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-
- 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.
- 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:
- 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.
(1) The State Authority shall constitute a Committee to be called the High Court Legal Services Committee for every High Court, for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the State Authority.
(2) The Committee shall consist of —
- (a) a sitting Judge of the High Court who shall be the Chairman; and
- (b) such number of other Members possessing such experience and qualifications as may be determined by regulations made by the State Authority, to be nominated by the Chief Justice of the High Court.
(3) The Chief Justice of the High Court shall appoint a Secretary to the Committee possessing such experience and qualifications as may be prescribed by the State Government.
(4) The terms of office and other conditions relating thereto, of the Members and Secretary of the Committee shall be such as may be determined by regulations, made by the State Authority.
(5) The Committee may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge of its functions.
(6) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.
3. Number, experience and qualifications of members of the Committee under clause (b) of sub-section (2) of section 8-A of the Act.-
- The Committee shall have not more than eleven members including the Chairman thereof.
- The following shall be ex officio members of the Committee:-
- a sitting Judge of the High Court, (to be nominated by the Chief Justice of the High Court)
- the Chairman, Orissa Administrative Tribunal;
- the President, High Court Bar Association;
- the Chairman, Orissa State Bar Council; and
- the Secretary to the Committee appointed as such by the Chief Justice of the High Court under sub-section (3) of section 8-A of the Act.
- The Chief Justice of the High Court may nominated other members (not exceeding five) from among those possessing the experience and qualification provided in sub-regulation (4).
- A person shall not be qualified for nomination as a member of the Committee, unless he is-
- an eminent Social Worker who is engaged in the up-liftment of the weaker sections of the people, including Scheduled Castes, Scheduled Tribes, women , children , rural and urban labour; or
- an eminent person in the field of law; or
- a person of repute who is specially interested in the implementation of the Legal Services Schemes.
4. Terms of office and other conditions of appointment of members of the Committee-
- The term of office of the members of the Committee nominated under sub-regulation (3) of regulation 3 shall be three years and they shall be eligible for re-nomination.
- A member of the Committee nominated under sub-regulation (3) of regulation 3 may be removed by the Chief Justice of the High Court, if the member-
- fails, without sufficient cause, to attend three consecutive meetings of the Committee; or
- has been adjudged an insolvent ; or
- has been convicted of an offence, which in the opinion of the State Authority , involves moral turpitude ; or
- has become physically or mentally incapable of acting as a member ; or
- has so abused his position as to render his continuance in the Committee prejudicial to the public interest ;
- Provided that no member shall be removed for the Committee without being afforded reasonable opportunity of being heard.
- A member may , by writing under his hand addressed to the Chairman, resign form the Committee and such resignation shall take effect from the date on which it is accepted by the State Authority or on the expiry of thirty days form the date of tendering resignation, whichever is earlier.
- If any member nominated under sub-regulation (3) of regulation 3 ceases to be a member of the Committee for any reason, the vacancy shall be filled up in the same manner as the original nomination and the person so nominated shall continue to be a member for the remaining term of the member in whose place he is nominated.
- Subject to the provisions of sub-regulation (6) all members nominated under sub-regulation (3) of regulation 3 shall be entitled to payment of travelling allowance and daily allowance in respect of journey performed in connection with the work of the Committee and shall be paid by the Committee at the rates admissible to the first grade officers of the State Government under the Orissa Travelling Allowances Rules.
- If a member is a Government employee, he shall be entitled to draw travelling allowance and daily allowance at the rates to which he is entitled to under the Travelling Allowance Rules applicable to him and shall draw from the Department in which he is employed and not from the Committee.
5. Functions of the Committee-
- It shall be the duty of the Committee to give effect to the policy and directions of the State Authority.
- Without prejudice to the generality of the functions referred to in sub-regulation, (1) the Committee shall , for the High Court, in consultation with the Executive Chairman, State Authority, perform all or any of the following functions, namely:-
- Provide legal services to persons who satisfy the criteria laid down under the Act and the Rules;
- conduct Lok Adalats for High Court Cases ; and
- encourage the settlement of disputes by way of negotiations, arbitration and conciliation.
6. Functions of the Secretary-
- The Secretary shall be the custodian of all assets, accounts records and funds placed at the disposal of the Committee and shall work under the supervision and direction of the Chairman of the Committee.
- The Secretary shall maintain or cause to be maintained true and proper accounts of the receipts and disbursements of the funds of the Committee.
- The Secretary shall convene meetings of the Committee with the previous approval of the Chairman and shall be responsible for maintaining a record of the minutes of the proceedings of the meetings.
7. Meetings of the Committee-
- The Committee shall ordinarily meet once a month on such date and at such place as the Secretary may, in consultation with the Chairman, decide.
The Chairman, and in the absence of the Chairman, a person chosen by the members present from amongst themselves shall preside at the meeting of the Committee.
- The procedure at any meeting of the Committee shall be such as the Committee may determine.
- The minutes of the proceedings of each meeting shall be truly and faithfully maintained by the Secretary and such minutes shall be open to inspection at all reasonable times by the members of the Committee. A copy of the minutes shall, as soon as may be after the meeting, be forwarded to the State Authority.
- The quorum for the meeting shall be fixing including the Chairman or the member presiding over the meeting.
- All questions at the meeting of the Committee shall be decided by a majority of the members present and voting and in case of a tie the person presiding shall have a second or casting vote.
- The funds of the Committee shall consist of such amounts as may be allocated and granted to it by the State Authority as also such amounts as may be received by the Committee, form time to time, either by way of donations or by way of costs, charges and expenses recovered from the legal aided persons or the opposite party or other wise.
- The funds of the Committee shall be maintained in a Scheduled Bank.
- For the purpose of meeting, the incidental minor charges such as court fee, stamps and expenditure necessary for obtaining copies of documents , etc., a permanent advance of rupees three thousand shall be placed at the disposal of the Secretary of the Committee.
- All expenditure on legal aid and advice, provision of other legal services as also expenditure necessary for carrying out the various functions of the Committee, shall be met out of the funds for the Committee. Secretary shall operate the bank accounts of the Committee in accordance with the directions of the Chairman.
- The Committee shall cause to be kept and maintained true and correct accounts of all receipts and disbursements and furnish quarterly returns to the state Authority. The accounts of the Committee shall be subject to audit under the Orissa Local Fund Audit Act, 1948, at least once a year, and any expenditure incurred in connection with such audit shall be paid by the Committee.