Commis sioners and other officers, the Advocate's fee payable shall be Rs. 25/- per day of actual hearing, subject to a minimum and maximum of Rs. 100 and Rs. 200 respectively.
4. Legal Aid Camps.Senior Advocates who attend legal aid camps shall be paid Rs. 75 per day and Junior Advocates who attend legal aid camps shall be paid Rs. 50 per day.
5. Gram Sabha Meetings, Visits to Jails, etc.Advocates attending gram Sabha meetings or attending jails, Police Stations or Juvenile Courts shall be paid Rs. 25 per day in addition to travelling expenses of Rs. 5 if conveyance is not provided.
6. For drafting applications or counter in the matters arising out of item 1 to 3 above, the fee shall be Rs. 40 per case.]
E. GENERAL
The Legal Aid Committees may allow typewriting charges incurred in the Legal Aid matter as per the scales noted hereunder.
(a)
English Typewriting.
(i) Fair copy (Original)
60 ps. per fools' cap size or part thereof.
(ii) for subsequent copies
30 ps. per copy fools' cap
Kannada Typewriting.
(i) Fair copy (Original)
80 ps. per fools' cap size or part thereof.
(ii) for subsequent copies
30 ps. per fools' cap size or part thereof.] |
