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State of Himachal Pradesh - Section

Section 15 in Himachal Pradesh State Legal Services Authority Regulations, 1996

15. Criteria for giving legal services.

- Every person who has to file or defend a case shall be entitled to legal services if that person is :-
(a)a member of a Scheduled Caste or Scheduled Tribes;
(b)a victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitutions;
(c)a women or a child;
(d)a mentally ill or otherwise disabled person;
(e)a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
(f)an industrial workman; or
(g)in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a juvenile home within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 or in a psychiatric nursing home within the meaning of clause (g), of section 2 of the Mental Health Act, 1987; or
(gg)Transgender people and Senior citizens who attain the age of 60 years and above whose annual income is less than two lakh rupees per annum.
(h)in receipt of annual income less than rupees one lakh or other higher amount as may be fixed under rule 17 of the Himachal Pradesh Legal Services Authority Rules, 1995;
(i)[ HIV positive persons or AIDS patients] [Added by Notification No. 9-LSA/Regulation/96, dated 29.3.2017]
Provided that 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 means test is not satisfied.