INFORMATION PERTAINING TO HARYANA STATE LEGAL SERVICES AUTHORITY AS REQUIRED UNDER SECTION 4 OF THE RIGHT TO INFORMATION ACT, 2005 PUBLISHED BY MINISTRY OF LAW AND JUSTICE(LEGISLATIVE  DEPARTMENT IN THE GOVERNMENT OF INDIA GAZETTE VIDE NO. 22 OF 2005 ON 21^ST JUNE, 2005.

RESUME OF LEGAL SERVICES AUTHORITIES ACT, 1987 (ACT NO. 39 OF 1987)

As per 42^nd Amendment Act of 1976 a new provision, Article 39-A was incorporated in the Constitution for providing free legal aid and concept of equal justice found a place in our Constitution.  Article 39-A which was incorporated under Part-IV – Directive Principals of State Policy reads as under:-:

Equal Justice and Free Legal Aid “The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.”

PARTICULARS OF ITS ORGANIZATION, FUNCTIONS AND DUTIES UNDER SECTION 4(I) OF THE RIGHT TO INFORMATION ACT, 2005.

Pursuant to  incorporation of Article 39-A in the Constitution of India by 42^nd amendment  and subsequent enactment of the Legal Services Authorities Act, 1987 Haryana State Legal Services Authority was constituted w.e.f 3.4.1996 under the Legal Services Authorities Act, 1987 to provide free and competent legal services to the weaker sections 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 organize Lok Adalats to ensure that the operation of the legal system promotes justice on a basis of equal opportunity.  Section 7 (1) of the Legal Services Authorities Act, 1987 mandates that it shall be the duty of the State Authority to give effect to the policy and directions of the Central Authority and Section 7 (2) of the Legal Services Authorities Act, 1987 provides that 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:-

(a)

give legal service to persons who satisfy the criteria laid down under the Act;

(b)

conduct Lok Adalats, including Lok Adalats for High Court cases

(c)

undertake preventive and strategic legal aid programmes; and

(d)

perform such other functions as the State Authority may, in consultation with the Central Authority, fix by regulations.

1.

Organization of Lok Adalats on Old Pattern

Haryana State Legal Services Authority has leveraged the important mechanism of ‘Lok Adalat’ as an effective alternative dispute resolution method for ensuring quick and final consensual disposal of cases without any extra cost or fees binding on the parties.

2.

Organization of Lok Adalats for Labour Cases

Lok Adalats for labour cases are being organized by the Industrial Tribunals-cum-Labour Courts in the State of Haryana regularly.

Mobile/Rural Lok Adalats

HALSA is organizing Mobile/Rural Lok Adalats in the villages to make speedy and inexpensive justice available to the people at their door step by amicable resolution of their disputes through mediation/conciliation by the respectables of the village and Village Gram Panchayats. In these Mobile/Rural Lok Adalats, all the pending cases in the courts as well as cases at pre-litigative stage of such village and adjoining villages are taken up for settlement.

Earlier these rural Lok Adalats were presided over by judicial officers by rotation. However, since October, 2011, these Adalats are attended by Panel Advocates and Para Legal Volunteers, who make efforts to bring parties together in all pending matters of that area, where rural Lok Adalat takes place, to arrive at acceptable settlement. Similar efforts are made in pre-litigation matters of that area. The cases, in which parties agree for settlement, are then taken up in forthcoming Lok Adalat.

Permanent and Continuous Lok Adalats (Samjhauta Sadans)

Lok Adalats in the Courts and Mobile/Rural Lok Adalats are not permanent features and are organized periodically on scheduled dates notified by the District Legal Services Authorities/Sub-Divisional Legal Services Committees. In order to make the forum of Lok Adalat available to the people as Alternative Disputes Resolution Forum on Permanent and Continuous basis, Haryana State Legal Services Authority had set up Permanent and Continuous Lok Adalats (Samjhauta Sadans) headed by retired Judicial Officers in one district i.e. Panchkula; whereas in the remaining districts/sub-divisions Permanent and Continuous Lok Adalats (Samjhauta Sadans) were headed by sitting Judicial Officers in the Districts/Sub-Divisions by rotation.

At places, where sitting Judicial Officers were directed to hold Permanent and Continuous Lok Adalat (Samjhauta Sadan) on rotational basis, it was felt that no settlements were taking place. It was felt that whenever any settlement/compromise was arrived at between the parties in the Court, where case is pending, parties are in a hurry and they lack patience, when told to appear before Samjhauta Sadan. They want quick result there and then on the plea that once compromise has been effected, they should not be asked to wait for reaping the fruits of compromise like refund of Court fee in Lok Adalat etc.

Experiment of Daily Lok Adalat was started at Sonepat and results were found encouraging, which made existence of PLA (SS) as functionally redundant. Daily Lok Adalats were then started in remaining districts. Presently, said Daily Lok Adalats are being held in 20 out of 21 districts of Haryana.

Every Court of the Sessions Division converts into Lok Adalat daily and hold sittings for this purpose for half an hour or an hour, as per requirement depending upon the workload of cases coming for settlement everyday in each Court.  This way, there are as many Daily Lok Adalats as the number of Courts in that Sessions Division.  Said Daily Lok Adalat are assisted by one lawyer or social worker on the panel.

5.

Permanent Lok Adalats (Public Utility Services)

On initiative of Haryana State Legal Services Authority, Haryana Government sanctioned administrative approval of four Permanent Lok Adalats pertaining to Public Utility Services at the four Divisional Head Quarters namely Ambala, Rohtak, Gurgaon and Hissar with jurisdiction in the Revenue Division of their location. Later on, two more PLA (PUS) were sanctioned at Faridabad and Panchkula.

Presently i.e. five Permanent Lok Adalats (Public Utility Services) are functioning in the State of Haryana at Ambala, Hissar, Rohtak, Gurgaon, Panchkula and Faridabad. These PLA(PUS) cover most of the districts of Haryana as under:

It may be added that in a recent meeting, Government has agreed in principal to accord sanction to set up 5 more such PLA (PUS).

6.

Daily Lok Adalats.

At places, where sitting Judicial Officers were directed to hold Permanent and Continuous Lok Adalat (Samjhauta Sadan) on rotational basis, it was felt that no settlements were taking place. It was felt that whenever any settlement/compromise was arrived at between the parties in the Court, where case is pending, parties are in a hurry and they lack patience, when told to appear before Samjhauta Sadan. They want quick result there and then on the plea that once compromise has been effected, they should not be asked to wait for reaping the fruits of compromise like refund of Court fee in Lok Adalat etc.

Experiment of Daily Lok Adalat was started at Sonepat and results were found encouraging, which made existence of PLA (SS) as functionally redundant. Daily Lok Adalats were then started in remaining districts. Presently, said Daily Lok Adalats are being held in 18 out of 21 districts of Haryana.

Every Court of the Sessions Division converts into Lok Adalat daily and hold sittings for this purpose for half an hour or an hour, as per requirement depending upon the workload of cases coming for settlement everyday in each Court.  This way, there are as many Daily Lok Adalats as the number of Courts in that Sessions Division.  Said Daily Lok Adalat are assisted by one lawyer or social worker on the panel.

7.

People’s Initiative for Justice (PIJ)

Haryana State Legal Services Authority launched the project “People’s Initiative for Justice” on 12-11-2005 for ensuring equal access to justice for all by providing for resolution of all kinds of disputes and in particular matrimonial disputes, family disputes, disputes with neighbours by organized and institutionalized process of mediation or conciliation through intervention of public spirited, respected and senior citizens in a suitable and congenial environment which can be formalized by way of decree of Lok Adalat and which can reduce unnecessary litigation and make certain areas litigation free.  This project is being implemented by the District Legal Services Authorities through Conciliation Committees constituted for this purpose.  

8.

Decision of  Lok Adalats

Lok Adalats can take cognizance of matters of not only those persons who are entitled to avail free legal services but of all other persons also, be they women, men, or children and even institutions.

Anyone or more of the parties to a dispute can move an application to the court either where their matters may be pending, or even at pre-litigative stage, i.e. the matters which have not yet been filed in regular courts, for such matters being taken up in the Lok Adalat Bench constituted for the purpose which shall attempt to resolve the dispute by helping the parties to arrive at an amicable solution and if is successful in doing so, the award passed by it shall be final which has as much force as a decree of a Civil Court obtained after due contest.

It is also mentioned that Section 16 of Courts Fees Act, 1870 as inserted by Code of Civil Procedure (Amendment) Act, 1999 provides that where the court refers the parties to the suit to any one of the mode of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908(5 of 1908) the plaintiff shall be entitled to a certificate from the Court authorizing him to receive back from the Collector, the full amount of the fee paid in respect of such plaint.

9.

Procedure/Salient Features and Benefits of the decision of the Lok Adalats

(a)

It is quick and free from legal hassles.

(b)

Award of Lok Adalat has the force of decree of civil court.  Parties are bound by such award.

(c)

These are final.  No appeal shall lie against award of Lok Adalat.

(d)

Dispute comes to an end forever.

(e)

Entire Court fee is refundable.

(f)

Implementation of awards of Lok Adalat is easy because these are based on mutual consent.

(g)

There is no sense of victory or defeat.  Such settlements finish bitterness and enmity and promote mutual consent.

(h)

Settlement of one dispute in Lok Adalat results in disposal numerous connected cases pending in Courts horizontally and vertically.  That reduces the workload of courts and accelerates their speed of disposal.  That leads to quick decisions and end of long wait and anxiety of litigants for justice.

10.

Counselling and Conciliation Centres

To assist the litigants to reach a settlement on the basis of which Lok Adalat can pass a decree, under the aegis of Haryana State Legal Services Authority, District Legal Services Authorities have set up Counselling and Conciliation Centres in all the Districts.

11.

Preventive and Strategic Legal Aid   Programmes

Equal access to Justice is a cherished ideal of our Constitution.  It has to be made a reality by giving inexpensive justice to people and providing legal aid to those who cannot seek justice due to economic deprivation and social backwardness by making people aware of the availability of legal aid and generating legal awareness among them and by improving legal literacy of the disadvantaged sections of society and empowering them to seek justice. Right to legal aid has been specifically recognized as being a part of the fundamental right to life and liberty enshrined under Article 21 of the Constitution of India.

In view of enactment of the Legal Services Authorities Act, 1987 and reiterating of the entitlement for legal aid and advice in various other enactments dealing with social justice for example the Mental Health Act, 1987, the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Protection of Women from Domestic Violence Act, 2005 the state is now under a statutory obligation to make available “legal service” which includes “rendering of any service in the conduct of any case or other legal proceedings”.

(i)

Legal Aid Counsel for remand hours

According to Section 12(g) of the Legal Services Authorities Act, 1987 (as amended in 1994), any person in custody, including custody in a protective home or in juvenile home or in psychiatric hospital or psychiatric nursing home, is entitled to legal services for filing or defending a case.  A large number of under-trial prisoners who are not in a position to engage lawyers for defending them, feel handicapped in their defence and remain incarcerated for long periods.  Therefore the model scheme modulated by National Legal Services Authority has been implemented by Haryana State Legal Services Authority in all the districts and sub-divisions of Haryana so that nobody remains unrepresented at the time of remand hour.

(ii)

Permanent Legal Aid Clinics/Legal Aid Cells in Jail

Haryana State Legal Services Authority has established Permanent Legal Aid Clinics/Centres in all the Jails/Sub Jails of Haryana. The Advocates empanelled under the ‘Legal Aid Counsel’ scheme visited Central/District Jails/Sub Jails  twice a week at specified intervals as deputed by District Legal Services Authorities and Sub-Divisional Legal Services Committees for giving legal advise to the accused/convicts if the need be and collecting their applications/representations, if any and to submit the same to the concerned courts on the next working day.

(iii)

Permanent Legal Aid Clinics in Courts

Permanent Legal Aid Clinics have been set up in Judicial Courts Complexes in all the districts, National Institute of Law, Faridabad, Chotu Ram College, Hissar, Aggarwal Sabha Hall, Aggarwal Chowk, Kaithal, Law Department, Kurukshetra and Gurudwara Nada Sahib, Panchkula.

Permanent Legal Aid Clinics in villages

Permanent Legal Aid Clinics in maximum villages of Haryana have been established where empanelled Advocates of District Legal Services Authorities and Sub-Divisional Legal Services Committees are visiting on rotational basis and give legal awareness to the villagers about their legal rights and remedies.

(v)

Legal Aid at State Expenses

Section 12 of the Legal Services Authorities Act, 1987 read with rule 19 of the Haryana State Legal Services authority Rules, 1996 specifies the persons eligible for free legal aid at State expenses.

Every accused unable to engage a lawyer due to poverty, or incommunicado situation is entitled to free legal service at the cost of the State.  The entitlement to free legal aid is not dependent on the accused making an application before the Magistrate/Sessions Judge who is bound to inform the accused of his right to obtain free legal aid and to provide legal aid except when the accused is not willing to take advantage of the free legal services provided by the State.  The provisions of Section 304 of the Code of Criminal Procedure, 1973 have been made applicable to Magisterial Trials vide Haryana Government Notification No. 20/5/78-JJ(4) dated 1.6.1983.

Eligibility for Legal Aid

(Section 12 of the Act read with Rule 19 of the Rules).

Any citizen of India whose annual income from all sources does not exceed Rs.1,00,000 (Rupees 1 Lac) or such  higher amount as may be notified by the State Government from time to time, shall be entitled to legal services under clause (h) of Section 12 of the Act:

Provided that the State Legal Services Authority, High Court Legal Services Committee, District Legal Services Authority and the Sub-Divisional Legal Services Committee, as the case may be, may grant legal services to any other person irrespective of his income:-

(a)

To a member of Scheduled Caste or Scheduled Tribe or Backward Classes;

(b)

To a victim of trafficking in human beings or beggar as referred in Article 23 of the Constitution;

(c)

To a woman;

(d)

To a child, i.e. person who has not attained the age of 18 years or if he is under the guardianship under the Guardians and Wards Act, 1890 the age of 21 years;

(e)

To a person with disability as defined in clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 (1 of 1996);

(f)

To a person, under circumstances of undeserved want such as being victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(g)

To an industrial workman; or

(h)

To a person in custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956), or “Children’s Home, Observation Home, Shelter Home and Special Home within the meaning of clause (e), (o), (u) and (v) respectively of section 2 of Juvenile Justice (Care and Protection of Children) Act, 2000(56 of 2000).”

(i)

To a person in a psychiatric hospital or psychiatric nursing home within the meaning of clause (q) of Section 2 of the Mental Health Act, 1987; or

(j)

In a test case, the decision of which is likely to affect cases of numerous other persons belonging to the poor and weaker sections of the society; or

(k)

To a person, in a special case, which for reasons to be recorded in writing is considered otherwise deserving of legal service where the means test is not satisfied; or

(l)

To a person in the case where the High Court or the Supreme Court provides legal service under any order in that case legal service would be deemed to have been provided by the Authority/Committee in relaxation of all the conditions laid down in this rule; or

(m)

To a person in case of public interest litigation.”

(n)

To an ex-serviceman, and the families of such persons who have died in action; or

(o)

To riot victims, and the families of such persons as well as terrorist victims and families of such persons; or

(p)

To freedom fighters.”

(q)

Transgender people

(r)

Senior Citizen that is person who is citizen of India and has attained the age of 60 years or above

(B)

Matters on which Legal Service is admissible

(i)

Free legal aid may be obtained in any court of law upto the Supreme Court and in any Tribunal, Revenue Court as well as all departments of Government and other bodies discharging quasi-judicial functions.

(ii)

The legal aid is available in all civil, criminal, revenue and administrative matters.

Modes of providing legal service.-Legal Service may be given in all or any one or more of the following modes, namely:--

(i)

By payment of court fee, process fee, expenses of witnesses, preparation of the paper book, lawyer’s fee and all other charges payable or incurred in connection with any legal proceedings;

(ii)

By representation by a legal practitioner  in legal proceedings;

(iii)

By supplying certified copies of judgments, orders, notes or evidence and other documents in legal proceedings;

(iv)

By preparation of appeal, paper book, including printing, typing and translation of documents in legal proceedings; and

(v)

By drafting of legal documents.

Application for Legal Service

(i)

Any person desiring to seek legal service may make an application addressed to the Member-Secretary of the State Authority, Secretary of the High Court Legal Services Committee, Secretary of the District Legal Services Authority, Chairman of the Sub-Divisional Legal Services Committee (hereinafter referred to as Member Secretary, Secretary or Chairman of the Authority/Committee concerned), as the case may be.”

(ii)

The Member Secretary, Secretary or Chairman of the Authority/Committee concerned shall maintain a register of applications wherein all applications for legal service received under sub-rule (1) shall be entered.”

Disposal of applications

(i)

On receipt of an application under rule 22, the Member Secretary, Secretary or Chairman of the Authority/Committee” shall scrutinize the application for the purpose of deciding whether the applicant is entitled to get legal service in accordance with the provisions of these rules, and for the purpose of arriving at such decision he may require applicant to supply further information as may be necessary, and,  if necessary, give personal hearing to the applicant and in doing so the Member-Secretary shall have regard to the fact that the applicant is a poor person or belonging to a weaker section of the society and deserves to be assisted in the matter of obtaining legal service.  The application shall be processed as early as possible and preferably within fifteen days of its receipt.

The decision of the “Member Secretary, Secretary or Chairman of the Authority/Committee as the case may be” to provide legal service shall be final:

“Provided that if the Member-Secretary, Secretary or the Chairman of the Authority/Committee, as the case may be, is of the opinion that the applicant is not deserving of legal service, he may reject the application but such rejection shall be brought to the notice of Executive Chairman of the State Authority by the Member-Secretary of the State Authority, to the Chairman of the High Court Legal Services Committee by the Secretary of the High Court Legal Services Committee, to the Chairman of the District Authority by the Secretary of the District Authority and to the Chairman of the District Legal Services Authority by the Chairman of the Sub-Divisional Legal Services Committee possibly within two weeks of rejection of application for legal service.”

Where it is decided not to give legal aid to an applicant the reasons for not doing so shall be entered in the register of applications maintained by the Authority/Committee and information in writing to the effect shall be communicated to the applicant.

No legal service shall be granted or continued after the legal service is granted, if the Authority/Committee is satisfied that:-

1. ►

The applicant has knowingly made false statement or furnished false information as regards his means or place of residence; or

In proceedings other than the one relating to criminal prosecution there is no prima facie case to institute, or as the case may be, to defend the proceedings; or

The application is frivolous and fictitious; or

The applicant is not entitled to the same under rule 19 or any other provisions of the rule; or

Having regard to all the circumstances of the case, it is otherwise not reasonable to grant it.

Application for obtaining free legal service/aid can be made to the following authorities:-

If the case is in the Supreme Court, to the Member Secretary, National Legal Services Authority, 12/11, Jamnagar House, New Delhi – 110011 (E-mail : nalsa1987@gmail.com)    OR

to the Secretary, Supreme Court Legal Services Committee, Room No. 109, Lawyers’ Chambers, Post Office Wing, Supreme Court Compound, New Delhi – 110001.

 If the case is in the High Court, to the Member Secretary, Haryana State Legal Services Authority, SCO No. 142-143, Sector 34-A, Chandigarh – 160022 (E-mail : hslsa@hry.nic.in)    OR     

to the Secretary, Punjab and Haryana High Court Legal Services Committee, Punjab and Haryana High Court, Chandigarh – 160001

(E-mail: highcourtchd@indianjudiciary.gov.in)

It may be highlighted here that Hon’ble High Court of Punjab and Haryana is providing its daily cause list on the Internet.  For access thereto, click http://highcourtchd.gov.in/

If the case is at the District Level, to the District & Sessions Judge-cum-Chairman of the concerned District Legal Services Authority.

Note:   If there is no District & Sessions Judge posted at the seat of headquarter of a district (as distinguished from a sessions division), in such eventuality the application for obtaining free legal service/aid can be made to the Senior Most Additional District & Sessions Judge/Senior Most Judicial Officer (as the case may be)-cum-Chairman of the concerned District Legal Services Authority.

                                                            OR

to the Chief Judicial Magistrate-cum-Secretary of the concerned District Legal Services Authority.

 If the case is at the Sub-Divisional Level, to the Additional Civil Judge (Senior Division)-cum-Chairman of the concerned Sub-Divisional Legal Services Committee.

12.

Legal Literacy

About 70% of the people are living in rural areas and most of them are illiterate and even more than that percentage of the people are not aware of the rights conferred upon them by law.  Even substantial number of the literate people living in the cities and villages do not know what are their rights and entitlements under the law.  It is this absence of legal awareness which is responsible for the deception, exploitation and deprivation of rights and benefits from which the people suffer in the state.  The miserable condition in which the people find themselves can be alleviated to some extent by creating legal awareness amongst the people.

This Authority requested all the District Legal Services Authorities to organize Legal Literacy/Legal Awareness Camps in the remote rural areas in the State of Haryana at least once in a week so that the common man may be made aware about his legal rights.

Legal Aid Camps and Legal Literacy and Awareness

It is a truism to say that the vast milieu of our  country is ignorant about the laws enacted by their own elected representative.  Because of this  ignorance, many of the rights conferred by laws remain not known to the real beneficiaries.  This results in exploitation and undeserved sufferings.  Although ignorance of law is not an excuse, ignorance of laws can lead to exploitation and often results in acts in conflict with law.  Under  this circumstances and in view of the fact that a large number of our population is distanced from the knowledge of law, the need for legal literacy and legal awareness assumes importance.

Legal Literacy and legal awareness programmes  will be conducted with the help of lawyers, law teachers, law students and legal academics. Specific Legal Literacy classes will also be organized for educating people on following topics:

►

Hindu Marriage Act, christen Marriage Act, Muslim Women’s Protection Act & Special Marriage Act.

►

Child Marriage Restraint Act, 1929

►

Guardian and Wards Act, 1890

►

Hindu Minority and Guardianship Act

►

Maternity Benefit Act

►

Medical Termination of Pregnancy Act and Female Foeticide

►

Women Empowerment

►

Dowry Prohibition Act and Law governing Dowry deaths

►

Sexual Harassment of Women at the Work Place

►

Right to Maintenance under Cr.P.C/Hindu Adoption  and Maintenance Act

►

Protection of Women  from Domestic Violence Act, 2005

►

Prevention of Violence against Women.

►

Rights of Scheduled Caste and Scheduled Tribes/Backward Classes under the various Acts such as Prevention of Atrocities on Scheduled Castes and Scheduled Tribes Act, 1989 etc.

►

Labour Laws, Factories Act, Industrial Disputes Act etc.

►

Child Labour Laws

►

Rights of arrested persons

►

Procedure for claiming compensation under Motor Vehicles Act, Workmen’s Compensation Act, and Compensation from Railway Accident Claims Tribunals as also in respect of Land Acquisition Cases.

►

Bonded Labour(Abolition)Act, 1976

►

Human Trafficking Crimes

►

Lok Adalats and free legal services under Legal Services Authorities Act, 1987

►

Food Adulteration Act, 1954

►

ADR System in Haryana-Lok Adalats/ Mediation/Arbitration/ Counselling and Conciliation

►

Plea Bargaining

►

Rights of Persons with Disabilities

►

Human Rights and HIV/AIDS

►

National Rural Employment Guarantee Act(NAREGA), 2005

►

Right to Information Act, 2005

►

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

►

Unorganized Workers’ Social Security Act, 2008

►

Legal remedies

►

Social Justice and  Development

►

Protection of students from Ragging

►

Juvenile  and the law

►

Social reforms through law

►

Environment and Pollution

►

National Security, Sovereignty and integrity of India

►

Health, Hygiene and Sanitation

►

Abuse of Drugs and  De-addiction

►

Role of Legal Services Authorities

►

Constitutional Values

►

Spirituality and law.

►

Cyber Crime

The legal awareness classes will be interactive in nature and the people should be encouraged to clear their doubts on the topics covered in the classes.  Classes in the nature of public lectures will be avoided.  Feedback from the participants in the legal awareness camps/classes will be collected and evaluated.

Every effort will be made to organize legal literacy camps or legal awareness classes on a thrift basis, not spending extravagantly.  The large pomp and show will be avoided in the legal literacy classes.  As far as practicable inaugural function and other ceremonial etiquettes may be avoided for saving money and time for the real business of conducting legal literacy classes.

The DLSA/SDLSC will encourage law students and women lawyers to serve as resource persons for legal literacy classes.

Implementation of Legal Literacy Missions

In order to achieve the objective of spreading Legal Literacy, Haryana State Legal Services Authority has initiated special Legal Literacy Schemes.          

Earlier Haryana State Legal Services Authority had initiated two Legal Literacy schemes namely, Prisoners Legal Literacy Mission (PLLM) and Legal Literacy Mission for empowerment of underprivileged (LLUP). During the year 2009 another Legal Literacy scheme namely Legal Literacy for Students (LLS) has been initiated.  Brief details of these schemes are as under:-

(i)

Prisoners Legal Literacy Mission (PLLM)

The project envisions that legal literacy will reform the mindset of the prisoners and help them become responsible members of the society.  The objectives of the mission are to target the prisons and jails in a systematic manner and to hold Legal Awareness Camps in prisons, prepare and publish Legal Literacy Literature in local language and  to circulate the same amongst the prisoners; to organize skits and audio/visual presentations for the prisoners to educate them about their rights; to co-ordinate with the prisons authorities to ensure that freedoms that belong to the prisoners are made available to them and to help improve prison conditions.

Legal Literacy Mission for empowerment of underprivileged (LLUP)

Haryana State Legal Services Authority has also launched Legal Literacy Mission for empowerment of underprivileged (LLUP).  LLUP envisages creating awareness among neglected children, who are forced to take shelter in orphanage centres, helpless girls and women who are forced to take shelter in Nari Niketan or other such institutions, neglected old age people, disabled, mentally ill persons living under helpless situation under the care or control of government-run or non-government-run organizations.

Legal Literacy for Students(LLS)

Haryana State Legal Services Authority with the collaboration of Education Department of Haryana has opened Legal Literacy Clubs in 1444 Senior Secondary/Secondary Schools and 169 Colleges.

(iv)

Legal Literacy through EDUSAT:

The recent advances in telecommunication are also being utilized for achieving the object of spreading legal awareness.  Documentary films on socially relevant issues, such as “Beti” (dealing with evils of female foeticide), “Nashakhori Sey Nashamukti Ki Aur” (dealing with evil of drug abuse) and “Savera” (dealing with legal services and Lok Adalats) have been shown to the students through EDUSAT.

13

Publicity through print and electronic Media

Haryana State Legal Service Authority through the District Legal Services Authorities and Sub-Divisional Legal Services Committees distributed books, pamphlets, folders amongst the masses and displayed flex banners/calendars/canopies on the different occasions so that they may be made aware about their legal rights and availability of free legal services under the Legal Services Authorities Act, 1987. Wide publicity was also given in the leading newspapers in the State of Haryana and on cable TV and Doordarshan.

Publicity regarding Lok Adalats, Legal Aid and Legal Literacy Programmes in the State of Haryana was also made by the Public Relations and Cultural Affairs Department, Haryana through electronic and print media by organizing skits and nukkar-nataks, displaying the documentary films “Savera”, “Beti” and “Nasha Khori Se Nasha Mukti Ki Aur” through the local cable network and mobile vans of the Department.

14.

Updating of website

Haryana State Legal Services Authority has also launched its website which can be accessed on website address www.hslsa.nic.in  and the same is being updated from time to time.  The website contains all the schemes, programmes, schedule of Lok Adalats/Rural Lok Adalats/Jail Visits, Act, Rules and regulations and all other relevant information regarding HSLSA.

15.

PUBLICATION BY HARYANA STATE LEGAL SERVICES AUTHORITY

16.

 Exhibiting  documentary films through EDUSAT:

HALSA through DEOs/DPROs/CJMs exhibited the following documentary films in all schools of Haryana:

“Beti” (dealing with evils of female foeticide).

“Nashakhori Sey Nashamukti Ki Aur” (dealing with evil of drug abuse).

“Savera” (dealing with knowledge of legal services and Lok Adalats).

Message on “Save Water” & “Save Planet Earth” prepared by His Excellency Dr. A.P.J.Abdul Kalam, Former President of India.

Electronic Media are even more effective than print media.  Even an illiterate person can be informed about his rights and duties through the electronic media.  District Legal services Authorities disseminate information about the Lok Adalats and various schemes launched by Legal services Authorities through the use of cable networks.

17

Para-Legal volunteer scheme

As per the instructions from National Legal Services Authority (NALSA), Haryana State Legal Services Authority has initiated steps for development of Para-Legal Services.

These Para-Legal Volunteers would assist an individual in obtaining the services of NALSA, DLSAs and SDLSCs. Such Volunteers would be expected to have some rudimentary knowledge of the basic rights of the individuals, functioning of courts, functioning of Legal Services Authorities and the functioning of some of the organizations such as Municipal Corporations and District Administration. These Para-Legals would include people at the grass-root level such as Anganwari workers, Teachers, Primary Health Workers, Panchayat Members, etc

In the first phase every District Legal Services Authority (DLSA) has been asked to identify about 50 volunteers and every Sub-Divisional Legal Services Committee (SDLSC) shall identify about 25 volunteers who can read and write vernacular language.

HSLSA proposes to build a strong base of Para-Legals all over Haryana, not only to act as a bridge between the individuals and Legal Services Authorities but also to help people in need, to approach the concerned authorities such as the Police and the District Administration by helping them in preparing petitions, filling forms and providing relevant information which may be necessary for asserting any right. 

Haryana State Legal Services Authority has initiated steps for development of Para-Legal services. Vide letter No. 9322-9340 dated 21.7.2009 HALSA has asked every District Legal Services Authority to identify about 50 volunteers and every Sub-Divisional Legal Services Committee to identify about 25 volunteers. Para Legal Volunteers have been identified/appointed by all the District Legal Services Authorities in the State of Haryana.

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The term of nominated members mentioned against serial numbers 10 and  11 shall be for a term of two years from the date of  notification.

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 The term of nominated members mentioned against serial numbers 13, 14 and 15 shall be for a term of two years from the date of notification.

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The term of nominated Members mentioned at Serial numbers 7 to 11 shall be for a term of two years to be compute from date of notification.

THE POWERS AND DUTIES OF ITS OFFICERS AND EMPLOYEES UNDER SECTION 4(ii) OF THE RIGHT TO INFORMATION ACT, 2005

FUNCTIONS AND POWERS OF THE HON'BLE PATRON-IN-CHIEF.

1.

Nomination of Executive Chairman by the Governor in consultation with the Chief Justice of High Court [Section 6(2)(b) of the Act].

2

Nomination of Members by State Government in consultation with the Chief Justice of High Court [Section 6(2)(c) of the Act].

3

Consultation with State Government for appointment of Member Secretary [Section 6(3) of the Act].

4

Consultation regarding constitution of District Authority [Section 9 of the Act].

5

A meeting of the State Authority shall be presided over by the Executive Chairman.  In case Patron-in-Chief is present in the meeting then he shall preside over the meeting (Sub-Regulation 4 of Regulation 5 of Haryana State Legal Services Authority (Transaction of Business and other Provisions) Regulations, 1998.

6

Consultation with the State Government for framing of Rules/Regulations [Section 28 of the  Act].

7

Officers and other employees as may be prescribed by State Government in consultation with the Chief Justice of High Court [Sections 6(6) and 9(6) of the Act].

8

The Chief Justice of High Court shall appoint a Secretary to the High Court Legal Services Committee possessing such experience and qualifications as may be prescribed by the State Government [Section   8-A (3)].

9

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 [Section   8-A (5)].

10

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 [Section   8-A (6)].

Provided that the Patron-in-Chief may give such advice as he may deem necessary in respect of any matter concerning the affairs of the State Authority. 

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FUNCTIONS AND POWERS OF THE HON'BLE EXECUTIVE CHAIRMAN.

1

Appointment of Joint Member Secretary (Rule 8 of Haryana State Legal Services Authority Rules, 1996).

2

Provided that for an expense of more than Rs.5,000/- approval of the Executive Chairman shall be taken (proviso of Sub-Regulation (4) of Regulation 7).

3

Executive Chairman shall be competent to take all decisions as may be   required on behalf of the State Authority (Sub-Regulation (1), of Regulation 6).

4

Legal Aid, Legal Advice or other Legal Services may be provided by the Executive Chairman to any person directly in respect of any matter before any Court in Haryana (Sub-Regulation (2), of Regulation 6).

5

Executive Chairman may review the cases where Legal Services have been refused by the District Authority and Sub-Divisional Legal Services Committee (Sub-Regulation (3), of Regulation 6). 

6

The Executive Authority of the State Authority shall vest in the Executive Chairman and may be exercised through the Member Secretary who shall act under the control of the Executive Chairman.

District Authority.

The Executive Authority of the District Authority shall vest in its Chairman and may be exercised through its Secretary, who shall act under the control of the Chairman.

Sub-Divisional Committee.

The Executive Authority of the Sub-divisional   Committee shall vest in its Chairman and may be exercised either by himself or through such other officer, who is selected for the purpose.

Provided that the Executive Chairman may give such advice as he may deem necessary in respect of any matter concerning the affairs of the District Authority and Sub-Divisional Committee (Regulation 3).

FUNCTIONS AND POWERS OF THE MEMBER SECRETARY.

1.

There shall be a Member Secretary of the State Authority in terms of Section 6 or its provision who will be appointed by the Government in consultation with the Chief Justice of the Punjab & Haryana High Court on the recommendations of the Executive Chairman of the State Authority (Rule 5 of the Haryana State Legal Services Authority Rules, 1996)

2.

The powers and the functions of the Member Secretary of the State Authority shall be (Rule 6 of the Haryana State Legal Services Authority Rules, 1996): -

(a)

to give free legal services to the eligible and weaker sections;

(b)

to work out modalities of the Legal Services and programmes approved by the State    Authority, and ensure their effective monitoring and implementation;

(c)

to exercise the powers in respect of administrative, housekeeping,    finance and budget  matters as Head of the Department in the State Government;

(d)

to manage the properties, records and funds of the State Authority;

(e)

to maintain true and proper account of the State Authority including checking and auditing in respect thereof periodically;

(f)

to prepare Annual Income and Expenditure Account and Balance-Sheet of the said   Authority;

(g)

to liaison with the Social Action Groups and District and Sub-Divisional Legal Services      Authorities/Committees;

(h)

to maintain  up-to-date and complete statistical information including progress made  in the implementation of various Legal Services Programmes from time to time;

(i)

to process proposals for financial assistance and issue Utilization Certificates thereof;

(j)

to organize various Legal Services Programmes as approved by the State Authority   and convene Meeting/Seminars and Workshops connected with Legal Services    Programmes and preparation of Reports and follow-up action thereon;

(k)

to produce video/documentary films, publicity material, literature and publications to    inform general public about the various aspects of the Legal Services Programmes;

(l)

to lay stress on the resolution of Rural Disputes and to take extra measure to draw       schemes for effective and meaningful legal services for settling Rural Disputes at the  doorsteps of the rural people.

(m)

to perform such of the functions as are assigned to him under the Schemes   formulated under section 4(b) of the Act; and

(n)

to perform such other functions as may be  expedient for efficient functioning of the   State Authority.

The Member Secretary of the State Authority shall be the whole time employee and shall hold office for a term not exceeding five years [Rule 7(1) of the Rules].

The Member Secretary of the State Authority shall be the Head of the office [Rule 7(2) of the Rules].

In all matters like age of retirement, pay and allowances, benefits and entitlements, and disciplinary matters, the Member Secretary shall be governed by the State Government Rules and he shall be on deputation to the State Authority [Rule 7(3) of the Rules].

Statement showing the posts with different proposed nomenclature in the Haryana State Legal Services Authority with pay scale.

In addition to that, if you want any information under the Right to Information Act, 2005 and Rules framed threreunder relating to Legal Services Programmes provided by Haryana State Legal Services Authority under the  Legal Services Authorities Act, 1987, Rules and Regulations framed thereunder from this Authority which can be provided and any grievances, you may approach directly to the following officers on any working days:

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