Jammu and Kashmir Legal Services Authorities Act, 1997
No: 33 Dated: Oct, 08 1997
THE JAMMU AND KASHMIR LEGAL SERVICES AUTHORITIES ACT, 1997
(Act No. XXXIII of 1997)
An Act to constitute legal services authorities to provide free and competent legal services to the weaker section of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organise Look Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.
Be it enacted by the Jammu and Kashmir State Legislature in the Forty-eighth Year of the Republic of India as follows :-
CHAPTER 1
Preliminary
1. Short title and commencement. - (1) This Act may be called the Jammu and Kashmir Legal Services Authorities Act, 1997.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint and different dates may be appointed for different provisions of this Act.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "case" includes a suit or any proceeding before a court ;
(b) "court" means a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi judicial functions ;
(c) "legal service" includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter ;
(d) "High Court Legal Services Committee" means the High Court Legal Services Committee constituted under section 6 ;
(e) "legal service" includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter ;
(f) "Lok Adalat" means a Lok Adalat organized under Chapter V ;
(g) "notification" means a notification published in the Government Gazette ;
(h) "prescribed" means prescribed by rules made under this Act ;
(i) "regulations" means regulation made under this Act ;
(j) "Scheme" means any scheme framed by the State Authority or a District Authority for the purpose of giving effect to any of the provisions of this Act ;
(k) "State Authority" means the State Legal Services Authority constituted under section 3 ;
(l) "Tehsil Legal Services Committee" means a Tahsil Legal Services Committee constituted under section 10.
CHAPTER II
State Legal Services Authority
3. Constitution of State Legal Service Authority. - (1) The Government shall constitute a body to be called the Legal Services Authority for the State to exercise the powers and perform the functions conferred on, or assigned to the State Authority under this Act.
(2) The State Authority shall consist of -
(a) the Chief Justice of the High Court who shall be the Patron-in-Chief ;
(b) a serving or retired Judge of the High Court, to be nominated by the Governor, in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman ; and
(c) such number of other members, possessing such experience and qualifications as may be prescribed by the Government, to be nominated by the Government in consultation with the Chief Justice of the High Court.
(3) The Government may, in consultation with Chief Justice of the High Court, appoint a person belonging to the Higher Judicial Service, not lower in rank than that of a District Judge, as the Member-Secretary of the State Legal Services Authority, to exercise such powers and perform such duties under the Executive Chairman of the State Authority as may be prescribed by the Government or as may be assigned to him by the Executive Chairman of the State Authority.
(4) The State Authority may appoint such number of officers and other employees as may be prescribed by the Government, in consultation with the Chief Justice of the High Court for the efficient discharge of its functions under this Act.
(5) The officers and other employees of the State 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 Government in consultation with the Chief Justice of the High Court.
(6) The administrative expenses of the State Authority, including the salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the State Authority shall be defrayed out of the Consolidated Fund of the State.
(7) All orders and decisions of the State Authority shall be authenticated by the Member-Secretary or any other officer of the State Authority duly authorized by the Executive Chairman of the State Authority.
(8) No act or proceeding of a State Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of the State Authority.