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State of Rajasthan - Section

Section 4 in The Rajasthan Legal Aid Rules, 1984

4. Constitution of the Rajasthan Legal Aid Board, its functions and powers.

(1)The State Government shall, by notification in the Official Gazette, establish for the purpose of these Rules, the Rajasthan Legal Aid Board (hereinafter referred to as the Board in this rule).
(2)The Board shall consist of the following members, namely:-
(a)a Chairman, who shall be the Chief Minister of the State or a nominee of the Government during President's rule;
(b)a Co-Chairman, who shall be the Law Minister of the State or a nominee of the Governor during President's rule;
(c)an Executive Chairman who shall be a sitting Judge of the High Court as nominated by the Chief Justice of that Court;
(d)Advocate General of the State;
(e)one member of the Lok Sabha as nominated by the Speaker thereof;
(f)members of the Rajasthan Legislative Assembly not exceeding three in number as nominated by the Speaker thereof;
(g)Chairman of the Bar Council of Rajasthan or a member thereof as nominated by its Chairman;
(h)one member of the High Court Advocates' Association, Jodhpur as nominated by the President thereof;
(i)on member of the High Court Bar Association, Jaipur, as nominated by the President thereof;
(j)one member of the Revenue Board Bar Association, Ajmer, as nominated by the President thereof;
(k)two advocates as nominated from the District Bar Associations by the Executive Chairman of the Board;
(l)Chairman of the Social Welfare Board-ex-officio;
(m)two social workers as nominated by the Executive Chairman of the Board;
(n)Secretary, Finance Department, Government of Rajasthan-ex-officio;
(o)Labour Commissioner, Government of Rajasthan-ex-officio;
(p)Commissioner, Tribal Area Development, Government of Rajasthan-ex-officio;
(q)Secretary, Community Development and Panchayat, Government of Rajasthan-ex-officio;
(r)Director, Social Welfare Department, Government of Rajasthan- ex-officio;
(s)Registrar, Co-operative Societies, Government of Rajasthan-ex-officio; and
(t)Secretary, Law and Judicial Department, Government of Government of Rajasthan-as Member-Secretary-ex-officio;
(3)A nominated member of the Board under sub-rule (2) shall hold office for a period of three years;
(4)A nominated member of the Board shall be disqualified to be a member if he-
(a)becomes of unsound mind;
(b)is adjudicated insolvent;
(c)is absent without leave from the Executive Chairman of the Board for more than three consecutive meetings without reasonable cause; or
(d)is convicted by a criminal court for an offence involving moral turpitude unless such conviction has been set aside; or
(e)has committed breach of trust.
(5)The authority competent to nominate a member to the Board may withdraw the nomination and nominate a fresh member in place of the member withdrawn.
(6)Any member nominated to the Board may resign his office by giving one month's notice in writing to the Executive Chairman of the Board and on such resignation being accepted by the Executive Chairman, such member shall be deemed to have vacated his office.
(7)A casual vacancy in the office of the member may be filled as soon as possible by a fresh nomination by the authority empowered to make such nomination.
(8)No acts done or proceedings taken under these rules by the Board shall be invalid merely by reason of-
(a)any vacancy or defect in the constitution of the Board:
(b)any defect or irregularity in the nomination of any person as a member thereof: or
(c)any defect or irregularity in such act or proceeding not affecting the merits of the case.
(9)The Board shall-
(a)supervise an control all the activities of the High Court Legal Aid Committee and other Legal Aid Committees;
(b)lay down board policy relating to legal aid to eligible persons in the State;
(c)arrange, collect, preserve, manage and utilise the Legal Aid Fund and finances;
(d)allot funds to the High Court Legal Aid Committee and other Legal Aid Committees; and
(e)act as the supervisory body in matters of legal aid in the State.
(10)The member-Secretary of the Board shall have power to open and operate a bank account in any scheduled bank.