Rules

3.The number ,experience and qualifications of other members of the State Authority under clause (c ) of sub-section (2) of section 6.-

  • The State Authority shall have not more than fifteen members.
  • The following shall be the ex-officio members of the State Authority;-
  • “(i) the Chairman, High Court Legal Services Committee;
    (i-a) the Advocate General, Odisha;”
     [inserted vide Odisha Gazette Extraordinary No.927 dated 2.6.2014]
  • Advocate-General, Orissa
  • the Secretary to Government , Finance Department;
  • the Secretary to Government , Law Department;
  • the Director General and inspector-General of Police, Orissa
  • Chairman, Orissa State Commission for Backward Classes;
  • two Chairman of District Authorities , as may be nominated from time to time by the State Government in consultation with the Chief Justice of the High Court.

  • The State Government may nominate, in consultation with the Chief Justice of the High Court other members from amongst those possessing the experience and qualifications prescribed in sub-rule(4).
  • a person shall not be qualified for nomination as a member of the State Authority unless he is-

  • an eminent Social Worker who is engaged in the upliftment of the weaker sections of the people, including scheduled Castes, Schedule Tribes, Women, Children, rural and urban labourers.
  • an eminent person in the field of law, or
  • a person of repute who is specially interested in the implementation of Legal Services Schemes.

4. The Powers and functions of the Member Secretary of the State Authority under sub-section(3) of section 6, the powers and functions of the Member-Secretary of the State Authority, inter alia, shall be:-

  • to give free legal services to the eligible and weaker sections;
  • to work out modalities of the Legal Services Schemes and programmes approved by the State Authority and ensure their effective monitoring and implementation;
  • to exercise the powers in respect of Administrative, Finance and Budget matters as Heads of Department in the State Government ,
  • to manage the properties, records and funds of the State Authority;
  • to maintain true and proper accounts of the State Authority including checking and auditing in respect thereof periodically,
  • to prepare Annual income and Expenditure Account and Balance-Sheet of the said Authority;
  • to liaise with the Social Action Groups and District Authorities and Taluk Legal Services committees,
  • to maintain up-to-date and complete statistical information including progress made in the implementation of various Legal Services programme from time to time;
  • to process proposals for financial assistance and issue Utilization Certificate thereof;
  • to organize various Legal Services Programmes as approved by the State Authority and convene meetings or seminars and workshops connected with Legal Services Programmes and preparation of reports and follow-up action threreon;
  • to produce video or documentary films , publicity material, literature and publications to inform general public about the various aspects of the Legal Services Programmes;
  • to lay stress on the resolution of rural disputes and to take extra measures to draw schemes for effective and meaningful legal services for setting rural disputes at the door-steps of the rural people;
  • to perform such of the functions as are assigned to him under the Schemes formulated under clause (b) of section 4 ; and
  • to perform such other functions as may be expedient for efficient functioning of the State Authority.

5. The terms of office and other conditions relating thereto, of members and Member-Secretary of the State Authority under-sub-section (4) of section 6,-

  • The members of the State Authority nominated under sub-rule (3) of rule 3 by the State Government shall continue for a term of two years and shall be eligible for re-nomination;
  • A member of the State Authority nominated under sub-rule (3) of rule 3 may be removed by the State Government at any time if, in the opinion of the State Government, he is not desirable to continue as a member;
  • If any member nominated under sub- rule(3) of rule 3 ceases to be a member of the State Authority for any reason, the vacancy shall be filled up in the same manner as the original nomination and the persons so nominated shall continue to be a member for the remaining period of the term of the member in whose place he is nominated ;
  • All members nominated under sub-rule (3) of rule 3 shall be entitled to payment of traveling allowance and daily allowance in respect of journeys performed in connection with the work of the State Authority and shall be paid by the State Authority in accordance with the rules as are applicable to the 1 st Grade Officers of the State , as amended from time to time;
  • If the nominated members is a Government employee, he shall be entitled to only one set of traveling allowance and daily allowance either from his parent Department, or, as the case may be, from the State Authority ;
  • The Member-Secretary of the State Authority shall be the whole time employees and shall hold office for a term of three years;
  • In all matters relating to service conditions like age of retirement, pay and allowances, benefits and entitlements and in disciplinary matters, the Member-Secretary shall be governed by the State Government Rules and he shall be on deputation to the State Authority. He shall be entitled to the special pay as admissible to deputationsists belonging to that grade under the Government.

6. The number of officers and other employees of the State Authority under sub-section(5) of section 6,-

The State Authority shall have such number of officers and other employees for rendering secretarial assistance and for its day – to -day functions as are set out in Schedule-A to these rules.

7. The conditions of service and the salary and allowance of officers and other employees of the State Authority under sub-section (6) of section 6,-

  • The officers and other employees of the State Authority shall be entitled to draw pay and allowances in the scale of pay indicated against each post in Schedule-A to these rules;
  • In all matters relating to service conditions like age of retirement, allowances , benefits and entitlements and in disciplinary matters, the officers and other employees of the State Authority shall be governed by the State Government Rules as are applicable to persons holding equivalent posts.

8. The experience and qualification of Secretary of the High Court Legal Services Committee, under sub-section(3) of section 8-A ,-
A person shall not be qualified for appointment as Secretary of the High Court Legal Services Committee, unless he is an officer of the High Court not below the rank of Registrar.

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

  • (1)the High Court Legal Services Committee shall have such number of officers and other employees for rendering secretarial assistance and for its day-to -day functions as are set out in Scheduled-B to these rules.
  • (2)the officers and other employees of the High Court Legal Services Committee shall be entitled to draw pay and allowances in the scale of pay indicated against each post in Schedule-B to these rules:
  • (3)in all matters like age of retirement, allowances benefits and entitlements and in disciplinary matters , the officers and other employees of the High Court Legal Services Committee shall be governed by the State Government Rules as are applicable to persons holding equivalent posts.

10. The number, experience and qualifications of members of the District Authority under clause (b) of sub-section (2) of section 9,-

  • (1)the District Authority shall have not more than eight members;
  • (2)the following shall be the ex-officio members of the District Authority:-
    • (i)District Magistrate;
    • (ii)Superintendent of Police of the district ;
    • (iii)Chief judicial Magistrate of the district; and
      • (iv)District Government Pleader;
  • (3)the State Government may nominate, in consultation with the Chief Justice of the High Court, other members from amongst those possessing the qualifications and experience provided in sub-rule (4);
  • (4)a person shall not be qualified for nominations as a member of the District authority, unless he is,-
    • (a)an eminent Social Worker who is engaged in the upliftment of the weaker sections of the people, including Scheduled Castes, Scheduled Tribes, women, children and rural labourers; or
    • (b)an eminent person in the field of law ; or
    • (c)a person of repute who is specially interested in the implementation of the Legal Services Schemes.

11. The number of officers and other employees of the District Authority under sub-section (5) of section 9,-
The District Authority shall have such number of officers and other employees for rendering secretarial assistance and for its day-to-day functions as are set out in Scheduled-C to these rules.

12. The conditions of service and the salary and allowances of the officers and other employees of the District Authority under sub-section (6) of section 9,-

  • (1)the officers and other employees of the District Authority shall be entitled to draw pay and allowances in the scale of pay indicated against each post in Schedule C to these rules;
  • (2)in all matters relating to service conditions like age of retirement, allowances, benefits and entitlements and in disciplinary matters, the officers and other employees of the District Authority shall be governed by the State Government Rules as are applicable to persons holding equivalent posts.

13. The numbers, experience and qualification of members of the Taluk Legal Services Committee under clause (b) of sub-section (2) of section 11-A ,-

  • (1)The Taluk Legal Services Committee shall have not more than five members.
  • (2)The following shall be the ex-officio members of the Taluk Legal services Committee:-
    (i)Sub-Collector ; and
    (ii)Sub-divisional police officer or where the post of sub-divisional police officer does not exist in any Sub-Division, the Circle Inspector of police or the Inspector of Police, as the case may be, posted in the sub-divisional headquarters.
  • (3)The State Government may nominate, in consultation with the Chief Justice of the High Court, other members from amongst those possessing the qualifications and experience provided in sub-rule(4) .
  • (4)A person shall not be qualified for nomination as a member of the Taluk Legal Services Committee, unless he is:-
    (a)an eminent Social Worker who is engaged in the upliftment of the weaker sections of the people including Scheduled Castes , Scheduled Tribes, women, children and rural labourers; or
    (b)an eminent person in the field of law ; or
    (c)a person of repute who is specially interested in the implementation of the Legal Services Schemes.

14. The number of officers and other employees of the Taluk legal Services Committee under sub-section (3) of section 11-A,-
The Taluk Legal Services Committee shall have such number of officers and other employees for rendering secretarial assistance and for its day to day functions as are set out in Schedule- D to these rules.

15. The conditions of service and the salary and allowances of officers and other employees of the Taluk Legal Services Committee under sub-section (4) of section 11-A,-

  • (1)The officers and other employees of the Taluk legal Services Committee shall be entitled to draw pay and allowances in the scale of pay indicated against each post in Schedule-D to these rules.
  • (2)In all matters relating to service conditions like age of retirement, allowances, benefits and entitlements and in disciplinary matters, the officers and other employees of the Taluk Legal Services Committee shall be governed by the State Government Rules as are applicable to persons holding equivalent posts.

16. The upper limit of annual income of a person entitling him to legal services under clause (h) of section 12, if the case is before a Court, other than the Supreme Court,-
Any citizen of India whose annual income from all sources does not exceed rupees 1[fifty thousand] shall be entitled to legal services under clause (h) of section 12.

17. The experience and qualifications of other persons of Lok Adalats under sub-section (4) of section 19,-

A person shall not be qualified to be included in the Bench of a Lok Adalat, unless he is-

  • (a)an eminent social worker who is engaged in the upliftment of the weaker section of the people including Scheduled Castes, Scheduled Tribes, women, children, rural and urban labourers ; or
  • (b)a lawyer of standing ; or
  • (c)a person of repute who is specially interested in the implementation of the Legal Services Schemes and Programmes.

[Substituted by Orissa Gazette Extraordinary, dated the 1st October, 2005 (No. 1604)]