1. Functions of the State Authority.
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It shall be the duty of the State Authority to give effect to the
policy and directions of the Central Authority.
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Without prejudice to the generality of the functions referred to in
sub-section (1), the State Authority shall perform all or any of the
following functions, namely:-
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Give legal service to persons who satisfy the criteria laid down under
this Act.
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Conduct Lok Adalats, including Lok Adalats for High Court cases;
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Undertake preventive and strategic legal aid programmes; and
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Perform such other functions as the State Authority may, in
consultation with the Central Authority, fix by regulations.
2. State Authority to act in co-ordination with other agencies etc., and be
subject to directions given by Central Authority
In the discharge of its functions the State Authority shall appropriately
act in coordination with other governmental agencies, non-governmental
voluntary social service institutions, universities and other bodies
engaged in the work of promoting the cause of legal services to the poor
and shall also be guided by such directions as the Central Authority may
give to it in writing.
3. High Court Legal Services Committee
- The State Authority shall constitute a Committee to be called the High
Court Legal Services Committee for every High Court, for the purpose of
exercising such powers and performing such functions as may be determined
by regulations made by the State Authority.
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The Committee shall consist of
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A sitting judge of the High Court who shall be the Chairman; and
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Such number of other members possessing such experience and
qualifications as may be determined by regulations made by the State
Authority, to be nominated by the Chief Justice of the High Court.
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The Chief Justice of the High Court shall appoint a Secretary to the
Committee possessing such experience and qualifications as may be
prescribed by the State Government.
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The terms of office and other conditions relating thereto, of the
Members and Secretary of the Committee shall be such as may be determined
by the regulations, made by the State Authority.
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The Committee may appoint such number of officers and other employees
as may be prescribed by the State Government in consultation with the Chief
Justice of the High Court for the efficient discharge of its functions.
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The officers and other employees of the Committee shall be entitled to
such salary and allowances and shall be subject to such other conditions of
service as may be prescribed by the State Government in consultation with
the Chief Justice of the High Court.
4. District Legal Services Authority
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The State Government shall , in consultation with the Chief Justice of
the High Court, constitute a body to be called the District Legal Services
Authority for every District in the State to exercise the powers and
perform the functions conferred on, or assigned to , the District Authority
under this Act.
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A District Authority shall consist of:-
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The District Judge who shall be its Chairman; and
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Such number of other Members, possessing such experience and
qualifications, as may be prescribed by the State Government, to be
nominated by that Government in consultation with the Chief Justice of the
High Court.
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The State Authority shall, in consultation with the Chairman of the
District Authority, appoint a person belonging to the State Judicial
Service not lower in rank than that of a Subordinate Judge or Civil Judge
posted at the seat of the District Judiciary as Secretary of the District
Authority to exercise such powers and perform such duties under the
Chairman of that Committee as may be assigned to him by such Chairman.
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The terms of office and other conditions relating thereto, of Members
and Secretary of the District Authority shall be such as may be determined
by regulations made by the State Authority in consultation with the Chief
Justice of the High Court.
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The District Authority may appoint such number of officers and other
employees as may be prescribed by the State Government in consultation with
the Chief Justice of the High Court for the efficient discharge of its
functions.
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The officers and other employees of the District Authority shall be
entitled to such salary and allowances and shall be subject to such other
conditions of service as may be prescribed by the State Government in
consultation with the Chief Justice of the High Court.
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The administrative expenses of every District Authority, including the
salaries, allowances and pensions payable to the Secretary, officers and
other employees of the District Authority shall be defrayed out of the
Consolidated Fund of the State.
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All orders and decisions of the District Authority shall be
authenticated by the Secretary or by any other officer of the District
Authority duly authorized by the Chairman of that Authority.
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No Act or proceeding of a District Authority shall be invalid merely on
the ground of the existence of any vacancy in, or any defect in the
constitution of, the District Authority.
4A. Functions of District Authority
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It shall be the duty of every District Authority to perform such of the
functions of the State Authority in the District as may be delegated to it
from time to time by the State Authority.
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Without prejudice to the generality of the functions referred to in
sub-section (1), the District Authority may perform all or any of the
following functions, namely:-
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Co-ordinate the activities of the Taluk Legal Services Committee and
other legal services in the District;
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Organise Lok Adalats within the Districts; and (c) Perform such other
functions as the State Authority may fix 2[x x x] by regulations.
4B. District Authority to act in co-ordination with other agencies and be
subject to directions given by the Central Authority, etc
In the discharge of its functions under this Act, the District Authority
shall, wherever appropriate, act in co-ordination with other governmental
and nongovernmental institutions, universities and others engaged in the
work of 10 promoting the cause of legal services to the poor and shall also
be guided by such directions as the Central Authority or the State
Authority may give to it in writing.
5. Tehsil Legal Services Committee
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The State Authority may constitute a Committee, to be called the Tehsil
Legal Services Committee, for each Tehsil or Mandal or for group of Tehsils
or Mandals,
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The Committee shall consist of
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The senior-most Civil Judicial officer operating within the
jurisdiction of the Committee who shall be the ex-officio Chairman; and
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Such number of other Members, possessing such experience and
qualifications, as may be prescribed by the State Government, to be
nominated by that Government in consultation with the Chief Justice of the
High Court.
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The committee may appoint such number of officers and other employees
as may be prescribed by the State Government in consultation with the Chief
Justice of the High Court for the efficient discharge of its functions.
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The officers and other employees of the Committee shall be entitled to
such salary and allowances and shall be subject to such other conditions of
service as may be prescribed by the State Government in consultation with
the Chief Justice of the High Court.
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The administrative expenses of the Committee shall be defrayed out of
the District Legal Aid Fund by the District Authority.
5A. Functions of Tehsil Legal Services Committee
The Tehsil Legal Services Committee may perform all or any of the following
functions, namely: -
- Co-ordinate the activities of legal services in the taluk;
- Organise Lok Adalats within the taluk; and
- Perform such other functions as the District Authority may assign to
it.