The Tamil Nadu Taluk Legal Services Committee Rules, 1997

In exercise of the powers conferred by section 28 of the Legal Services Authorities Act, 1987 (Central Act 39 of 1987), the Governor of Tamil Nadu, in consultation with the Chief Justice, High Court, Madras hereby makes the following rules:-

Rules

1. Short title and commencement:- These rules may be called the Tamil Nadu Taluk Legal Services Committee Rules, 1997.

2. Definitions:- In these rules, unless the context otherwise requires:-

(a) "Act" means the Legal Services Authorities Act, 1987 (Central Act 39 of 1987);

(b) "Chairman" means the Chairman of the Taluk Legal Services Committee;

(c) "Government" means the State Government;

(d) "Taluk Legal Services Committee" means the Taluk Legal Services Committee constituted under section 11A of the Act for each Taluk;

(e) all other words and expressions used in these rules, but not defined shall have the meanings respectively assigned to them in the Act.

3. Composition of the Taluk Legal Service Committee.- Every Taluk Legal Services Committee shall consist of.-

(a) "the Senior Civil Judge operating within the jurisdiction of the Taluk Legal Services committee concerned shall be the ex-officio Chairman of such committee.

(b) The Taluk Legal services Committee shall have not more than five persons as members to be nominated by the Government in consultation with the Chief Justice of High court, Madras in addition to the Chairman and among them, the following shall be nominated as ex-officio members of the Taluk Legal Services committee:-

(i) Judicial Magistrate of that area or senior most among them, if there are more than one;

(ii) An Inspector of police of that area;

(iii) president of the Bar Association of the place where the Court of the Civil Judge (Senior Division) is situated;

(c) The Government, in consultation with the Hon'ble the Chief Justice, High Court, Madras* nominate two other persons as member from amongst those possessing the qualification and experience prescribed in rule 4;

4. Qualification and experience of members of the "Taluk Legal Services Committee:- A person shall not be qualified for nomination as a member of the Taluk Legal Services Committee unless he is,

  1. 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

  2. an eminent person in the field of Law by name or ex-officio: or

  3. a person of repute who is specially interested in the implementation of the Legal Services Schemes.

5. Officers and other employees of the Taluk Legal Services Committee:-

The Taluk Legal Services Committee shall have such class and number of officers and other employees for rendering assistance and for its day-to-day functions as may be sanctioned by the Government, in consultation with the Hon'ble the Chief Justice.

6. Conditions of service and the salary and allowances of officers and other employees of the Taluk Legal Services Committees:-

The officers and other employees of the Taluk Legal Services Committee shall be entitled to draw pay and allowances at par with the officers and staff holding equivalent posts in the Judicial Department of the Government of Tamil Nadu.

The officers and other employees of the Taluk Legal Services Committee shall be governed by the rules as are applicable to persons holding equivalent posts in the Judicial Department of the Government of Tamil Nadu. They shall also be entitled to such other facilities, allowances, and benefits as may be sanctioned by the Government from time to time.

The Chairman of the Taluk Legal Services Committee shall be entitled to an honorarium of a sum of Rupees four hundred per month in addition to the usual pay and allowances.

7. The Experience and Qualifications of persons of the Lok Adalat referred to in sub section (4) of Section 19 of the Act organised by the Taluk Legal Services Committee.

A person shall not be qualified to be included in the Lok Adalat organised by the Taluk Legal Services Committee unless he is:-

  1. a Senior Counsel or a Lawyer of standing;

  2. a Senior Officer of the Government;

  3. a person of repute who is specially interested in the implementation of Legal Services Schemes and programmes.

  4. an eminent social worker who is engaged in the upliftment of the weaker sections of the society; or

  5. a medical or any other expert as deemed fit, by the Taluk Legal Services Committee