Section 7 in National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010
7. [ Scrutiny and evaluation of the application for free legal services. [Substituted by Notification F. No. L/61/10/NALSA, dated 22.10.2018 (w.e.f. 9.9.2010).]
(1)The application for legal services, for eligibility of the applicant and existence of a prima facie case to prosecute or to defend, shall be scrutinised by the Member-Secretary or Secretary, as the case may be, or any officer, deputed by him:Provided that a defendant in a civil case and an accused or a convict in a criminal case shall be deemed to have prima facie case to defend or to file an appeal against his conviction and sentence:Provided further that in case, there is some difficulty to determine the prima facie case to prosecute, the Member-Secretary or Secretary may for this purpose, seek opinion from a panel lawyer having more than seven years standing at the Bar:Provided further that in case of the Supreme Court Legal Services Committee, the Secretary shall seek opinion from an Advocate having more than fifteen years standing at the Bar.(2)A decision on application for legal services shall be taken immediately, but not more than seven days from the date of receipt of the application.(3)If the applicant is not covered under the categories mentioned in section 12, he or she shall be advised to seek assistance from any other body or person rendering free legal services either voluntarily or under any other scheme.(4)The Legal Services Institution shall maintain a list of such agencies, institutions or persons who have expressed willingness to render free legal services.(5)Any person aggrieved by the decision or order of the Member-Secretary or the Secretary, as the case may be, he may prefer appeal to the Executive Chairman or Chairman of the Legal Services Institution and the decision or order in appeal shall be final.(6)In case the Member-Secretary or Secretary of the Legal Services Institution decides to provide legal services through a panel lawyer, the choice of the panel lawyer, if expressed by the applicant, may be considered.]
