ADMINIS
UNION TERRITOR
Lad
No.- 01 In exerci
Services Authorities A
Territory of Ladakh L
Regulations.
L
xxxGIDHxxx
xxxGIDExxx
EXTRAORDINARY
ᮧािधकारसेᮧकािशत
PUBLISHED BY AUTHORITY
II- 1
Part II-Section 1
के᭠ᮤ-शािसतᮧदेश लाखᮧशासन
STRATION OF UNION TERRITORY OF LADAK
RY OF LADAKH LEGAL SERVICES
AUTHORITY
Notification
dakh, 2nd March 2021
se of the powers conferred by section 29A of Lega
Act, 1987 (Central Act No.39 of 1987), the Unio
Legal Services Authority hereby makes the followin
लाख,26 , 2021
LADAKH, THURSDAY, AUGUST, 26, 2021
भारतसरकार
GOVERNMENT OF INDIA
KH
al
n
ng
एस.जी.-एल.डी.-अ.-13092021-8
SG-LD-E-13092021-8
THE UNION TERRIOTRY OF LADAKH LEGAL
SERVICES AUTHORITY REGULATIONS, 2021.
CHAPTER I
Preliminary
1.
Short title and commencement.—(I) These regulations may be
called the Union Territory of Ladakh Legal Services Authority
Regulations, 2021.
(2) They shall come into force with effect from the date of their
publication in the official gazette.
2.
Definitions.—(1) In these regulations, unless the context
otherwise requires—
(a)
“Act” means the L e g a l Services Authorities Act, 1987
(Central Act No. 39 of 1987);
(b) “Aided Person” means a person to whom legal service is
provided in accordance with the provisions of the Act, rules
and these regulations
(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)
“District Authority” means the District Legal Services
Authority constituted under section 9 of the Act;
(e) “High Court” means the High Court of Jammu and Kashmir;
(f) “Legal Service” includes rendering of any services in the
conduct of any case or other legal proceedings before any
court or any other authority or tribunal and giving of advice
on any legal matter.
(g)
“Rules” means the Union Territory of Ladakh 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 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)
a n e mi ne n t p e r so n in t he field of l aw o r
pubic 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 the 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
mediation, 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 over 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, a s 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 to 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
the 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 atleast once an 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 9 of the Act, shall act, exercise and
perform the duties of the Secretary of the District Legal Services
Authority.
(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 meetings 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, 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 the Chairman shall preside over 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 9 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 the 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.
Funds of the District Authority. — (1) The funds of the
District Authority established under section 17 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 bank 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
furnish quarterly return to the State Authority. Such accounts shall
be audited in accordance with the provisions of section 18 of the Act.
15.
Secretary of the Tehsil legal Services Committee.—(1)
The Secretary to the Tehsil Legal Services Committee appointed under
sub-rule (2) 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 over 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 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.
Funds, accounts and a u d i t 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 Chairman / Secretary shall operate the bank accounts of
the Committee.
(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 a p p l y mutatis mutandis to the members of
Tehsil Legal Services Committee nominated under clause (b), sub-
section (1) of section 11A 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 :–
(l)
Proceedings wholly or partly in respect of—
(a)
defamations ; or
(b) malicious prosecution ;
(c)
a person proceeded for contempt of court.
(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
seeking 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 a 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 lawyers of the Authority/Committee, as the case may be,
shall gather the necessary particulars from the applicant and prepare
the application on his behalf and 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), (e) 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) The Authority / the 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 in less than five
effecting hearings, 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 counter- signature, 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 22, under the
following circumstances, namely :–
(a) in the event of being found that the aided person
was possessed of sufficient means and the
certificate
of
eligibility
was
obtained
by
misrepresentation 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 ;
(c) 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 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 a s to w h y 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 discontinue
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 has 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
Appointment of Officers and Employees of the Legal Services
Authorities and Committees
26. Appointment of Officers and Employees: (i) Appointment
of Officers and Employees of the Legal Services Authorities and
Committees shall be made by the Chief Justice / Patron-in-Chief on
the basis of recommendations made in that behalf by the Executive
Chairman.
(ii) With a view to achieving the objective as aforesaid in
Regulation 26(i), the Chief Justice / Patron-in-Chief shall frame
Recruitment Rules prescribing the qualifications, mode of recruitment
and the allied matters therein.
27.
Functions of the State Authority.—(1) In addition
to the functions specified in section 7 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 under the prescribed rules/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
initiate disciplinary proceedings against the officers/ employees of the
State Legal Services Authority/ High Court Legal Service
Committee/District Legal Services Authority/Tehsil Legal Services
Committee to any person.
28.
Posting
and
transfers.—In
the
interest
of
administration and smooth functioning of the Authorities/Committees,
the Member Secretary, Legal Services Authority, on approval of the Executive
Chairman, may order within and inter Authorities/Committees such
transfers and postings, as are required from time to time.
29.
The provisions of Employees (Conduct) Rules, Civil
Service (Classification, Control and Appeal) Rules applicable to
government employees of U.T of Ladakh shall apply mutatis
mutandis with respect to the matters covered by the said
rules/regulations to the employees of U. T of Ladakh Legal Services
Authority.
CHAPTER VI
Miscellaneous
30.
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 (6) of section 6, sub-section (6) of section 8-A,
sub-section (6) of section 9 and sub-section (4) of section 11-A of the
Act in so far they are not inconsistent with the Rules.
31.
The State Authority may, in case of absence of
Member- Secretary/Secretary or in emergency authorize 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 :—
A. High Court:
The panel Lawyers may be paid at High Court Level:-
1.
Civil/Criminal W.P, Criminal Appeals, FAOs/RFAs,
Revision (Civil Criminal )
Rs.10,000/- per
case
2.
Bail Applications and parole matters and other
Civil/Criminal Cases not covered at Sr.No.1
Rs. 7,500/-
3.
Charges for drafting of substantive pleadings, applications
and other Miscellaneous Charges:
Rs. 2,500/-
maximum in one
case.
B. STATE / CENTRAL TRIBUNALS
1.
All types of cases
Rs.10,000/-
2.
Drafting of Substantive pleadings, Miscellaneous
applications.
Rs. 2,500/-
maximum in one
case .
C. The Panel Lawyers at Subordinate Courts at all levels including
Tribunals at District level may be paid;-
1.
Sessions Trials
Rs.12,500/- per case
inclusive of all other
expenses.
2.
All other cases
Rs.7500/- inclusive of all
other expenses.
Explanation.—For the purpose of these regulations;—
(1)
“Court of Sub-Division Level/Tehsil 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 &
Sessions Judge, Additional District and Sessions Judge,
District
Collector,
Divisional
Commissioner,
District
Consumer Forum and Labour and Industrial Tribunal.
(3) “High Court Level” means the High Court of Jammu
and Kashmir State Consumer Disputes Redressal Commission,
the Financial Commissioner Revenue (Appeals), Central
Administrative Tribunal and Special Tribunal.
(4) 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.
Member Secretary
****************
FORM A
Application-cum-Affidavit for free Legal Services under Rule 22, Union
Territory of Ladakh Le g a l Services Authorities Rules. 2020 and regulation 21 (2) of
U. T of Ladakh Legal Services A u t h o r i t y Regulations, 2021.
To
Member-Secretary of the State Authority/Secretary of the High Court Legal Services
Committee/Chairman/ Secretary 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 Ladakh
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 vi o le n c e, c as t e 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 impression of the
applicant.
FORM B
(Under Sub-Regulation (3) of Regulation 21)
(i)
T h is is t o certify th a t 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.
Dated: _____________
Place: _____________
Signature with Seal.
LADAKH GAZETTE : EXTRAORDINARY 19
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 to be 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/Committee
The Regulations were adopted today on _____________ by the State Authority.
Member Secretary,
Union Territory of Ladakh Legal Services
Authority.
“No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The
Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal
consequences and also for any other misrepresentation etc.”
PREET PAL
SINGH
2021.08.26 11:
34:35+05'30'
PREET
PAL
SINGH
AJEET KUMAR
SAHU
Digitally signed by AJEET KUMAR SAHU
DN: c=IN, o=JAL SHAKTI DEPARTMENT CIVIL
SECRETARIAT J&K, postalCode=180004,
st=Jammu and Kashmir,
2.5.4.20=d0c59351baaab2420836e056c8095469
52698044a86d7050ca129c55382b649d,
serialNumber=2114d1640d2953cff48d5c1d3227
746a08283332fe1af4d3be779482288adde2,
cn=AJEET KUMAR SAHU
Date: 2021.09.13 12:04:12 +05'30'