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State of Jammu-Kashmir - Act

The Jammu and Kashmir State Legal Services Authority Regulations, 1998

JAMMU & KASHMIR
India

The Jammu and Kashmir State Legal Services Authority Regulations, 1998

Rule THE-JAMMU-AND-KASHMIR-STATE-LEGAL-SERVICES-AUTHORITY-REGULATIONS-1998 of 1998

Published on 17 April 1998
Commenced on 17 April 1998
[This is the version of this document from 17 April 1998.]
[Note: The original publication document is not available and this content could not be verified.]

The Jammu and Kashmir State Legal Services Authority Regulations, 1998Published vide Notification No. 03-SLSA of 1998, 17.4.1998J&K State Legal Services AuthorityNotification No. 03-SLSA of 1998. - In exercise of the powers conferred by section 27 of J&K Legal Services Authorities Act, 1997, the State Legal Services Authority hereby makes the following Regulations.

Chapter I
Preliminary

1. Short title and commencement.

(1)These regulations may be called the Jammu and Kashmir State Legal Services Authority Regulations, 1998.

(2)They shall come into force at once.

2. Definitions.

(1)In these regulations, unless the context otherwise requires-

(a)"Act" means the Jammu and Kashmir Legal Services Authorities Act, 1997 (XXXIII of 1997) ;

(b)"District Authority" means the District Legal Authority constituted under section 7 of the Act ;

(c)"Committee" means in relation to the High Court, the High Court Legal Services Committee and in relation to the Tehsil, the Tehsil Legal Services Committee ;

(d)"High Court" means the High Court of Jammu and Kashmir ;

(e)"Rules" means the Jammu and Kashmir State Legal Services Authority Rules, framed under the Act.

(2)All other words and expressions used in these regulations, but not defined, shall have the same meanings as are assigned to them in the Act or the rules framed thereunder.

Chapter II
High Court Legal Services Committee

3. Number, experience and qualification of member of the High Court Legal Services Committee.

(1)The High Court Legal Services Committee shall, including Chairman and Member-Secretary, have not more than seven members to be nominated by the Chief Justice.

(2)A person shall not be qualified for nomination as a member of the High Court 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, Rural and Urban Labour ; or.

(b)an eminent person in the field of law or public administration ; or

(c)a person of repute who is specially interested in the implementation of the Legal Services Schemes.

4. Term of office and other conditions of appointment of the High Court Legal Services Committee.

(1)The term of office of the members of the High Court Legal Services Committee nominated under regulation 3 by the Chief Justice shall be two years and they shall be eligible for re-nominations.

(2)A member of the High Court Legal Services Committee under regulation 3 may be removed by the Chief Justice of the High Court, if-

(a)he fails, without sufficient cause, to attend three consecutive meetings of the High Court Legal Services Committee ;

(b)has been adjudged as insolvent ; or

(c)has been convicted of an offence, which in the opinion of the State Authority involves moral turpitude ; or

(d)has become physically or mentally incapable of acting as a member ; or

(e)has so abused his position as to render his continuance in the High Court Legal Services Committee, without prejudicial to the public interest :

Provided that, no member shall be removed from the High Court Legal Services Committee, without affording him reasonable opportunity of being heard.

(3)A member may by writing under his hand addressed to the Chairman, resign from the High Court Legal Services Committee and such resignation shall take effect from the date on which it is accepted by the Chief Justice or on the expiry of 30 days from the date of tendering resignation, whichever is earlier.

(4)If any member nominated under regulation 3 ceases to be member of the High Court Legal Services 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.

(5)Subject to the provisions of sub-regulation (6) all members nominated under regulation 3 shall be entitled to payments of travelling allowance and daily allowance in respect of journeys performed in connection with the work of the High Court Legal Services Committee and shall be paid by the High Court Legal Services Committee in accordance with the rules as are applicable to the Class I Officers of the Government as amended from time to time.

(6)If a member is a Government employee, he shall be entitled to draw the travelling allowance and daily allowance at the rates to which he is entitled to under the service rules applicable to him and shall draw from the department, in which he is employed and not from the State Authority.

5. Functions of High Court Legal Services Committee.

(1)It shall be the duty of the High Court Legal Services Committee to give effect to the policy and directions of the State Authority.

(2)Without prejudice to the generality of the functions referred to in sub-regulation (1) the Committee shall, perform all or any of the following functions for the High Court, namely :-

(a)provide legal services to persons who satisfy the criteria laid down under the Act and the rules framed thereunder ;

(b)conduct Lok Adalats for High Court cases ; and

(c)encourage the settlement of disputes by way of negotiations, arbitration and conciliation.

6. Functions of the Secretary.

(1)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 directions of the Chairman of the Committee.

(2)The Secretary shall maintain or cause to be maintained true and proper accounts of the receipts and disbursement of the funds of the Committee.

(3)The Secretary shall convene meetings of the Committee with the previous approval of the Chairman and shall also attend meetings and shall be responsible for maintaining a record of the minutes of the proceedings of the meetings.

7. Meetings of the Committee.

(1)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.

(2)The Chairman, and in the absence of the Chairman a member nominated by him shall preside at the meeting of the committee.

(3)The procedure at any meeting of the Committee shall be such as the Committee may determine.

(4)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.

(5)The quorum for the meeting shall be four, including the Chairman or the member presiding over the meeting.

(6)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.

8. Funds accounts and audit of the Committee.

(1)The funds of the Committee shall consist of such amounts as may be allocated and granted it by the State Authority as also such amounts as may be received by the Committee from time to time either by way of donations or by way of costs, charges and expenses recovered from tile legal aided persons or the opposite party or otherwise.

(2)The funds of the Committee shall be maintained in a Scheduled Bank.

(3)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 five thousand shall be placed at the disposal of the Secretary of the Committee.

(4)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 of the Committee. Secretary shall operate the bank accounts of the Committee in accordance with the directions of the Chairman.

(5)The Committee shall cause to be kept and maintain true and correct accounts of all receipts and disbursements and furnish quarterly returns to the State Authority. The records shall be maintained in accordance with the provisions of the Financial Code. The accounts of the Committee shall be audited by the Local Audit Department at least once a year and any expenditure incurred in connection with such audit shall be paid by the Committee.

Chapter III
District Legal Services Authorities and Tehsil Legal Services Committees.

9. Secretary District Legal Services Authority.

(1)The Secretary of the District Legal Services Authority appointed under sub-section (3) of section 7 of the Act, shall act, exercise and perform the duties of the Secretary of the District Legal Services Authority in addition to the duties to be discharged by him as a Judicial Officer and for the discharge of his additional duties he may be paid an honorarium as may be fixed from time to time by the State Authority in consultation with the State Government.

(2)The Secretary of the District Authority shall be custodian of all assets, accounts, records and funds placed at the disposal of the District Authority.

(3)The Secretary shall maintain or cause to be maintained true and proper accounts of the receipts and disbursement, of the funds of the District Authority.

(4)The Secretary shall convene meetings of the District Authority with the previous approval of the Chairman and shall also attend meeting, and shall be responsible for maintaining a record of the minutes of the proceeding of the meetings.

10. Meeting of the District Authority.

(1)The District Authority shall ordinarily meet once a month on such date, as such place, as the Secretary may, in consultation with the Chairman decide.

(2)The Chairman, and in the, absence of the Chairman, a member nominated by the Chairman shall preside at the 'meeting of the District Authority.

(3)The procedure at any meeting of the District Authority shall be such as the District Authority may determine.

(4)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 District Authority. A copy of the minutes shall as soon as may, be, after the meeting be forwarded to the Chairman of the District Authority and the Member Secretary of the State Authority.

(5)The quorum for the meeting shall be three including the Chairman or the member presiding over the meeting.

(6)All questions at the meeting of the District Authority shall be decided by a majority of the members present and voting and in a case of a tie, the person presiding shall have second or casting vote.

11. The term of office and other conditions of members of the District Authority.

- The term of office of the members nominated under clause (b) sub-section (2) of section 7 of the Act, to the District Authority, shall be for two years, and they shall be eligible for re-nomination.

12.

Subject to the regulation 13, all nominated members of the District Authority shall be entitled to payment of travelling allowance and daily allowance in respect of journeys performed in connection with the District Authority and shall be paid by the District Authority in accordance with the rules as are applicable to Class II Officers of the Government as amended from time to time.

13.

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 under the Services Rules applicable to him and shall draw from the department in which he is employed, and not from the District Authority.

14. Fund of the District Authority.

(1)The funds of the District Authority established under section 16 of the Act, shall be maintained in a Scheduled Bank.

(2)For the purpose of meeting, the incidental minor charges such as court fee, stamps and expenditure necessary for obtaining copies of the documents etc., a permanent advance of rupees three thousand shall be placed at the disposal of the Secretary of the District Authority.

(3)All expenditure on legal aid and advice, provisions of other legal services as also expenditure necessary for carrying out the various functions of the District Authority, shall be met out of the funds of the District Authority and in accordance with such/rules as may be made by the District Authority with the prior approval of the State Authority.

(4)The Secretary shall operate the hank accounts of the District Authority.

(5)The District Authority shall cause to be kept and maintained true and correct accounts of all receipts and disbursements and furnished quarterly return to the State Authority. Such accounts shall be audited in accordance with the provisions of section 17 of the Act.

15. Secretary of the Tehsil legal Services Committee.

(1)The Secretary to the Tehsil Legal Services Committee appointed under sub-rule (3) of the rule 16 shall be part time Officer and for the discharge of the additional duties shall be paid honorarium as may be fixed from time to time by the-State Authority in consultation with State Government.

(2)The Secretary shall be the custodian of all assets, accounts records and funds.

(3)The Secretary shall maintain or cause to be maintained true and proper accounts of the receipts and disbursement of funds of the Tehsil Committee.

(4)The Secretary shall, with the pervious approval of the Chairman, convene meetings of the Tehsil Committee and shall also attend meetings and shall be responsible for maintaining a record of the minutes of the proceedings of the meetings.

16. Meetings of Tehsil Committee.

(1)The Tehsil Committee shall ordinarily meet once a month on such date, at such place, as the Chairman may decide.

(2)The Chairman, and in the absence of the Chairman, a member nominated by the Chairman shall preside at the meeting of the Tehsil Committee.

(3)The procedure at any meeting of the Tehsil Legal Services Committee shall be such as the Tehsil Committee may determine.

(4)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 time by the members of the Tehsil Committee. A copy of the minutes shall, as soon as may be, after the meeting, be forwarded to the District Authority as well as State Authority.

(5)The quorum of the meeting shall be three including the Chairman or the member presiding over the meeting.

(6)All questions at the meeting of the Tehsil Committee shall be decided by the majority of the members present and voting and in case of a tie, the person presiding shall have a second or casting vote.

17. Fund, accounts and unit of the Tehsil Legal Services Committee.

(1)The funds of the Tehsil Committee shall consist of such amounts as may be allocated and granted to it by the State Authority as also such amount as may be received by the Committee from 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 otherwise.

(2)The funds of the Tehsil Committee shall be maintained in a Scheduled Bank.

(3)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 two thousand shall be placed at the disposal of the Secretary of the Tehsil Committee.

(4)All expenditure on legal aid and advice, provisions of other legal services as also expenditure necessary for carrying out the various functions of the Tehsil Committee shall be met out of the funds of the Tehsil Committee.

(5)The Secretary shall operate the bank accounts of the Committee in accordance with the directions of the Chairman.

(6)The Tehsil Committee shall cause to be kept and maintain true and correct accounts of all receipts and disbursements and furnish quarterly returns to the State Authority. The accounts of the Tehsil Committee shall be audited by the Local Audit Department at least once a year and any expenditure incurred in connection with such audit shall be paid by the Tehsil Committee.

18. Term of office and other conditions of members of Tehsil Legal Services Committee.

- The provisions of regulations 11, 12 and 13 shall apply mutatis mutandis to the members of Tehsil Legal Services Committee nominated under clause (b), sub-section (1) of section 10 of the Act.

Chapter IV
Legal Aid.

19. Criteria for giving legal services.

- In addition to the persons described in section 12 of the Act, the Legal Services Committee or Authority may grant legal aid :-

(i)in a case of great public importance ; or

(ii)in a test case, the decision of which is likely to affect cases of numerous other persons belonging to the weaker sections of the community ; or

(iii)in any case, which for reasons to be recorded in writing, is, considered by the Chairman to be deserving of legal aid even where the main test is not satisfied.

20. Legal aid not to be given in certain cases.

- Legal aid shall not be given in the following cases, namely :-

(1)Proceedings wholly or partly in respect of-

(a)defamations ; or

(b)malicious prosecution ;

(c)a person charged with contempt of court- proceedings.

(2)Proceedings in relation to any elections ;

(3)Proceedings incidental to any proceedings referred to in items (1) and (2) ;

(4)Proceedings in respect' of economic offences and offences against social laws :Provided that the Chairman may in appropriate cases grant legal aid even in such proceedings for reasons to be recorded in writing.

(5)Where a person seeking legal aid-

(a)is concerned with the proceedings only in official capacity ; or

(b)if a formal party to the proceedings, not materially concerned in the outcome of the proceedings and his interests are not likely to be prejudiced on account of the absence of proper representation.

21. Application for legal aid or advice.

(1)Any person during legal aid or advice may make an application-cum-affidavit addressed to the Secretary to the Authority/Committee. But if the applicant is illiterate or not in position to fill in the particulars required in the application the Secretary or any other officer of the Committee or any legal practitioner whose name appears on the panel of legal aid lawyer of the Authority/Committee as the case may be shall gather the necessary particulars from the applicant and prepare the application on his-behalf sand after reading it out and explaining it to him obtain his signature or thumb mark on it.

(2)The application-cum-affidavit should be in the form annexed as "Form A".

(3)The application-cum-affidavit shall be accompanied with a certificate of the competent authority who for the purpose of clauses (a), (b), (c), and (f) of section 12 of the Act shall be Tehsildar/any Gazetted Officer, for the purpose of clause (d) Medical Officer and for purposes of clause (g) of the section 12 shall be incharge of the custody and Superintendent Hospital, Nursing Home respectively. The certificate shall be in "Form B" annexed herewith or in the form prescribed under relevant rules governing that particular category.

22. Certificate of eligibility.

(1)Where an application for legal aid or advice is allowed the Secretary of the Authority/Committee shall issue a certificate of eligibility to the applicant entitling him to legal aid or advice in respect of the proceedings concerned. The certificate shall be in shape of "Form C" annexed herewith.

(2)In case the legal aid is withdrawn, the lawyer to whom the case is assigned and the court/tribunal before which the case is pending shall be informed accordingly in writing.

23. Honorarium payable to legal practitioner on the panel.

(1)Subject to the approval of the Executive Chairman of the State Authority/ Legal Service Committee shall prepare a panel of legal practitioners who are prepared to represent or prosecute the cases on behalf of the legal aided persons under these regulations. The legal practitioners on the panel shall be paid honorarium as set out in the Schedule.Provided that where the matter is disposed of is less than five effecting bearings, the fee payable shall be 1/3 of the fee prescribed in the Schedule.

(2)No legal practitioner to whom any case is assigned either for legal advice or for legal aid shall receive any fee or remuneration whether in cash or in kind or any other advantage monetary or otherwise from the aided person or from any other person on his behalf.

(3)The legal practitioner on the panel, who has completed his assignment shall submit a statement showing the honorarium due to him in connection with the legal proceeding conducted by him on behalf of the legally aided persons, to the Secretary of the Authority/ Committee who shall, with the approval of the Chairman and after the scrutiny and countersignature, place the same before the Authority/Committee for sanction and on such sanction being given by the Authority/Committee the amount shall be paid by the Secretary to the legal practitioner. The legal practitioner, may, however, waive the honorarium in whole or part.

24. Cancellation of Certificate of Eligibility.

- The Authority/Committee may either on its motion or otherwise cancel the certificate of' eligibility granted under regulation 18 of the following circumstances, namely :-(a)in the event of being found that the aided person was possessed of sufficient means of the certificate of eligibility was obtained by mispronunciation or fraud ;(b)in the event of any material change in the circumstances of the aided' person ;(c)in the event of any misconduct, misdemeanor or negligence on the part of' the aided person in the course of receiving legal aid ;(d)in the event of the aided person not co-operating with the Committee/Authority or with legal practitioner assigned by the Committee/ Authority ;(e)in the event of the aided person engaging a legal practitioner other than the one assigned by the Committee/Authority ;(f)in the event of death of the aided person except in case of civil proceedings where the right of liability survives ;(g)a report has been received from the advocate as assigned to the legally aided person that the legally aided person is not co-operating with the advocate and such report has been verified by the Chairman of the Legal Services Committee/Authority :Provided that, no such certificate of eligibility shall be cancelled without giving due notice thereof to the aided person or to his legal representatives in the event of his death, to show cause as to why the certificate should not be cancelled.

(2)Where the certificate of eligibility is cancelled on the ground set out in clause (a) above, the Authority Committee shall dissention legal aid allowed and shall be entitled to recover from the aided person the amount of legal aid granted to him.

25. Proceedings by the Chairman in most urgent cases.

- Notwithstanding anything to the contrary contained in these regulations, in case the Chairman of any Committee/Authority is of opinion that such a situation as arisen wherein immediate action is required to be taken, or there is no possibility of immediate convening the meeting of the Committee/Authority, then he may, in anticipation of the approval of the Committee/Authority concerned, take such action as he may deem fit, and thereafter he shall as soon as possible send a report of his action so taken to the Committee/ Authority concerned.

Chapter V
Officers and Employees of the Legal Services Authorities and Committees.

26. Cadre.

- The Cadre means cadre of Legal Services Authorities/ Committees and it shall consist of such permanent and temporary posts as stand sanctioned on the day the Act came in to force, and such number of them as may be sanctioned by the Government in consultation with Hon'ble Chief Justice of High Court after the commencement of the Act.

27.

Service means J&K Legal Services Authorities/Committees Service.

28. Method of recruitment.

- Appointment to the service shall be as under :-

(a)by direct recruitment ; or

(b)by promotion from cadre of class ; or

(c)partly by direct recruitment and partly by promotion ; or

(d)by deputation ; or

(e)by transfer from other service.

29.

(1)There shall be a Recruitment Board for making selection of the person to be appointed to the service of J&K Legal Services Authorities/ Committees

(2)The Board shall consist of a Chairman and such number of persons as members as may be prescribed and nominated by the Chief Justice from time to time. Chief Justice may nominate any of the members as its Member-Secretary.

(3)Executive Chairman of the State Legal-Services Authority shall be the Ex-officio Chairman of the Board.

(4)The Board shall adopt the method for making recruitment from time to time as it may think fit and as may be necessary for each such selection.

(5)State Legal Services Authority, High Court Legal Services Committee, District Legal Services Authority and Tehsil Legal Services Committee may refer all vacancies to the Board for making recruitment. All appointments to be made by the authority shall be from the merit list prepared by such Board.After clause (5) of Regulation 29, the following shall be added as clause (6).-

(6)[ Notwithstanding anything contained in clauses (1) to (5), the posts in the service which are to be filled up by direct recruitment shall be referred to the Jammu and Kashmir Service Selection Board for selection.] [Notification No. 01 of SLSA of 2012 Dated 27-04-2012.]

30. Functions of the State Authority.

(1)In addition to the functions specified in-section 4 of the Act the State Authority shall exercise supervision and control including the disciplinary control over the employees of the State Legal Services Authority, High Court Legal Services Committee, District Authority and Tehsil Legal Services Committees and prescribe regulations for effecting such control.

(2)The State Authority shall exercise the supervision and control as mentioned in clause (1) through its Executive Chairman.

(3)Executive Chairman may in consultation with the Chief Justice delegate powers of supervision and control including power to any person initiate disciplinary proceedings against the officers/ employees of the State Legal Services Authority, High Court Legal Service Committee.

31. Posting and transfers.

- In the interest of administration and smooth functioning of the Authorities/Committees, the Executive Chairman of the State Authority may order within and inter Authorities/Committees such transfers and postings, as are required from time to time.

32.

The provisions of Jammu and Kashmir Employees (Conduct) Rules, 1971 and Jammu and Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956 shall apply mutatis mutandis with respect to the matters covered by the said rules so far as they are not expressly by these regulations.

Chapter VI
Miscellaneous

33.

Without prejudice to the powers of the Government to frame Rules regarding entitlement to Salary, Allowance and other conditions of services of the officers and the employees of the Authorities and Committees, these regulations shall be read supplemental to the Rules framed or to be framed by Government under sub-section (5) of section 3, sub-section (6) of section 6, sub-section (6) of section 7 and sub-section (4) of section 10 of the Act in so far they are not inconsistent with the Rules.

34.

The State Authority may, in case of absence of Member- Secretary/Secretary or in emergency authorise any Officer of the Legal Services Authorities/Committees to discharge functions of the Member-Secretary /Secretary of a particular Authority Committee.

Schedule

Advocates engaged out of the panel as prepared for defending/protecting legal interest of a person granted free aid shall be entitled to the fee as under :-

1. Rs. 950/- per case in any court at Tehsil Level/Sub-Divisional Level ;

2. Rs. 1350/- per case at District Level ;

3. Rs. 3500/- per case at the High Court Level ;

Explanation. - For the purpose of these regulations ;-

(1)"Court of Sub-Division Level/tehsil I Level" means the Court of Chief Judicial Magistrate, Sub-Judge, Judicial Magistrate, Court of Assistant Commissioner 1st Grade, Sub-Divisional Collector, Sub Divisional Magistrate, Tehsildar;

(2)"District Level Court" shall mean the Court of District Judge and Sessions Judge, Additional District and Sessions Judge, and includes District Collector, Divisional Commissioner, District Consumer Forum established under the Consumer Protection Act, 1987 and Labour and Industrial Tribunal, set up under the Industrial Disputes Act, 1947 ;

(3)"High Court Level" means the High Court of Jammu and Kashmir State Consumer Forum, established under Consumer Protection Act, 1987, the Financial Commissioner Revenue (Appeals) and J&K Special Tribunal.II. Fee payable to a panel lawyer under these regulations shall be made in three installments as under :-

(i)1/3rd of the fee, on engagement of the lawyer, payable after first hearing of the case ;

(ii)1/3rd of the fee payable after 5th effective hearing of case ;

(iii)remaining 1/3rd of the fee, payable after the final decision of the case.

Form AApplication-cum-Affidavit for fee- Legal Services under Rule 22, Jammu and Kashmir legal Services Authorities Rules. 1998 and Sub-regulation (2) (21) of J&K Legal Services Authority Regulations 1998.ToMember-Secretary of the State Authority/Secretary of the High Court Legal Services Committee/Chairman of District Authority Tehsil Legal Services Committee___________________________(Strike out which is not applicable)

1. Name of the applicant (Capital Letters)________________________

2. Name of the father/husband/guardian/next friend__________

3. Place of residence village/city_________________________

Tehsil___________________________________________District_________________________________________P. O.____________________________________________

4. Occupation of the applicant__________________________

5. Whether permanent resident of J&K State/Non-State Subject_____________________________

6. (a) Whether applicant is a member of Scheduled Caste/Scheduled Tribe or OBC________________________________________

(b)a victim of trafficking in human being or beggar referred to in Art. 23 of the Constitution__________________________________

(c)a woman/child________________________________

(d)a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster______________________________________

(e)an Industrial workman____________________________

(f)in custody, including custody in a protected home within meaning clause-of section 2 of Immoral Traffic (Prevention) Act, 1956 : or in psychiatric hospital/nursing home__________________________________________________________

(g)belongs to any other category/class which may entitle him/her to claim free legal service____________________________________________________________________________

Note : - Attach the certificate from prescribed authority, for belonging to the particular category, against which legal service is claimed

7. Whether you have received any legal service prior to this application from the authority/committee_________________

8. Whether you have to institute a fresh case, if so, state the name of Court/Tribunal where the case is to be instituted giving the brief facts of the case_____________________ (use separate sheet for giving facts)

9. Whether case is pending, if so, state :

(a)Name of the Court/Tribunal where case is pending (attach a certificate from the concerned Court/Tribunal)________

(b)The Stage of legal proceeding_________________________

(c)Nature of the case giving the brief facts of the case (use separate sheet for giving facts)_______

Date________________Place_______________Signature/Thumb impressionof the applicant.Form B(Under Sub-Regulation (2) of Regulation 21)

(i)This is to certify that I am personally satisfied that Shri/ Smt.________________________________________ son/daughter/ widow/wife of Shri____________________________________________ R/o Tehsil_____________________District___________________belongs to__________________________category/is a victim of natural calamity like_______________________

(ii)That Shri/Smt.____________________________________son/ daughter/widow of Shri _________________________________________ R/o ___________________________Tehsil________________________ District_________________ suffering from_______________________is physically handicapped________________________________________

(iii)That Shri/Smt.___________________________________son/ daughter/widow of Shri _________________________________________ R/o_________________________Tehsil__________________________ District_________________________is in custody/protected home.

Note : - Strike out which is not applicable.Date____________Place___________Signature with Seal.Form C(Under Regulation 22)To be filled in by the Secretary of the Authority/Committee

(i)That Shri________________________________________son/ daughter/widow/wife of Shri_____________________________________ R/o___________________________Tehsil________________________ District________________________has applied for legal service. His/her case was found in genuine. Counsel Shri ._________________________is engaged on behalf of the :

(ii)Legal aid is given in favour of Shri________________________ son/daughter/widow/wife of Shri _________________________________ R/o ________________________Tehsil____________________________ District_____________________________

Note : - Strike out which is not applicable.Date_______________Place ______________Authority/CommitteeThe Regulations were adopted today on 16-04-1998 by the State Authority.

(Sd)...............................

Under Secretary,J&K State Legal Services Authority.

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State of Jammu-Kashmir - Act