M.P. State Legal Services Authority Jabalpur

(C-2, South Civil Lines)

Various Schemes & Regulations of NALSA & SLSA have been incorporated in the syllabus of District Legal Officer Examination 2014, which is not easily available in the market these are:

1- Mediation Conciliation Rules 2- Paralegal Volunteers Schemes 3- National Legal Services Authority(Legal Aid Clinic)

Regulation, 20114- Schemes of State Legal Services Authority

Details of the syllabus are given below:

1.Mediation Conciliation Rules

Insert Rule 6 (e) (ii) of the Mediation Rules, 2006CIVIL PROCEDURE MEDIATION RULES, 2006

[Published in M.P. Rajapatra (Extraordinary) dated 30.08.2006].

1. Short Title and Commencement. – (1). These Rules may be called the Civil Procedure Mediation Rules, 2006.

(2) They shall come into force from the date of their publication in the Madhya Pradesh Gazette.

2. Definitions. – (1) In these rules, unless the context otherwise requires,-

‘Code’ means the Code of Civil Procedure, 1908 (No. 5 of 1908);

(2) Words and expressions used hereunder but not defined in these rules, shall have the same meaning, as assigned to them in the Code.

3. Appointment of mediator. – (a) Parties to a suit or proceeding may all agree on the name of the sole mediator for mediating between them.

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(b) Where, there are two sets of parties and are unable to agree on a sole mediator, each set of parties shall nominate a mediator.

(c) Where parties agree on a sole mediator under clause (a) or where parties nominate more than one mediator under clause (b), the mediator need not necessarily be from the panel of mediators referred to in Rule 4 nor bear the qualifications referred to in Rule 5 but should not be a person who suffers from the disqualifications referred to in Rule 6.

(d) Where there are more than two sets of parties having diverse interests, each set shall nominate a person on its behalf and the said nominees shall select the sole mediator and failing unanimity in that behalf, the Court shall appoint a sole mediator.

4. Panel of mediators. – (a) The High Court shall, for the purpose of appointing mediators between parties in any proceedings pending before it, prepare a panel of mediators and publish the same on its Notice Board, within thirty days of the coming into force of these Rules, with copy to the Bar Association attached to the original side of the High Court.

(b) (i) The Courts of the Principal District and Sessions Judge in each District or the Courts of the Principal Judge of the City Civil Court or Courts of equal status shall, for the purposes of appointing mediators to mediate between parties in suits filed on their original side, prepare a panel of mediators, within a period of sixty days of the commencement of these Rules, after obtaining the approval of the High Court to the names included in the panel, and shall publish the same on their respective Notice Board;

(ii) Copies of the said panels referred to in sub-clause (i) shall be forwarded to all the Courts of equivalent jurisdiction or Courts subordinate to the Courts referred to in sub-clause (i) and to the Bar associations attached to each of the Courts;

(c) The consent of the persons whose names are included in the panel shall be obtained before empanelling them;

(d) The panel of names shall contain a detailed Annexure giving details of the qualifications of the mediators and their professional or technical experience in different fields.

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5. Qualifications of persons to be empanelled under Rule 4.– The following shall be treated as qualified and eligible for being enlisted in the panel of mediators under Rule 4, namely : -

(a) (i) Retired Judges of the Supreme Court of India ;(ii) Retired Judges of the High Courts ;(iii) Retired District and Sessions Judges or retired

Judges of the City Civil Court or Courts of equivalent status.

(iv) Any other officer or persons authorized by the Chief Justice ;

(b) Legal practitioners with at least fifteen years standing at the Bar at the level of the Supreme Court or the High Court; or the District Courts or Courts of equivalent status ;

(c) Experts or other professionals with at least fifteen years standing; or retired senior bureaucrats or retired senior executives;

(d) Institutions which are themselves experts in mediation and have been recognized as such by the High Court, provided the names of its members are approved by the High Court initially or whenever there is change in membership.

6. Disqualifications of persons. – The following persons shall be deemed to be disqualified for being empanelled as mediators:(i) any person who has been adjudged as insolvent or is

declared of unsound mind;(ii) any person against whom criminal charges involving

moral turpitude are framed by a criminal court and are pending;

(iii) any person who has been convicted by a criminal court for any offence involving moral turpitude;

(iv) any person against whom disciplinary proceedings or charges relating to moral turpitude have been initiated by the appropriate disciplinary authority which are pending or have resulted in a punishment;

(v) any person who is interested or connected with the subject-matter of dispute or is related to any one of the parties or to those who represent them, unless such objection is waived by all the parties in writing;

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(vi) any legal practitioner who has or is appearing for any of the parties in the suit or in any other suit or proceedings;

(vii) such other categories of persons, as may be notified by the High Court.7. Venue for conducting mediation. – The mediator

shall conduct the mediation at one or other of the following places :(i) Venue of the Lok Adalat or permanent Lok Adalat.(ii) Any place identified by the High Court.(iii) Any place identified by the District Judge within the Court

precincts for the purpose of conducting mediation.(iv) Any place identified by the Bar Association or State Bar

Council for the purpose of mediation, within the premises of the Bar Association or State Bar Council, as the case may be.

(iv) Any other place as may be agreed upon by the parties subject to the approval of the Court.8. Preference. – The Court shall, while nominating any

person from the panel of mediators referred to in Rule 4, consider his suitability for resolving the particular class of dispute involved in the suit and shall give preference to those who have proven record of successful mediation or who have special qualification or experience in mediation.

9. Duty of mediator to disclose certain facts. – (a) When a person is approached in connection with his possible appointment as a mediator, the person shall disclose in writing to the parties, any circumstances likely to give rise to a justifiable doubt as to his independence or impartiality.

(b) Every mediator shall, from the time of his appointment and throughout the continuance of the mediation proceedings, without delay, disclose to the parties in writing, about the existence of any of the circumstances referred to in clause (a).

10. Cancellation of appointment. – Upon information furnished by the mediator under Rule 9 or upon any other information received from the parties or other persons, if the Court, in which the suit is filed, is satisfied, after conducting such inquiry as it deems fit, and after giving a hearing to the mediator, that the said information has raised a justifiable doubt as to the mediator’s independence or impartiality, it shall cancel the appointment by a reasoned order and replace him by another mediator.

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11. Removal or deletion from panel. – A person whose name is placed in the panel referred to in Rule 4 may be removed or his name be deleted from the said panel, by the Court which empanelled him, if:–(i) he resigns or withdraws his name from the panel for any

reason;(ii) he is declared insolvent or is declared of unsound mind;(iii) he is a person against whom criminal charges involving

moral turpitude are framed by a criminal court and are pending;

(iv) he is a person who has been convicted by a criminal court for any offence involving moral turpitude;

(v) he is a person against whom disciplinary proceedings on charges relating to moral turpitude have been initiated by appropriate disciplinary authority which are pending or have resulted in a punishment;

(vi) he exhibits or displays conduct, during the continuance of the mediation proceedings, which is unbecoming of a mediator;

(vii) the Court which empanelled, upon receipt of information, if it is satisfied, after conducting such inquiry as it deem fit, is of the view, that it is not possible or desirable to continue the name of that person in the panel :Provided that, before removing or deleting his name,

under clause (vi) and (vii), the Court shall hear the mediator whose name is proposed to be removed or deleted from the panel and shall pass a reasoned order.

12. Procedure of mediation. – (a) The parties may agree on the procedure to be followed by the mediator in the conduct of the mediation proceedings.

(b) Where the parties do not agree on any particular procedure to be followed by the mediator, the mediator shall follow the procedure hereinafter mentioned, namely:–(i) he shall fix, in consultation with the parties, a time

schedule, the dates and the time of each mediation session, where all parties have to be present;

(ii) he shall hold the mediation conference in accordance with the provisions of Rule 7;

(iii) he may conduct joint or separate meetings with the parties;

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(iv) each party shall, ten days before a session, provide to the mediator a brief memorandum setting forth the issues, which according to it, need to be resolved, and its position in respect to those issues and all information reasonably required for the mediator to understand the issue; such memorandum shall also be mutually exchanged between the parties;

(v) each party shall furnish to the mediator, copies of pleadings or documents or such other information as may be required by him in connection with the issues to be resolved.Provided that where the mediator is of the opinion that

he should look into any original document, the Court may permit him to look into the original document before such officer of the Court and on such date or time, as the Court may fix.(vi) each party shall furnish to the mediator such other

information as may be required by him in connection with the issues to be resolved.(c) Where there is more than one mediator, the

mediator nominated by each party shall first confer with the party nominated him and shall thereafter interact with the other mediators, with a view to resolving the disputes.

13. Mediator not bound by Evidence Act, 1872 or Code of Civil Procedure, 1908.– The mediator shall not be bound by the Code of Civil Procedure, 1908 or the Evidence Act, 1872, but shall be guided by principles of fairness and justice, have regard to the rights and obligations of the parties, usages of trade, if any, and the nature of the dispute.

14. Non-attendance of parties at sessions or meetings on due dates.– (a) The parties shall be present personally or may be represented by their counsel or power of attorney holders at the meetings or sessions notified by the mediator.

(b) If a party fails to attend a session or a meeting notified by the mediator, other parties or the mediator can apply to the Court in which the suit is filed, to issue appropriate directions to that party to attend before the mediator and if the Court finds that a party is absenting himself before the mediator without sufficient reason, the Court may take action against the said party by imposition of costs.

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(c) The parties not resident in India, may be represented by their counsel or power of attorney holders at the sessions or meetings.

15. Administrative assistance. – In order to facilitate the Conduct of mediation proceedings, the parties, or the mediator with the consent of the parties, arrange for administrative assistance by a suitable institution or person.

16. Offer of Settlement by Parties. – (a) Any party to the suit may, ‘without prejudice’, offer a settlement to the other party at any stage of the proceedings, with notice to the mediator.

(b) Any party to the suit may make a, ‘with prejudice’ offer, to the other party at any stage of the proceedings, with notice to the mediator.

17. Role of Mediator. – The mediator shall attempt to facilitate voluntary resolution of the dispute by the parties, and communicate the view of each party to the other, assist them in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and generating options in an attempt to solve the dispute, emphasizing that it is the responsibility of the parties to take decision which effect them; he shall not impose any terms of settlement on the parties.

18. Parties alone responsible for taking decision. – The parties must understand that the mediator only facilitates in arriving at a decision to resolve disputes and that he will not and cannot impose any settlement nor does the mediator give any warranty that the mediation will result in a settlement. The mediator shall not impose any decision on the parties.

19. Time limit for completion of mediation. – On the expiry of sixty days from the date fixed for the first appearance of the parties before the mediator, the mediation shall stand terminated, unless the Court, which referred the matter, either suo motu, or upon request by the mediator or any of the parties, and upon hearing all the parties, is of the view that extension of time is necessary or may be useful; but such extension shall not be beyond a further period of thirty days.

20. Parties to act in good faith. – While no one can be compelled to commit to settle his case in advance of mediation, all parties shall commit to participate in the

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proceedings in good faith with the intention to settle the dispute, if possible.

21. Confidentiality, Disclosure and Inadmissibility of Information. – (1) When a mediator receives confidential information concerning the dispute from any party, he shall disclose the substance of that information to the other party, if permitted in writing by the first party.

(2) When a party give information to the mediator subject to a specific condition that it be kept confidential, the mediator shall not disclose that information to the other party, nor shall the mediator voluntarily divulge any information regarding the documents or what is conveyed to him orally as to what transpired during the mediation.

(3) Receipt or perusal, or preparation of records, reports or other documents by the mediator, or receipt of information orally by the mediator while serving in that capacity, shall be confidential and the mediator shall not be compelled to divulge information regarding the documents nor in regard to the oral information nor as to what transpired during the mediation.

(4) parties shall maintain confidentiality in respect of events that transpired during mediation and shall not rely on or introduce the said information in any other proceedings as to:–

(a) views expressed by a party in the course of the mediation proceedings;

(b) documents obtained during the mediation which were expressly required to be treated as confidential or other notes, drafts or information given by parties or mediators;

(c) proposals made or views expressed by the mediator;(d) admission made by a party in the course of mediation

proceedings;(e) the fact that a party had or had not indicated

willingness to accept a proposal;(5) There shall be no stenographic or audio or video

recording of the mediation proceedings.22. Privacy. – Mediation sessions and meetings are

private, only the concerned parties or their counsel or power of attorney holders can attend. Other persons may attend only with the permission of the parties or with the consent of the mediator.

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23. Immunity. – No mediator shall be held liable for anything bona fide done or omitted to be done by him during the mediation proceedings for civil or criminal action nor shall he be summoned by any party to the suit to appear in a Court of law to testify in regard to information received by him or action taken by him or in respect of drafts or records prepared by him or shown to him during the mediation proceedings.

24. Communication between mediator and the Court. – (a) In order to preserve the confidence of parties in the Court and the neutrality of the mediator, there should be no communication between the mediator and the Court, except as stated in clauses (b) and (c) of this Rule.

(b) If any communication between the mediator and the Court is necessary, it shall be in writing and copies of the same shall be given to the parties or their counsel or power of attorney.

(c) Communication between the mediator and the Court shall be limited to communication by the mediator:

(i) with the Court about the failure of party to attend;(ii) with the Court with the consent of the parties;(iii) regarding his assessment that the case is not suited

for settlement through mediation;(iv) that the parties have settled the dispute or disputes.25. Settlement Agreement. – (1) Where an agreement

is reached between the parties in regard to all the issues in the suit or some of the issues, the same shall be reduced to writing and signed by the parties or their power of attorney holder. If any counsels have represented the parties they shall attest the signature of their respective clients.

(2) The agreement of the parties so signed and attested shall be submitted to the mediator who shall, with a covering letter signed by him, forward the same to the Court in which the suit is pending.

(3) Where no agreement is arrived at between the parties, before the time limit stated in Rule 19 or where, the mediator is of the view that no settlement is possible, he shall report the same to the said Court in writing.

26. Court to fix a date for recording settlement and passing decree. – (1) Within seven days of the receipt of any settlement, the Court shall issue notice to the parties fixing a day for recording the settlement, such date not being beyond a further period of fourteen days from the date

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of receipt of settlement, and the Court shall record the settlement, if it is not collusive.

(2) The Court shall then pass a decree in accordance with the settlement so recorded, if the settlement disposes of all the issues in the suit.

(3) If the settlement disposes of only certain issues arising in the suit, the Court shall record the settlement on the date fixed for recording the settlement, and (i) if the issues are servable from other issues and if a decree could be passed to the extent of the settlement covered by those issues, the Court may pass a decree straightaway in accordance with the settlement on those issues without waiting for a decision of the Court on the other issues which are not settled. (ii) if the issues are not servable, the Court shall wait for a decision of the Court on the other issues which are not settled.

27. Fee of mediator and costs. – (1) At the time of referring the disputes to mediation, the Court shall, after consulting the mediator and the parties, fix the fee of the mediator.

(2) As far as possible, a consolidated sum may be fixed rather than for each session or meeting.

(3) Where there are two mediators as in clause (b) of Rule 3, the Court shall fix the fee payable to the mediators which shall be shared equally by the two sets of parties.

(4) The expense of the mediation including the fee of the mediator, costs of administrative assistance, and other ancillary expenses concerned, shall be born equally by the various contesting parties or as may be otherwise directed by the Court.

(5) Each party shall bear the costs for production of witnesses on his side including experts, or for production of documents.

(6) The mediator may, before the commencement of mediation, direct the parties to deposit equal sums, tentatively, to the extent of 40% of the probable costs of the mediation, as referred to in sub-rules (1), (3) and (4). The remaining 60% shall be deposited with the mediator, after the conclusion of mediation. For the amount of costs paid to the mediator, he shall issue the necessary receipts and a statement of account shall be filed, by the mediator in the Court.

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(7) The expense of mediation including fee, if not paid by the parties, the Court shall, on the application of the mediator or parties, direct the concerned parties to pay, and if they do not pay, the Court shall recover the said amounts as if there was a decree for the said amount.

(8) Where a party is entitled to legal aid under Section 12 of the Legal Services Authorities Act, 1987 (39 of 1987), the amount of fee payable to the mediator and costs shall be paid by the concerned Legal Services Authority that Act.

28. Ethics to be followed by mediator. - The mediator shall: –(1) follow and observe these rules strictly and with due

diligence;(2) not carry on any activity or conduct which could

reasonably be considered as conduct unbecoming of a mediator;

(3) uphold the integrity and fairness of the mediation process;

(4) ensure that the parties involved in the mediation are fairly informed and have an adequate understanding of the procedural aspects of the process;

(5) satisfy himself/herself that he/she is qualified to undertake and complete the Assignment in a professional manner;

(6) disclose any interest or relationship likely to affect impartiality or which might seek an appearance of partiality or bias;

(7) avoid, while communicating with the parties, any impropriety or appearance of impropriety;

(8) be faithful to the relationship of trust and confidentiality imposed in the office of mediator;

(9) conduct all proceedings related to the resolutions of a dispute, in accordance with the applicable law;

(10) recognize that mediation is based on principles of self-determination by the parties and that mediation process relies upon the ability of parties to reach a voluntary, undisclosed agreement;

(11) maintain the reasonable expectations of the parties as to confidentiality;

(12) refrain from promises or guarantees of results. 29. Transitory provisions. – Until a panel of mediators

is prepared by the High Court and the District Court, the

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Courts, referred to in Rule 4, may nominate a mediator of their choice if the mediator belongs to the various classes of persons referred to in Rule 5 and is duly qualified and is not disqualified, taking into account the suitability of the mediator for resolving the particular dispute.

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2. Paralegal Volunteers Schemes

SCHEME FOR PARA-LEGAL VOLUNTEERS (REVISED)

&

MODULE FOR THE ORIENTATION - INDUCTION - REFRESHER COURSES FOR

PLV TRAINING

NATIONAL LEGAL SERVICES AUTHORITY12

12/11, JAM NAGAR HOUSE, SHAHJAHAN ROAD, NEW DELHI – 110 001.

TEL: 91-11-23382778 FAX: 23382121E-MAIL: nalsa1987@gmail.com

Website: www.nalsa.gov.in

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SCHEME FOR PARA-LEGAL VOLUNTEERS (REVISED)

INTRODUCTION During the year 2009 National Legal Services Authority (NALSA) brought out a scheme called the Para-Legal Volunteers Scheme which aimed at imparting legal training to volunteers selected from different walks of life so as to ensure legal aid reaching all sections of people through the process of Para-Legal Volunteers Scheme; ultimately removing the barriers into access to justice. The Para-Legal Volunteers (PLVs) are expected to act as intermediaries bridging the gap between the common people and the Legal Services Institutions to remove impediments in access to justice. Ultimately, the process aims at Legal Services Institutions reaching out to the people at their doorsteps rather than people approaching such Legal Services Institutions.

The western concept of 'Paralegals' cannot be totally adopted to Indian conditions having regard to illiteracy of large sections of the community: The hours of training as applicable to a regular academic course, cannot be adopted. It should be more like a bridge course conceptualised in a simple and need-based module. The PLVs have to be trained in the basics of different Laws which would be applicable at the grassroot level with reference to their day-to-day life, the subtle nuances employed in the working of a judicial system, and the functioning of various other stakeholders like the Police, officials from Social Welfare Department, Woman and Child Welfare Department and other departments dealing withdifferent beneficial schemes of Central and State Governments including the protection officers involved with Domestic Violence and Juvenile Justice Acts.

With the basic knowledge in the laws and other available welfare measures and legislation, they would be able to assist their immediate neighbourhood; Those who are in need of such assistance, so that a person, who is not aware of such right is not only made to understand his rights, but also will be able to have access to measures involving implementation of such rights.

PLVs are not only expected to impart awareness on laws and the legal system, but they must also be trained to counsel and amicably settle simple disputes between the parties at the source itself; which could save the trouble of the affected travelling all the way to the Legal Services Authority/ADR Centres. If the dispute is of such a nature, which cannot be resolved at the source with the assistance of PLVs, they could bring such parties to the ADR Centres, where, with the

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assistance of the Secretary in charge either it could be referred to Lok Adalat or Mediation Centre or Legal assistance could be provided for adjudication in a court of law; depending upon the nature of problem.

Though initially the NALSA Scheme of training of the PLVs included the legal fraternity of Advocates, Advocate community, later on experience revealed, the same to be unfeasible on account of conflict with the professional status of Advocates. The reality that marginalised people living in distant places will not have the benefit of lawyer PLVs also contributed to the practice being discontinued, and NALSA deciding that Advocates shall not be enlisted or engaged as PLVs.

The past experience gained from the working of the system after 2009 and also ground realities ascertained from the paralegals in the respective jurisdiction showed us that there has to be a re-look into the entire matter and who best could fit the role of a Para-Legal Volunteer. Initially, the training programme of PLVs was only for two-three days. Since the obligations of PLVs were vast in nature, it was felt, there has to be longer duration of training provided to the PLVs. At the same time, the training curriculum for PLVs adopted by NALSA cannot be such as to be training PLVs to become full-fledged lawyers. PLVs are not expected to conduct themselves as legal professionals. The aim of the training should concentrate on basic human qualities like compassion, empathy and a genuine concern and willingness to extend voluntary service without expectation of monetary gain from it. Then the line separating PLVs from professional lawyers should be zealously guarded.

MODALITIES Ideally every Taluk Legal Services Committee (TLSC) shall have

a panel of PLVs; of a maximum number of 25 (50) on their roll at any given point of time. The District Legal Services Authority (DLSA) shall have 50 (100) active PLVs on their roll.

PLVs shall be literate, preferably matriculate, with a capacity for overall comprehension.

Preferably PLVs shall be selected from persons, who do not look up to the income they derive from their services as PLVs, but they should have a mind-set to assist the needy in the society coupled with the compassion, empathy and concern for the upliftment of marginalised and weaker sections of the society. They must have unflinching commitment towards the cause which should be translated into the work they undertake.

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GROUPS from whom Para-Legal Volunteers can be selected

Teachers (including retired teachers) Retired Government servants and senior citizens. M.S.W students and teachers. Anganwadi Workers. Doctors/Physicians. Students & Law Students (till they enroll as lawyers). Members of non-political, service oriented NGOs and

Clubs. Members of Women Neighbourhood Groups, Maithri

Sanghams and other Self Help Groups including of marginalized/vulnerable groups.

Educated prisoners with good behaviour, serving long term sentences in prisons.

Any other person whom the District Legal Services Authority or Taluk Legal Services Committee deems fit to be identified as PLVs.

Selection of PLVs - District Level Selecting the PLVs shall be by a Committee chaired by the Chairman of the District Legal Services Authority. The Secretary shall be one of the Members of the Committee. The Committee shall consist in all of three members including the Chairman and the Secretary shall be one of the Members of the Committee. The third member, to be appointed at the discretion of the Chairman of the DLSA, shall be one capable of identifying suitable persons, who could be trained as PLVs. This selection process shall not be entrusted to any other body.

Selection of PLVs - Taluk Level

The Chairman of the District Legal Services Authority shall constitute a Committee consisting of the Chairman of DLSA, Member Secretary of DLSA and the Chairman of TLSC and a fourth person at the discretion of the Chairman of DLSA. The place of interview for Taluk Level PLVs shall be at the discretion of the Chairman of DLSA. The Member Secretary of DLSA shall co-ordinate with the selection process.

Empanelment process

Applications may be invited from the local residents by the respective DLSAs and TLSCs or Sub Divisional Legal Services Committee. There could be an advertisement, if required. Copies of either the advertisement or notice calling for applications could be sent to the

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offices of the Bar Association, Notice Board of the Court premises, Legal Services Authority Offices and District Panchayat Offices. The advertisement shall state the qualifications required for selection as PLVs as stated above with last date for the receipt of applications at the office of DLSA. There shall be a column in the application, wherein the candidate has to express willingness or place of preference to work at either district-level or taluk-level or village-level. In the advertisement there shall be clear mentioning that the work of PLVs does not carry any salary, remuneration or wages except honorarium fixed by the DLSA from time to time.

Method of SelectionThe Selection Committee is entitled to use its discretion and shortlist the number of candidates for interview depending upon the number of applications received. Preference shall be given to women while selecting PLVs. Representation from suitable applicants belonging to SC/ST, minority and other backward classes must be ensured.

Training of PLVs Under the supervision of Chairman of DLSA, PLVs shall undergo training programme, totally under the control of the Member Secretary. The training shall be held at a convenient place subject to discretion of the Chairman of DLSA. The number of PLVs to be trained at any given point of time in a training programme shall not exceed 50. Wherever the State Judicial Academy has facilities for training, the same may be availed of. The expenses for the training shall be incurred by the Judicial Academy for providing such facility to be reimbursed by the State Government/DLSA concerned.

Trainers/Resource Persons

In consultation with the State Legal Services Authority, the Chairman of DLSA shall identify the trainers for training the PLVs and other resource persons.

Suitable persons from the members of the Bar with training skills shall be included in the list of resource persons.

Others could include: NGOs associated with the activities of Legal Services Authority,

i.e., persons, who are exposed to the nature of work of the Legal Services Authority.

Master Trainers of mediation. Law Teachers from Law Colleges. Post-Graduate students of Law. Retired Professors of Law. Retired Judicial Officers.

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Revenue Officers. Officers from Social Welfare Department,. Public Prosecutors. Police Officers. Psychiatrists/Psychologists/Mental Health experts.

Nature of Training

Training that is to be provided to the PLVs would be in accordance with the curriculum prescribed by the NALSA and will be in the following formant:

(a) Orientation Programme.(b) Basic training.(c) Refresher course. There shall be periodical refresher training in order to assess the quality of work turned out by the PLVs. The Legal Services Authorities need to assess the work of PLVs and assist them to identify the deficits and how to tackle the problems faced by the PLVs after their experience in the field. There shall be annual congregation of PLVs so as to facilitate an exchange of experience. There shall be district-wise half-yearly meetings of PLVs to resolve their doubts and facilitatethe acquisition of knowledge and upgradation of their skills as per the module.

PLVs shall create awareness among citizens of the benefits of settlement of pending cases through Lok Adalats including the fact that the parties are entitledto refund of court fee and that there shall be no appeal.

Topics for TrainingA uniform training module for PLVs shall be prepared by NALSA which shall be applicable to the entire country and the module shall have a special emphasis on the conduct and behaviour of PLVs. The module so prepared shall be translated into regional languages.

Identity CardsAfter completion of the training by the District Legal Services Authority, the PLVs may be subjected to a written and oral test before the PLVs are declared to have successfully completed the training. On being declared successful, they may be given identity cards bearing the emblem of the District Legal Services Authority. The identity card shall have (i) serial number; (ii) name and address of the PLV; (iii) contact number of the PLV; (iv) photograph of the PLV; (v) the date of issue and the period of validity of the identity card. It shall be clearly

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printed on the reverse side of the identity card that the loss of the identity card should be reported to the nearest Police Station as also its recovery.

The identity card shall not be used for availing of travelling concession either in bus or in any mode of transport.

It shall not be used for availing of any governmental benefits or loan by the holder of the card.

The identity card shall not be used for availing of any other facilities, except for the purpose of identification of the person as PLV.

Validity of Identity Cards

The validity of the identity card shall be for a period of one year. A new card shall be issued to the PLV, if the Chairman, District Legal Services Authority finds him/her eligible to continue as PLVs for more than one year.

Mentors for PLVsDLSA and TLSC shall maintain a panel of Mentors/Guides whom the PLVs could contact in case of any clarification or assistance in connection with the discharge of their duties as PLVs. There shall not be more than ten PLVs for one Mentor.

Monthly Reports A monthly report of the existing PLVs, PLVs newly recruited and the training given to the PLVs shall be submitted by the DLSA to the SLSA. The SLSA shallsubmit a consolidated report of the details of the number of PLVs trained, the resource persons engaged, expenses incurred and the refresher courses, if any,organised, pertaining to each month, to the National Legal Services Authority before 15th day of every month.

NALSA shall cause the copies of such reports sent to the National Committee for Para-Legal Training and Legal Aid Activities set-up by the Chief Justice of India.

The SLSAs shall submit to the NALSA a consolidated District-wise report on the activities of the PLVs, specifically the number of persons attended and the nature of advice given and action taken.

Duties of Trained Para-Legal Volunteers

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Para-Legal Volunteer shall educate people, especially those belonging to weaker sections of the society, to enable them to be aware of their right to live with human dignity, to enjoy all the constitutionally and statutorily guaranteed rights as also the duties and discharge of obligations as per law.

Para-Legal Volunteers shall make people aware of the nature of their disputes/issues/problems and inform them that they can approach the TLSC/DLSA/HCLSC/SLSA/SCLSC so as to resolve the dispute/issue/problems through these institutions.

Para-Legal Volunteers shall constantly keep a watch on transgressions of law or acts of injustice in their area of operation and bring them immediately to the notice of the TLSC through telephonic message or a written communication or in person to enable effective remedial action by the Committee. When the PLV receives information about the arrest of a person in the locality, the PLV shall visit the Police Station and ensure that the arrested person gets legal assistance, if necessary, through the nearest legal services institutions.

The PLVs shall also ensure that the victims of crime also get proper care and attention. Efforts shall be made by the PLVs to secure compensation for the victims of crime under the provisions of Section 357-A Cr.P.C.

PLVs shall, with proper authorization from the DLSA/TLSC visit jails, lock-ups, psychiatric hospitals, children's homes/observation homes and shall ascertain the legal service needs of the inmates and intimate the authorities concerned about any absence noticed of basic essential necessities with special emphasis on hygiene.

PLVs shall report violations of child rights, child labour, missing children and trafficking of girl children to the nearest legal services institutions or to the child welfare committee. Para-Legal Volunteers shall assist the DLSA/TLSC for organizing legal awareness camps in their area of operation.

Para-Legal Volunteers shall give information to the people of their locality about the legal services activities of SLSA/DLSA/TLSC/HCLSC/SCLSC and shall provide their addresses to the people so as to enable them to utilize the free services rendered by the above organizations to the eligible persons.

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Para-Legal Volunteers shall generate awareness amongst people about the benefits of settlement of disputes including pre-litigation stage through Lok Adalats, Conciliation, Mediation and Arbitration.

Para-Legal Volunteers shall make people aware of the benefits of inexpensive settlement of disputes relating to Public Utility Services like P&T, Telephones, Electricity, Water Supply, Insurance and hospital services through Permanent Lok Adalat (PLA).

Para-Legal Volunteers shall submit monthly reports of their activities to the DLSA/TLSC under whom they are working in the prescribed format.

A diary to record the daily activities shall be maintained by each PLVs. The diary shall be printed and given to PLVs by the District Legal Services Authority. Such diary shall be verified and endorsed by the Secretary, DLSA or the Chairman, TLSC as the case may be.

Para-Legal Volunteers shall see that publicity materials on legal services activities are exhibited at prominent places in their area of activity.

Expenses incurred by Para-Legal VolunteersReasonable expenses incurred by Para-Legal Volunteers e.g Bus/Train fare, Postage, Telephone charges etc., may be reimbursed by the TLSC/DLSA/SLSA, on production of proof. Travel expenses limited to the lowest classes by road/rail/steamer to the legal aid beneficiaries brought by the Para-Legal Volunteers also may be reimbursed at the discretion of the Chairman.

The rate of daily honorarium payable to PLVs on the days of their engagement as such in metro-cities may be as determined by the SLSA.

The PLVs are not entitled to any travel expenses when they use the transport provided by SLSA/DLSA/TLSC.

Para-Legal Volunteers to work in the 'Front Offices' of the DLSA/TLSCs.

The Secretary, DLSA or TLSC may depute one or more PLVs to operate the 'front offices' of the legal services institutions.

Para-Legal Volunteers to work in the 'Legal Aid Clinics' of the DLSA/TLSCs.

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The Secretary, DLSA or TLSC may depute PLVs in the Legal Aid Clinics set up under the National Legal Services Authority (Legal Aid Clinics) Regulations, 2011. The PLVs engaged in the Legal Aid Clinics shall function in such clinics in accordance with the provisions of the aforesaid regulations.

Honorarium for the PLVs rendering services in the Legal Aid Clinics and Front Offices.

The State Legal Services Authority in consultation with the National Legal Services Authority may fix an honorarium for the PLVs engaged in the legal aid clinics.

However, such honorarium for those who have rendered services on any day shall not be less than Rs.250/- per day.

The PLVs who bring legal aid applicants from the distant villages to the legal services institutions at the Taluk/District level and to the District ADR Centers shall also be eligible to receive honorarium for such day at the same rate.

PLVs shall also be eligible for honorarium if on any particular day they assist persons in connection with the PLV work by accompanying such persons to various offices including Courts, however, subject to proof.

Para-Legal Volunteers to assist in the legal literacy classes and camps.

The PLVs in consultation with the nearest legal services institutions shall organise micro-legal literacy camps in the area of their operation by organising legal literacy classes for small groups of persons including labourers, women, children members of SC/ST etc. It shall be the duty of the PLVs to distribute information booklets and other publications of the Legal Services Authoritiesduring the legal literacy classes.

Resolving local disputes through ADR mechanism.

The PLVs shall take efforts to bring the parties of the locality involved in disputes, to settlement, by using the machinery of Lok Adalat, Mediation or Conciliation atthe District ADR Centers. If no District ADR Center has been set up in the District, the legal services institutions shall take steps for organising a suitable ADR mechanism like Lok Adalat, mediation,

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conciliation etc. in the village itself in coordination with the PLVs. The PLVs who bring such cases to the ADR process shall be entitled to receive the prescribed honorarium on the day when such proceedings are held.

Para-Legal Volunteers in Jails.

A few educated well-behaved prisoners serving long term sentences in the Central Prison and District Prisons may be identified for being trained as Para Legal Volunteers. Their services shall be available to the other prisoners in the jail including the under trial prisoners. The training of such PLVs may be conducted along with the other PLVs.

Payment.

They will be entitled to be paid as PLVs for the services rendered at the prescribed rate of honorarium payable to other PLVs.

Disqualifications of Para-Legal Volunteers and their removal.

The PLVs shall be disqualified and removed from the panel if he/she: Fails to evince interest in the Scheme. Has been adjudged insolvent. Has been accused of an offence. Has become physically or mentally incapable of acting as PLVs. Has so abused his/her position or misconducted in any manner

as to render his/her continuance prejudicial to the public interest. If she/he is an active political enthusiast of a political party. Any

such Para-Legal Volunteer may be removed by the Chairman, District Legal Services Authority after suitable enquiry and intimation of the same should be sent to the State Legal Services Authority.

National level meetings of Para-Legal Volunteers.

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The State Legal Services Authority may select suitable PLVs for attending the National Level programmes relating to PLVs to be organised by the National Legal Services Authority as the case may be. The State Legal Services Authority may recommend the names of PLVs who have given outstanding service for considering such PLVs for National awards to be instituted by the National Legal Services Authority.

The District Legal Services Authority to maintain a database of all Para-Legal Volunteers in the District.

The District Legal Services Authority shall maintain a directory of Para-Legal Volunteers and the same shall be updated periodically. The directory shall contain the details of the para-legal volunteers of District Authority and Taluk/Mandal/Sub-divisional Committees, their names, addresses, telephone/cell phone number, e-mail ID (if any), number and date of expiry of the identity card issued.

The State Legal Services Authority to maintain a database of all Para-Legal Volunteers in the State.

The State Legal Services Authority shall maintain a directory of Para-Legal Volunteers and the same shall be updated periodically. The directory shall contain the district wise details of the names of para-legal volunteers, their addresses, telephone/cell phone numbers, e-mail ID (if any), number and date of expiry of the identity card issued.

The Legal Services Authorities to work in co-ordination with the National Committee for Para-Legal Training and Legal Aid Activities set up by the Chief Justice of India.

The State, District and Taluk level legal services institutions shall work in coordination with the National Committee for Para-Legal Training and Legal Aid Activities set up by the Chief Justice of India. The directions, if any, given by the Hon'ble Chairman of the National Committee for Para-Legal Training and Legal Aid Activities shall be binding on all legal services institutions in the country.

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MODULE FOR THE ORIENTATION - INDUCTION - REFRESHER COURSES FOR PLV TRAINING

I. ORIENTATION COURSE

Immediately upon initial empanelment the PLVs shall be given a day's orientation course.

Course objectives:

The objective of the Orientation Programme is to provide an overview of the role of the PLVs and lay down the Code of Ethics that they will be required to be adhered to.

The Orientation Programme should include inter alia the following:• Introductions and Ice-Breaking Session• Purpose & Role of PLVs.• Basic Structure of the Constitution - Preamble etc.• Obligations of the State under the Constitution to the marginalised classes of society(Directive Principles of State Policy)• Fundamental Rights (including Articles 14,15,16,19,21,22)• Duties of a responsible citizen to the community (Fundamental Duties).• Article 39 A and Legal Services Authorities Act, 1987 and NALSA Regulations.• Do's and Don'ts for PLVs.• Dress Code and Standards of behaviour.• Materials• Ethics.

II INDUCTION COURSE

The induction training will be for a period of four days and should cover the following topics:• Basic listening, communication, observation skills and Drafting skills.

• Family Laws (Marriage Laws, Adoption, Maintenance, Custody and Guardianship, Judicial separation & Divorce).

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• Property Laws (Inheritance, Transfers of immovable property, Registration, Revenue Laws).• Criminal Laws (IPC & Cr.P.C {minimum required knowledge, especially, bail, arrest etc. S.357 A Cr.P.C., Rights of Prisoners under Jail Manual and Prisoner's Act etc}).

• Labour Laws (Minimum Wages Act 1948, Workmen's Compensation Act 1923, Unorganised Workers Welfare and Social Security Act 2008, The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, The Industrial Disputes Act, 1947 (Briefly), legal assistance under the NALSA Scheme (Legal Services to the Workers in the Unorganised Sector) Scheme, 2010.

• Gender Centric Laws/Women Laws - Equal Remuneration Act 1976, Maternity Benefit Act 1961, Protection of Women from Domestic Violence Act 2005, Medical Termination of Pregnancy Act 1971, Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Sexual Harassment at Workplace, Important provisions of IPC - Sections 509, 354, 376,304B, 366, 498A, 494, Dowry Prohibition Act, 1961.

• Laws relating to children - Juvenile Justice (Care and Protection of Children) Act, 2000, The Child Labour (Prohibition and Regulation) Act of 1986, Missing Children, The Factories Act 1948, Prohibition of Child Marriage Act, 2006.• SC & ST (Prevention of Atrocities) Act, 1989 and The Protection of Civil Rights Act, 1955.

• Government orders and schemes promoting social welfare, including MNREGA, Social Security Schemes (pensions, antodaya, insurance etc), obtaining various certificates (such as caste, disability, birth, income etc), obtaining ration card, Aadhar card, National Population Register, Voter ID-card, etc, obtaining Passport.

• Visits to Govt. Offices, Courts, Police Stations, Prisons, Revenue Offices, DLSAs, TLSCs etc. Interaction with Protection Officers, CWCs/JJBs, appropriate authority under PCPNDT Act, 1994 etc.

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III ADVANCE TRAINING

After the PLVs have had field experience for three months it is important that an advanced training programme is conducted lasting for three days. The occasion should be utilized by the Chairpersons of the DLSAs to discuss the work done by the PLVs, the shortcomings generally noticed and their continuance. The Mentors should also participate in this programme for guiding the PLVs to resolve the problems faced by the PLVs in the discharge of their duties and public interaction. The Chairpersons of the DLSAs should also obtain feedback from the PLVs in order to remove administrative bottlenecks. During this training programme the PLVs should be introduced to Special laws which could include:

• Right to Information Act, 2005• Motor Vehicles Act, 1988• Mental Health Act, 1987 and legal assistance under the NALSA scheme Legal Services to the mentally iII Persons and Persons with Mental Disabilities) Scheme, 2010.• Maintenance and Welfare of Parents and Senior CitizensAct, 2007.• Right to Education Act, 2009• Alternate Dispute Resolution (S 89 C.P.C.)• Basic skills in mediation and counselling• Lok Adalat, including pre-litigation and its benefits.• Plea-bargaining• Rights of marginalised groups such as those living with HIV/AIDS, Disabled, trans genders etc.• The Immoral Traffic (Prevention) Act, 1956 and issues relating to sex workers.• Disaster Management and Legal assistance to victims of disaster under the NALSA Scheme - Legal Services to Disaster Victims through Legal Services Authorities.• Environmental issues• The Protection of Children from Sexual Offences Act, 2012.

Ideally, the SLSAs should by itself or through the DLSAs organize workshops at regular intervals on special topics which could be for a day or two. These should be need based, that is to say, if on a review of the working of the PLVs, the SLSAs/DLSAs feel that certain subjects need to be revisited and discussed again or that

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in a given area certain issues exist which need to be addressed or tackledand which have not been dealt with by the prescribed course content, such topics and issues should be discussed in the one day/two days workshops.

Inter-District workshops should be organised by the SLSAs for a day to encourage experience sharing and introduction of better practices. Good work done could be recognised and appreciated and commendation certificates given on the occasion.3. National Legal Services Authority(Legal Aid Clinic) Regulation, 2011

TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART III, SECTION 4

NATIONAL LEGAL SERVICES AUTHORITY (LEGAL AID CLINICS) REGULATIONS, 2011

NOTIFICATION

New Delhi, dated 10th August, 2011

In exercise of the powers conferred by section 29 of the Legal Services Authorities Act, 1987 (39 of 1987) and in pursuance of the provisions in section 4 of the said Act the Central Authority hereby makes the following regulations, namely: -

1. Short title and commencement.- (1) These regulations may be called the National Legal Services Authority (Legal Aid Clinics) Regulations, 2011.

(2) They shall come into force 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 Legal Services Authorities Act, 1987 (39 of 1987);

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(b) “District ADR centre” means the District Alternative Dispute Resolution Centre established with the funds of the 13th

Finance Commission and includes any other similar facilities like Nyayaseva Sadans at the district level;

(c) “legal aid clinic” means the facility established by the District Legal Services Authority to provide basic legal services to the villagers with the assistance of Para-Legal Volunteers or Lawyers, on the lines of a primary health centre providing basic health services to the people in the locality and includes the legal aid clinic run by the law colleges and law universities;

(d) “legal services institution” means a State Legal Services Authority, District Legal Services Authority or the Taluk Legal Services Committee, as the case may be;

(e) “panel lawyer” means the panel lawyer selected under regulation 8 of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010;

(f) “para-legal volunteer” means a para-legal volunteer trained as such by a legal services institution; (g) “retainer lawyer” means a retainer lawyer selected under

regulation 8 of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010;

(h) “section” means the section of the Act;

2. All other words and expressions used in these regulations but not defined shall have the same meanings as assigned to them in the Act.

3. Establishment of legal aid clinic.-, Subject to the financial resources available, the District Legal Services Authority shall establish legal aid clinics in all villages, or for a cluster of villages, depending on the size of such villages, especially where the people face geographical, social and other barriers for access to the legal services institutions.

4. Eligibility criteria for free legal services in the legal aid clinic.- Every person who fulfils the criteria specified in section 12 shall be eligible to get free legal services in the legal aid clinics.

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5. The personnel manning the legal aid clinic.- (1) Every legal aid clinic established under regulation 3 shall have at least two para-legal volunteers available during the working hours of the legal aid clinics. (2) The legal services institution having territorial jurisdiction or the District Legal Services Authority may depute trained para-legal volunteers to the legal aid clinics. (3) When lawyers are deputed to the legal aid clinic, it shall be the duty of the para-legal volunteers engaged in such clinic to assist the lawyers in drafting petitions, applications, pleadings and other legal documents.

(4) The State Legal Services Authority may encourage para-legal volunteers to obtain diploma or degree in law for betterment of their prospects in the long run.

6. Deputing lawyers to the legal aid clinic. – (1) The nearest legal services institution having territorial jurisdiction may depute its panel lawyers or retainer lawyers to the legal aid clinic. (2) If the matter handled by any such lawyer requires follow-up and continuous attention for a long duration, the same lawyer who had handled the matter may be entrusted to continue the legal services.

7. Frequency of visit by lawyers in the legal aid clinic. – Subject to the local requirements and availability of financial resources, the legal services institution having territorial jurisdiction may decide the frequency of the lawyers’ visit in the legal aid clinics and if the situation demands for providing continuous legal services, such legal services institution may consider arranging frequent visits of lawyers in the legal aid clinic.

8. Selection of lawyers for manning the legal aid clinics.- (1) The Panel lawyers or retainer lawyers with skills for amicable settlement of disputes, shall alone be considered for being deputed to the legal aid clinic:

Provided that preference shall be given to women lawyers having practice of at least three years.

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9. Legal services in the legal aid clinic. - (1) Legal services rendered at the legal aid clinic shall be wide ranging in nature.

(2) The legal aid clinic shall work like a single-window facility for

helping the disadvantaged people to solve their legal problems whenever needed.

(3) Besides legal advice, other services like preparing applications for job card under the Mahatma Gandhi National Rural Employment Guarantee (MGNREG) Scheme, identity card for different government purposes, liaison with the government offices and public authorities, helping the common people who come to the clinic for solving their problems with the government officials, authorities and other institutions also shall be part of the legal services in the legal aid clinic:

Provided that the legal aid clinic shall provide assistance by giving initial advice on a problem, assistance in drafting representations and notices, filling up of forms for the various benefits available under different government schemes, public distribution system and other social security schemes:

Provided further that, in appropriate cases, the legal services sought for by the applicants in the legal aid clinic shall be referred to the legal services institutions for taking further action.

10. Functions of para-legal volunteers in the legal aid clinic.- (1) The para-legal volunteers engaged in the legal aid clinic shall provide initial advice to the persons seeking legal service, help such people, especially the illiterate, in drafting petitions, representations or notices and filling-up the application forms for various benefits available under the government schemes.

(2) para-legal volunteers shall, if necessary, accompany the persons seeking legal services to attend the government offices for interacting with the officials and for solving the problems of such persons.

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(3) If services of a lawyer is required at the legal aid clinic, the para-legal volunteers shall, without any delay, contact the nearest legal services institution to make available the services of a lawyer.

(4) In case of emergency, the para-legal volunteers may take the persons seeking legal services in the legal aid clinic to the nearest legal services institutions. (5) para-legal volunteers shall distribute pamphlets and other materials in aid of legal education and literacy to the persons seeking legal services in the legal aid clinic. (6) para-legal volunteers shall take active part in the legal awareness camps organised by the legal services institutions in the local area of the legal aid clinic.

11. Location of legal aid clinic. – (1) Legal aid clinics shall be located at places where the people of the locality can have easy access. (2) The legal services institutions may request the local body institutions, such as the village panchayat, to provide a room for establishing legal aid clinics:

Provided that if no such rooms are available, the District Legal Services Authority may take a room on rent till alternative accommodation is available for establishing the legal aid clinic.

12. Assistance of the local body institutions in obtaining a convenient room for the legal aid clinic. – (1) The State Legal Services Authority shall call upon the local body institutions like the village panchayat, mandal or block panchayat, municipality and corporation etc, to provide space for the functioning of the legal aid clinic. (2) Since the legal aid clinic is for the benefit of the people in the locality, the State Legal Services Authority may impress upon the local body institution and the district administration the need to co-operate with the functioning of the legal aid clinics.

13. Sign-board exhibiting the name of the legal aid clinic. – (1) There shall be a sign-board, both in English and in the local language, depicting the name of the legal aid clinic, working hours and the days on which the legal aid clinic shall remain open.

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(2) Working hours of the legal aid clinic shall be regulated by the legal services institution having territorial jurisdiction, in consultation with the District Legal Services Authority:

Provided that subject to the local conditions and requirements of the people in the locality, legal aid clinics shall function on all Sundays and holidays.

14. Infrastructure in the legal aid clinic. – (1) Every legal aid clinic shall have at least the basic and essential furniture like a table and 5 to 6 chairs. (2) If the legal aid clinic is established in the building of the local body institutions, such local bodies may be requested to provide the essential furniture for use in the legal aid clinic. (3) If the legal aid clinic is established in hired premises, the District Legal Services Authority may provide the furniture required in the legal aid clinic:

Provided that if the District Legal Services Authority has its own building to establish legal aid clinic, the infrastructural facilities shall be provided by such Authority.

15. Publicity. – (1) Local body institutions shall be persuaded to give adequate publicity for the legal aid clinic. (2) The elected representatives of the local body institutions may be persuaded to spread the message of the utility of legal aid clinic to the people in his or her constituency or ward.

16. Para-legal volunteers or lawyers in the legal aid clinic shall attempt to resolve disputes amicably. – (1) The para-legal volunteers or the lawyers engaged in the legal aid clinics shall attempt to amicably resolve the pre-litigation disputes of the persons brought to the legal aid clinics.(2) If the para-legal volunteers or the lawyers feel that such dispute can be resolved through any of the ADR mechanisms, they may refer such disputes to the legal services institution having territorial jurisdiction or to the District ADR centre.

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17. Honorarium for the lawyers and para-legal volunteers rendering services in the legal aid clinics.- (1) Subject to the financial resources available, the State Legal Services Authority in consultation with the National Legal Services Authority may fix the honorarium of lawyers and para-legal volunteers engaged in the legal aid clinics:

Provided that such honorarium shall not be less than Rs. 500/- per day for lawyers and Rs. 250/- per day for the para-legal volunteers.

(2) Special consideration may be given in cases where the legal aid clinic is situated in difficult terrains and in distant places where transport facilities are inadequate.

18. The nearest legal services institutions to organise lok adalats at the

legal aid clinic or near to its premises. – (1) The nearest legal services institution having territorial jurisdiction or the District Legal Services Authority may organise lok adalats for pre-litigation disputes at the legal aid clinic or in its vicinity.(2) The lok adalats organised for pre-litigation settlement of the disputes sent from the legal aid clinic shall follow the procedure prescribed in sub-section (2) of section 20 and also the provisions in the National Legal Services Authority (Lok Adalats) Regulations, 2009.

19. Administrative control of the legal aid clinic.- (1) legal aid clinics shall be under the direct administrative control of the District Legal Services Authority (2) The State Legal Services authority shall have the power to issue instructions and guidelines on the working of the legal aid clinics.

20. Maintenance of records and registers.- (1) lawyers and para-legal volunteers rendering service in the legal aid clinic shall record their attendance in the register maintained in the legal aid clinic. (2) There shall be a register in every legal aid clinic for recording the names and addresses of the persons seeking legal services, name of the lawyer or para-legal volunteer who renders services in the legal aid clinic, nature of the service rendered, remarks of the lawyer or para-legal volunteer and signature of persons seeking legal services.

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(3) The records of the legal aid clinics shall be under the control of the Chairman or the Secretary of the legal services institution having territorial jurisdiction over it. (4) The District Legal Services Authority may require the legal aid clinic to maintain other registers also, as may be required. (5) It shall be the duty of the para-legal volunteers and the lawyers in the legal aid clinic to hand over the registers to the legal services institution having territorial jurisdiction as and when called for.

21. Use of mobile lok adalat vehicle. – (1) The lawyers rendering legal services in the legal aid clinic or the para-legal volunteers may request the District Legal Services Authority to send the mobile lok adalat van with members of the lok adalat bench to the legal aid clinic for settlement of the disputes identified by them. (2) The mobile lok adalat van fitted with the facilities for conducting the proceedings of the lok adalat may also be used for conducting lok adalat at the legal aid clinic or at a place near to it or even at village congregations such as melas and other festive occasions.

22. Legal aid clinics run by the law students. – The above regulations shall mutatis mutandis be applicable to the student legal aid clinics set up by the law colleges and law universities:

Provided that students of law colleges and law universities also may make use of the legal aid clinics established under these regulations with the permission of the District Legal Services Authority.

23. Law students may adopt a village for legal aid camps. – (1) Law

students of the law colleges or law universities may adopt a village, especially in the remote rural areas and organise legal aid camps in association with the legal aid clinic established under these regulations. (2) The law students may, with the assistance of the para-legal volunteers engaged in the legal aid clinics, conduct surveys for identifying the legal problems of the local people.

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(3) The surveys referred to in sub-regulation (2) may include gathering information relating to the existing litigations and unresolved pre-litigation disputes also. (4) The surveys referred to sub-regulation (2) may also focus on the grievances of the local people which would enable the National Legal Services Authority to take necessary steps by way of social justice litigation as provided in clause (d) of section 4. (5) The law students conducting such surveys shall send reports to the State Legal Services Authorities with copies to the legal services institutions having territorial jurisdiction and also to the District Legal Services Authority.

24. Legal aid clinics attached to the law colleges, law universities and other institutions. – (1) The law colleges, law universities and other institutions may set up legal aid clinics, as envisaged in clause (k) of section 4 attached to their institutions as a part of the clinical legal education. (2) The law colleges, law universities and other institutions establishing such legal aid clinic shall inform the State Legal Services Authority about the establishing of such legal aid clinic. (3) The State Legal Services Authority shall render the required technical assistance for the operation of such legal aid clinics and shall take measures to promote the activities of such legal aid clinics. (4) The law students in the final year classes may render legal services in such legal aid clinics under the supervision of the faculty member of their institution. (5) The State Legal Services Authority may organise alternative dispute resolution camps, including lok adalats, to resolve the problems of the people who seek legal aid in such legal aid clinics. (6) The District Legal Services Authority may issue certificates to the students who complete their assignment in such legal aid clinics.

25. Services of para-legal volunteers trained by the Legal Services Authorities may be made available in the legal aid clinics run by the Law Colleges, Law Universities etc. – Trained para-legal volunteers may be deputed to the legal aid clinics established under regulation 24 for assisting the persons seeking free legal services and for interacting with the students and the members of the faculty.

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26. The State Legal Services Authorities to conduct periodical review of the functioning of legal aid clinics.-(1) The State Legal Services Authority shall collect monthly reports from the District Legal Services Authorities, law colleges and law universities on the functioning of legal aid clinics working in their jurisdiction. (2) The State Legal Services Authority shall conduct periodical review of the working of such legal aid clinics at least once in three months or more frequently. (3) The State Legal Services Authority may issue directions from time to time for improving the services in the legal aid clinics to ensure that members of the weaker sections of the society are provided legal services in an efficient manner. (4) The State Legal Services Authority shall send quarterly reports about the functioning of the Legal Aid Clinics within their jurisdiction to the National Legal Services Authority.

4. Schemes of State Legal Services Authority

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38

vlgk;] ihfM+r ,oa vf/kfu;e ds varxZr ik= O;fDr;ksa dks leLr U;k;ky;ksa esa muds fo:) py jgs izdj.k ;k muds }kjk U;k;ky; esa izLrqr fd;s tkus okys izdj.kksa esa fu%’kqYd fof/kd lgk;rk nh tkrh gSAfof/kd lgk;rk@lykg dkSu O;fDr izkIr dj ldrk gS\,slk O;fDr fof/kd lgk;rk@lykg izkIr dj ldrk gS&

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vleFkZ gS ;k fu;ksZX; gSA fu;ksZX; dk rkRi;Z gS%&d- va/kkiu[k- detksj fn[kkbZ nsukx- ftls dq"B jksx gS?k- de lqukbZ nsuk gSM- tks py&fQj ugha ldrkp- tks fnekxh :i ls fcekj gks

5- ,slk O;fDr tks cgqfouk’k] tkrh; fgalk ;k tkrh; vR;kpkj dk lrk;k x;k gS] izk—frd vkink tSls Hkwdai] ck<+] lw[kk vkfn ls ihfM+r gSA

6- ,slk O;fDr tks vkS|ksfxd deZpkjh gS ¼QSDVjh] daiuh esa dke djrk gS½

7- ,slk O;fDr tks canh gSA8- ,slk O;fDr ftldh lkykuk dh vkenuh 1 yk[k :i;s ls

T;knk ugha gSAfdl rjg dh fof/kd lgk;rk feyrh gS&

fof/kd lgk;rk ds ik= O;fDr ftldk izdj.k vnkyr esa py jgk gks ;k pykuk gS] ml ekeys esa yxus okyh %&

39

1-dksVZ QhlA2-ryokukA3-Vkbfiax@QksVksdkih [kpZA4-xokg dk [kpZA5-vuqokn djkus esa yxus okyk [kpZA6-fu.kZ;@vkns’k rFkk vU; dkxtkrksa dh izekf.kr

izfrfyfi izkIr djus dk iwjk [kpZA7-odhy QhlA

mijksDr fof/kd lgk;rk rglhy U;k;ky; ls ysdj ftykLrj ds lHkh U;k;ky;ksa@vf/kdj.kksa mPp U;k;ky;ksa o loksZPp U;k;ky; esa iznku djkbZ tkrh gSAikfjokfjd fookn lek/kku dsUnz ;kstukbl ;kstuk ds varxZr ifjokj ds lnL;ksa ds e/; mRiUu

fookn tSls ikfjokfjd lEifRr] Hkj.k&iks"k.k] cPpksa dh lqj{kk@ns[kHkky vkfn fooknksa dk fuiVkjk fd;k tkrk gS bl izdkj ds ikfjokfjd fooknksa dk funku ln~Hkkoiw.kZ okrkoj.k esa vkilh le>kSrs ds vk/kkj ij ftyk ,oa rglhy Lrj ij LFkkfir ikfjokfjd fookn lek/kku dsUnzksa }kjk djk;k tkrk gSA bl laca/k esa ftys esa inLFk ftyk fof/kd lgk;rk vf/kdkjh dks vkosnu fn;k tk ldrk gSA bu dsUnzksa }kjk djk;k x;k le>kSrk xqIr j[kk tkrk gS ftlls ifjokj ds lEeku dks Bsl ugha igaqprh gSA

ftyk fof/kd ijke’kZ dsUnz ;kstukizR;sd ftys esa ftyk U;k;ky; ifjlj esa LFkkfir ftyk

fof/kd lsok izkf/kdj.k dk;kZy; esa ftyk fof/kd ijke’kZ dsUnz dk;Zjr gSA ftyk fof/kd ijke’kZ dsUnz }kjk ,sls O;fDr;ksa dks tks vf’k{kk o vKkurk ds dkj.k vius drZO; o vf/kdkj ugha tkurs rFkk vius dkuwuh ,oa oS/kkfud vf/kdkjksa dh tkudkjh ls oafpr jgrs gSa ;k ftUgsa fdlh fof/kd ijke’kZ dh vko’;drk gksrh gS mUgsa fu%’kqYd

40

fof/kd ijke’kZ nsdj mudh leL;kvksa dk funku fd;k tkrk gSA

eftLVªsV U;k;ky;ksa esa fof/kd lgk;rk vf/koDrk ;kstuk

;g ;kstuk izR;sd ftyk ,oa rglhy Lrj ij LFkkfir eftLVªsV U;k;ky;ksa esa ykxw gSA blds varxZr eftLVªsV U;k;ky;ksa esa fu:) cafn;ksa dks fjek.M izdj.kksa esa iSjoh djus ,oa tekur ds fy, vkosnu nssus gsrq ftyk fof/kd lsok izkf/kdj.k }kjk fu%’kqYd vf/koDrk fu;qDr fd;k tkdj fof/kd lgk;rk miyC/k djkbZ tkrh gSA dksbZ Hkh O;fDr Lor% ;k vius fj’rsnkj }kjk U;k;ky; esa cSBs eftLVªsV vFkok ftyk fof/kd lgk;rk vf/kdkjh dks vkosnu nsdj lgk;rk izkIr dj ldrk gSA

yhxy ,M Dyhfud;g Dyhfud e/;izns’k mPp U;k;ky; dh eq[; ihB tcyiqj

,oa mldh nksuksa [k.MihB bUnkSj ,oa Xokfy;j esa LFkkfir mPp U;k;ky; fof/kd lsok lfefr;ksa ,oa izns’k ds leLr ftyk U;k;ky;ksa esa LFkkfir ftyk fof/kd lsok izkf/kdj.kksa esa dk;Zjr gS] tgkWa dk;Z fnol esa ;ksX; vfHkHkk"kd cSBdj yksxksa dks mudh leL;kvksa ds ckjs esa eq¶r dkuwuh lgk;rk vkSj lykg nsrs gSaA

Jfedksa ds fo:) vijk/k & izdks"BJe] fof/k;ksa ds izHkkodkjh fØ;kUo;u] Jfed

dkexkjksa dh lqj{kk] mUgsa fu/kkZfjr etnwjh fnykus] efgyk dkexkjksa ds izfr HksnHkko ,oa mUgsa ySafxd izrkM+uk ls jksdus rFkk cPpksa dks Jfed ds :i esa dk;Z djus ls jksdus ds laca/k esa ,oa fgrxzkgh dks U;k; fnykus ds fy, jkT; ds izR;sd ftys esa ftyk U;k;k/kh’k dh v/;{krk esa ^Jfedksa ds fo:) vijk/k&izdks"B* dk xBu fd;k x;k gSA dksbZ Hkh ihfM+r Jfed ftlds fo:) vU;k; ;k vR;kpkj gks jgk gS ;k mls leku etnwjh u nsdj HksnHkko fd;k tk jgk gS] og U;k; izkIr djus ,oa vius

41

vf/kdkjksa dh lqj{kk ds fy, mDr izdks"B esa tkdj vkosnu ns ldrk gSA

fookn foghu xzke ;kstuk^^fookn foghu xzke** dk rkRi;Z ,sls xkaoksa ls

gS ftlesa ml xkao esa jgus okys O;fDr;ksa esa dksbZ fookn u gks vkSj ;fn gks rks mls vkilh ln~Hkko] le>kSrs ;k U;k;ky;@yksd vnkyr ds ek/;e ls 'kh?kz fuiVk fy;k x;k gks vkSj ml xzke esa dksbZ fookn 'ks"k u jg x;k gksA ;g dk;Z ftyk izkf/kdj.k ,oa rglhy fof/kd lsok lfefr;ksa }kjk fd;k tkrk gSA

fof/kd lk{kjrk f’kfoj ;kstuke/;izns'k jkT; fof/kd lsok izkf/kdj.k }kjk fof/kd

lk{kjrk Ldhe] 1999 cukbZ xbZ gS ftlds vuqlkj e/;izns’k esa fof/kd lk{kjrk vfHk;ku pyk;k tk jgk gS] ftlds rgr mPp U;k;ky; Lrj] ftyk Lrj ,oa rglhy Lrj ij 'kgjh xanh cfLr;ksa ,oa lqnwj xzkeh.k vapyksa esa fof/kd lk{kjrk f’kfojksa dk vk;kstu fd;k tk jgk gSA bu f’kfojksa esa U;k;k/kh’kx.k] vf/koDrk] xSj ljdkjh Lo;alsoh laxBuksa ds lnL;] vf/kdkjh] efgyk] vuqlwfpr tkfr] vuqlwfpr tutkfr] fiNM+k oxZ] fu%’kDr O;fDr] fof/k f’k{kd] fof/k fo|kfFkZ;ksa ds izfrfuf/k jgrs gS tks fof/kd lk{kjrk f’kfojksa esa yksxksa] fo’ks"kdj vuqlwfpr tkfr] tutkfr] fiNM+k oxZ] efgyk] cPpksa] 'kksf"krksa] ihfM+r fdlku] Jfed oxksZ dh fnu izfrfnu dh leL;kvksa dk lek/kku dj] muds ekSfyd ,oa oS/kkfud vf/kdkjksa rFkk muds fgr laj{k.k esa cuk;s x;s fofHkUu dkuwuksa ,oa ;kstukvksa dh tkudkjh nsdj mUgsa fof/kd tkx:d cuk;k tkrk gSA NqvkNwr] ngst izFkk] ca/kqvk etnwj] cky fookg vkfn dqjhfr;ksa ,oa cqjkbZ;ksa ds lkFk Hkj.k&iks"k.k] miHkksDrk Qksje vkfn fo"k;d uqDdM+ ukVd rS;kj fd;s x;s gS] ftudk tslhl Dyc] yk;Ul Dyc] jksVjh Dyc] xSj ljdkjh ,oa ljdkjh dY;k.kdkjh foHkkxksa ds lg;ksx ls eapu djk;k tkdj

42

yksxksa dks fof/kd tkx:d cuk;k tkrk gSA blds vfrfjDr izkf/kdj.k }kjk lapkfyr fof/kd lsok ¼fof/kd lgk;rk@lykg½] yksd vnkyr ;kstuk] fof/kd lk{kjrk vkfn ;kstukvksa ls lacaf/kr xhr laxhr] vkfM;ks dSlsV ds ek/;e ls tkudkjh nh tkrh gSA isEiysVl] iksLVj] gS.MfcYl] fyVªspj vkfn forfjr dj o`gn izpkj&izlkj fd;k tkdj yksxksa dks fof/kd tkx:d cuk;k tk jgk gSA

efgyk ,oa cky lqj{kk bdkbZ dk;ZØeefgyk ,oa cPpksa ls lacaf/kr leL;kvksa dk funku dj

mUgsa 'kh?kz U;k; fnyk;s tkus ds mn~ns’; ls izR;sd ftyk eq[;ky; ij ftyk U;k;k/kh’k dh v/;{krk esa ^^efgyk ,oa cky lqj{kk bdkbZ** dk xBu fd;k x;k gSA ;g bdkbZ efgyk ,oa cPpksa esa muds fof/kd vf/kdkjksa] drZO;ksa ds laca/k esa mUgsa tkx:d dj mudh leL;kvksa dk funku djrh gSA

iSjkyhxy okysfUV;lZ ;kstukjk"Vªh; fof/kd lsok izkf/kdj.k dh iSjkyhxy

okysfUV;lZ ;kstukUrxZr vke ukxfjdksa ds lkFk&lkFk nwjLFk xzkeh.k vapyksa esa fuokl djus okys xzkeh.ktu ftUgsa vKkurk] vf’k{kk] vkfFkZd fu;ksZX;rk ,oa vU; dkj.kksa ls vius vf/kdkj] dRrZO;] 'kklu }kjk pykbZ tk jgh dY;k.kdkjh ;kstuvksa] fu;e dkuwu ,oa U;k;ky;hu izfØ;k vkfn dh tkudkjh u gksus ds dkj.k os ykHk izkIr ugha dj ikrs gSaA mUgsa 'kklu dh ;kstukvksa] fof/kd lsok ;kstukvksa dk ykHk fnykus rFkk fnu izfrfnu dh leL;kvksa ds fujkdj.k djkus ds mn~ns’; ls e/;izns'k jkT; fof/kd lsok izkf/kdj.k }kjk ftyk ,oa rglhy Lrj ij ,sls fo[;kr lkekftd dk;ZdrkZ] vf/koDrk] vkaxuokM+h dk;ZdrkZ] lsokfuo`Rr vf/kdkjhx.k tks LosPNk ls iSjkyhxy okysfUV;lZ ds :i esa dk;Z djus gsrq lger gSa mUgsa vko’;d izf’k{k.k fn;k tkdj ftyk Lrj ij ftyk fof/kd lsok izf/kdj.k rFkk rglhy Lrj ij rglhy fof/kd

43

lsok lfefr ds dk;kZy; esa fu;qDr fd;k tk jgk gSA orZeku esa iwjs e/;izns’k esa 2455 iSjkyhxy okyasfV;lZ gSA

e/;LFkrk izf’k{k.k dk;ZØeU;k;ky;ksa esa izdj.kksa ds c<+rs cks> dks de

djus ds fy, flfoy izfØ;k lafgrk 1908 dh /kkjk 89 ds varxZr ^^e/;LFkrk** ,d ljy ,oa fu"i{k izfØ;k gSA blds }kjk e/;LFk vf/kdkjh ncko jfgr okrkoj.k esa mHk;i{kksa ds fooknksa dk fujkdj.k djkrs gSaA mHk; i{k e/;LFk dh enn ls viuh bPNk ls ln~Hkkoiw.kZ okrkoj.k esa fookn dk lek/kku fudkyrs gSa tks lHkh i{kksa dks ekU; gksrk gSA bl i)fr ds }kjk fooknksa dk fuiVkjk 'kh?kz gks tkrk gS vkSj [kpZ Hkh de gksrk gS lkFk gh U;k;ky;ksa ij c<+rs izdj.kksa dh la[;k Hkh de gksrh gSA

e/;LFk& U;k;/kh’k] vf/koDrk o lkekftd dk;ZdrkZ gksrs gSa ftUgsa ehfM,’ku ,.M dalhfy,’ku izkstsDV desVh mPpre U;k;ky; ubZ fnYyh ds laj{k.k esa 40 ?kaVs dk ehfM,’ku ¼e/;LFkrk½ izf’k{k.k fn;k tkrk gSA

e/;LFkrk dsUnz mPp U;k;ky; Lrj] ftyk U;k;ky; Lrj ,oa rglhy U;k;ky; Lrj ij LFkkfir gS] ftlesa ¼VsªaM ehfM,Vj½ U;k;k/kh’kx.k] vf/koDrkx.k ,oa vU; O;fDr tks fu"i{k e/;LFkrk ds fy, iw.kZr% izf’kf{kr gS nckojfgr gksdj fooknksa dk fuiVkjk djkrs gSA

fooknksa ds oSdfYid fujkdj.k dh izfd;k ds varxZr izdj.kksa esa e/;LFkrk o vkilh lqyg le>kSrs ds ek/;e ls fujkdj.k djkus ds fy, e-iz- jkT; fof/kd lsok izkf/kdj.k }kjk le;&le; ij dk;Zdze vk;ksftr dj U;kf;d vf/kdkjhx.k] vf/koDrkx.k] lkekftd dk;ZdrkZx.kksa dks ehfM,’ku izf’k{k.k fnyk;k tkrk gSA

yksd vnkyr ;kstuke/;izns’k jkT; fof/kd lsok izkf/kdj.k yksxksa dks

'kh?kz lLrk ,oa lqyHk U;k; miyC/k djkus ds mn~ns’; ls] 44

vkilh le>kSrs ds vk/kkj ij fooknksa ds fujkdj.k ds fy;s] jk"Vªh; fof/kd lsok izkf/kdj.k ds funsZ’k@xkbZMykbu ,oa yksd vnkyr Ldhe 1997 ds vuqlkj izns’k esa mPp U;k;ky;] ftyk U;k;ky; ,oa rglhy U;k;ky;ksa esa izR;sd ekg yksd vnkyrsa vk;ksftr dh tkrh gS vkSj i{kdkjksa dh vkilh lgefr ls fooknksa dk fujkdj.k djk;k tkrk gSA

eq[; :i ls yksd vnkyr esa nks izdkj ds izdj.kksa ij fopkj fd;k tkrk gS %&

¼1½ ,sls izdj.k tks U;k;ky; esa fopkjk/khu gSA¼2½ ,sls izdj.k tks vHkh U;k;ky; esa izLrqr ugha

gq, gSa ¼izhfyfVxs’ku izdj.k½AorZeku esa e/;izns’k jkT; fof/kd lsok izkf/kdj.k

ds }kjk fuEu izdkj dh yksd vnkyrksa dk vk;kstu djk;k tk jgk gS %&

1-us’kuy yksd vnkyrA2-esxk yksd vnkyrA3-LFkk;h ,oa fujarj yksd vnkyrA4-yksd mi;ksxh lsokvksa ds fy, LFkk;h yksd vnkyr

¼/kkjk 22¼ch½ds varxZRk½A5-egkRek xka/kh jk"Vªh; xzkeh.k jkstxkj

xkjaVh ;kstuk varxZr yksd vnkyrA6-tsy yksd vnkyrA7-Iyh&ckjxsfuax izfØ;k ds varxZr fujk—r izdj.kA8-eksckby yksd vnkyrA9-ikfjokfjd efgyk yksd vnkyrA

1-us’kuy yksd vnkyr%& us’kuy yksd vnkyr ,d izdkj dh o`gn yksd vnkyr gS] ftldk vk;kstu izfrOk"kZ jk"Vªh; fof/kd lsok izkf/kdj.k] ubZ fnYyh ds funsZ’k vuqlkj ,d lkFk] ,d gh fnu ns’k ds lHkh U;k;ky;ksa LRkj ij mPp U;k;ky; ls ysdj] ftyk U;k;ky; ,oa rglhy

45

U;k;ky; ¼rkyqdk Lrj½ esa vk;ksftr dh tkrh gS] mDr yksd vnkyr esa vkijkf/kd] flfoy] fo|qr vf/kfu;e] Je] eksVj] nq?kZVuk] nkok] izhfyfVxs’ku izdj.k] fuxksf’k,fcy baLVwesUV ,DV ds varXkZr pSd ckmUl izdj.k] miHkksDrk Qksje] dqVqEc U;k;ky;] xzke U;k;ky;] jktLo U;k;ky; rFkk vU; izdkj ds izdj.kksa dk vf/kd ls vf/kd la[;k esa fujkdj.k fd;k tkrk gSA

2-esxk yksd vnkyr%& esxk yksd vnkyr ,d izdkj dh o`gn yksd vnkyr gS] tks e/;izns’k jkT; fof/kd lsok izkf/kdj.k ds dk;Zikyd v/;{k egksn; ds funsZ’kkuqlkj izns’k ds leLr U;k;ky;ksa mPp U;k;ky; Lrj ls ysdj] ftyk U;k;ky; ,oa rkyqdk Lrj ij ,d lkFk ,d gh fnu vk;ksftr dh tkrh gS] ftlessa vkijkf/kd] flfoy] fo|qr vf/kfu;e] Je] eksVj] nq?kZVuk] nkok] izhfyfVxs’ku izdj.k] fuxksf’k,fcy baLVwesUV ,DV ds varXkZr pSd ckmUl izdj.k] miHkksDrk Qksje] dqVqEc U;k;ky;] xzke U;k;ky;] jktLo U;k;ky; ds vfrfjDr 'kklu ds leLr foHkkxksa ds izdj.k@vkosnu i=ksa ¼yhxy lfoZl esVlZ½ bR;kfn dk vf/kd ls vf/kd la[;k esa fujkdj.k fd;k tkrk gSA

mDRk yksd vnkyr izns’k esa le;&le; ij fo’ks"k fo|qr esxk yksd vnkyr] ch-,l-,u-,y- esxk yksd vnkyr] xSl jkgr yksd vnkyr ds uke ls Hkh vk;ksftr dh tkrh gS] ftlesa lacaf/kr foHkkxksa@Hkksiky xSl jkgr izdj.kksa dk fujkdj.k fd;k tkrk gSA

3-LFkk;h ,oa fujarj yksd vnkyr%& LFkkbZ ,oa fujarj yksd vnkyr] fof/kd lsok izkf/kdj.k vf/kfu;e 1987 ds varxZr e/;izns’k jkT; fof/kd lsok izkf/kdj.k }kjk fufeZr yksd vnkyr Ldhe 1997 ds vuqlkj tufgr ds fy;s cukbZ xbZ yksd vnkyr gS] ftldk

46

vk;kstu izR;sd ekg izns’k ds lHkh mPp U;k;ky; Lrj] ftyk U;k;ky; Lrj ,oa rglhy U;k;ky; Lrj ij fd;k tkrk gS] ftlesa U;k;ky;ksa esa yafcr ,oa izhfyfVxs’ku izdj.kksa dk fujkdj.k i{kdkjksa dh vkilh lgefr ds vk/kkj ij lqyg le>kSrs ds ek/;e ls djk;k tkrk gSA

4-yksd mi;ksxh lsokvksa ds fy, LFkk;h yksd vnkyr ¼/kkjk 22¼ch½ ds varxZRk½%& mDRk yksd vnkyr jk"Vªh; fof/kd lsok izkf/kdj.k dh ;kstuk gS] jk"Vªh; fof/kd lsok izkf/kdj.k ds funZs’kkuqlkj izns’k ds leLr ftyksa esa LFkkbZ yksd vnkyr dk xBu fd;k x;k gS] ftlesa izFke vij ftyk U;k;k/kh’k [k.MihB ds v/;{k ,oa ftysa esa dk;Zjr~ dk;Zikyu ;a=h ¼flfoy½ yksd fuekZ.k foHkkx ,oa eq[; fpfdRlk ,oa LokLF; vf/kdkjh lnL; ds :i esa ukekafdr fd,s x, gSA Þyksd mi;ksxh lsokÞ ls vfHkizsr gS dksbZ%&1-ok;q] lM+d ;k tyekxZ }kjk ;kf=;ksa ;k eky ds ogu

ds fy, ;krk;kr lsok] ;k2-Mkd] rkj ;k VsyhQksu lsok] ;k3-fdlh LFkkiu }kjk turk dks fo|qr] izdk’k ;k ty dk

iznk;] ;k4-lkoZtfud ey ogu ;k LoPNrk iz.kkyh] ;k5-vLirky ;k vkS"k/kky; lsok] ;k6-chek lsok]

vkSj blds varxZr ,slh dksbZ lsok Hkh gS] ;FkkfLFkfr] dsUnzh; ljdkj ;k jkT; ljdkj] yksdfgr esa] vf/klwpuk }kjk] bl v/;k; ds iz;kstuksa ds fy, yksd mi;ksxh lsok ?kksf"kr djsaA

5-egkRek xka/kh jk"Vªh; xzkeh.k jkstxkj xkjaVh ;kstuk varxZr yksd vnkyr%& mDRk yksd vnkyr jk"Vªh; xzkeh.k jkstxkj xkjaVh ;kstuk ds

47

uke ls jk"Vªh; fof/kd lsok izkf/kdj.k }kjk 'kq: dh xbZ gS] ;g yksd vnkyrsa izns’k ds ftyk ,oa rglhy eq[;ky; Lrj ij izR;sd ekg vk;ksftr dh tkrh gS ftldk mn~ns’; yksd vnkyr ds ek/;e lsa fe=rk] lksgknZ] lkeatL;] vkilh HkkbZpkjk ds }kjk eujsxk ls lacaf/kr izdj.kksa@ leL;kvksa dk fujkdj.k djkuk gS] tSls fofHkUu f’kdk;rksa] dk;Z dh deh] etnwjh ds nsj ls gksus okys Hkqxrku] csjkstxkjh HkRrk] tkWc dkMZ esa QthZ ,UVªh bR;kfn dk fuiVkjk djkuk gSA

6-tsy yksd vnkyr%&fof/kd lsok izkf/kdj.k vf/kfu;e 1987 ds varxZr fufeZr fu;e /kkjk 12¼6½ ds varxZr izR;sd og O;fDr tks vfHkj{kk esa gS] fof/kd lsok izkIr djus dk gdnkj ekuk x;k gSA fof/kd lgk;rk iznku djus vkSj muds izdj.kksa dk fujkdj.k 'kh?kzrk ls fd;s tkus ds mn~ns’; ls ftyk fof/kd lsok izkf/kdj.kksa ds }kjk yksd vnkyrksa dk vk;kstu fd;k tkrk gSA blds lkFk gh tsy esa ifj:) dSfn;ksa ds izdj.kksa esa Rofjr fu.kZ; ml fLFkfr esa izkIr gksuk T;knk laHko gS] tcfd bu yksd vnkyrksa dk vk;kstu tsy ifjlj esa fd;k tk;saA lk/kkj.k fdLe ds ,sls vijkf/kd izdj.k ftuesa cafn;ksa }kjk vijk/k Lohdkj dj fy;s x;s gS rFkk vU; ,sls izdj.kksa ds tsy yksd vnkyr ds ek/;e ls fujkdj.k fd;k tkrk gSA

7-Iyh&ckjxsfuax çfØ;k ds varxZr fujk—r çdj.k%& ;g nyhy lkSnk ds ek/;e ls vkijkf/kd izdj.kksa dks fujkd`r djus dh ,d izfdz;k gS] ftlesa i{kdkjksa dk vfHk;kstu vf/kdkjh dh mifLFkfr le>kSrk djk;k tkrk gSA ftlesa nks"kh vfHk;kstd ds le{k vius vijk/k dks Lohdkj djrk gS] vkSj ltk esa dqN fj;k;r orZus dh vihy dj ldrk gSA

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8-eksckby yksd vnkyr%& jk"Vªh; fof/kd lsok izkf/kdj.k ds funsZ’kkuqlkj ;k xkbZM ykbZu ds vuqlkj e/;izns’k jkT; fof/kd lsok izkf/kdj.k }kjk ,d eksckbZy osu Ø; dh xbZ gS] tks le;&le; ij ftyk izkf/kdj.kksa dks fof/kd lsok ;kstukvksa ds izpkj&izlkj] fof/kd lk{kjrk ,oa tkx:d f’kfojksa dk vk;kstu rFkk eksckbZy yksd vnkyrksa dk vk;kstu dj lekt ds detksj oxksZ ds yksxksa dks 'kh?kz] lqyHk o lLrk U;k; fnykus ds fy, izkIr vkosnu i=ksa@izdj.kksa dk Rofjr fujkdj.k djk;k tkrk gSA

9-ikfjokfjd efgyk yksd vnkyr%& ;|fi fu;eksa esa efgyk yksd vnkyr uke dh dksbZ yksd vnkyr ugha gS] vfirq yksd vnkyr fo’ks"k esa efgykvksa ds ekeys le>kSrs fujkdj.k gsrq j[ks tk ldsxsa] ysfdu lHkh ekeyksa ;k izdj.k esa ,d i{k iq:"k rks gksxk ghA bl izdkj yksd vnkyr esa efgykvksa ds fy, laoS/kkfud rFkk dkuwuh lqj{kk mik;ksa dk iquZjh{k.k] f’kdk;rksa dk fujkdj.k djus ds mn~ns’; ls jk"Vªh; efgyk vk;ksx ds lg;ksx ls efgykvksa ds fy, fof/kd lk{kjrk fof’kjksa dk vk;kstu ,oa muds izdj.kksa ds fujkdj.k ds fy, efgyk yksd vnkyrks dk vk;kstu fd;k tkrk gS] ftlesa efgykvksa ls lacaf/kr izdj.k] ikfjokfjd fooknksa dks j[kk tkrk gS] mDr yksd vnkyrksa esa efgykvksa ds izhfyfVxs’ku rFkk U;k;ky;ks esa yafcr oSokfgd] Hkj.k&Hkks"k.k] flfoy ,oa vkijkf/kd izdj.kksa dk vkilh lgefr ls fujkdj.k djk;k tkrk gSA

yksd vnkyr ds ykHk %&

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i{kdkjksa ds e/; vkilh ln~Hkko ,oa HkkbZpkjk c<+rk gS rFkk nq’euh@oSeuL;rk lekIr gks tkrh gSA

U;k;ky;ksa ds pDdj yxkus esa yxus okyk le;] iSlk ,oa vuko’;d esgur dh cpr gks tkrh gSA

yksd vnkyr esa ekeyk fuiV tkus ij ekeys esa yxh dksVZ Qhl fu;ekuqlkj okil gks tkrh gSA

yksd vnkyr esa izdj.k ds fujkdj.k gksus ls yksd vnkyr ds fu.kZ; ;k vkns’k@ fMØh@vokMZ ds fo:) dksbZ vihy ;k fjohtu ugha gksrh A

eksVj nkok nq?kZVuk ,oa vU; {kfriwfrZ izdj.kksa esa eqvkotk jkf’k 'kh?kz fey tkrh gSA

U;k;ky;ksa esa eqdneksa dk cks> de gksrk gS vkSj i{kdkjksa dks 'kh?kz ,oa lqyHk U;k; izkIr gks tkrk gSA

'kklu ds varxZr leL;ksa@fooknksa ds laca/k esa izLrqr izdj.kksa@vkosnuksa dk Hkh vf/kd ls vf/kd la[;k esa esxk yksd vnkyr ds ek/;e ls fujkdj.k djk;k tkrk gS ftlls i{kdkjx.k ykHkakfor gksrs gSA

&&&

jk"Vªh; fof/kd lsok izkf/kdj.k ¼ukylk½ dh fofHkUu ;kstuk@fofu;e

1. jk"Vªh; fof/kd lsok çkf/kdj.k ¼fu%’kqYd ,oa l{ke fof/kd lsok½ fofu;e] 2010 & ds vUrxZr Lkkekftd dk;ZdrkZvkas] VhplZ] dkjkxkj esa yach

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vof/k dh ltk ls nf.Mr Cakfn;kas] fof/k ladk; ds Nk=&Nk=kvksa vkfn dk ftyk izkf/kdj.kksa }kjk p;u ,oa iSjkyhxy okysafV;lZ dk izf’k{k.k fn;k tkdj iSjkyhxy okysafV;j fu;qDr dj ifjp; i= ftyk fof/kd lsok izkf/kdj.k }kjk tkjh fd;s tkrs gaSA rRi’pkr~ izf’kf{kr iSjkyhxy okysafV;lZ }kjk vius ftys ds lkekftd] vkfFkZd :Ik ls detksj @fof/k ds Kku] dsUnz rFkk jkT; 'kklu dh fofHkUu ;kstukvkas vufHkK O;fDr;kas dks muds fof/k vf/kdkjkas ds izfr tkx:d fd;k tkdj fof/kd lgk;rk miyC/k djkus es lgk;rk dh tkrh gSA

2. jk"Vªh; fof/kd lsok çkf/kdj.k ¼yhxy ,M DyhfuDl½ fofu;e] 2011 & ds varxZr~ ftyk izkf/kdj.kksa }kjk xzke] rglhy] ftyk Lrj ij yhsxy ,M Dyhfud [kksys tkus dk izko/kku fd;k x;k gS rkfd fof/kd lgk;rk izkIr djus okys detksj oxksZa dks vf/kd nwj rd tkuk u iMs+ ,oa yhxy ,M DyhfuDl esa mifLFkr gksdj izf’kf{kr iSjkyhxy okWysafV;lZ viuh lsok;sa t:jreUn yksxksa dks miyC/k djk ldasA

3. ukylk ¼yhxy ,M DyhfuDl bu ;wfuoflZVh] ykW dkWyst ,oa vU; laLFkku½ Ldhe] 2013& ds varxZr fo’ofo|ky;ksa] ykW dkWystt ,oa vU; laLFkku eas yhxy ,M Dyhfud [kksys tkus dk izko/kku gS] tgka fof/k ladk; ds Nk=&Nk=kvksa ¼izf’kf{kr½ iSjkyhxy okWyasfV;lZ viuh lsok;sa t:jrean yksxksa dks fof/kd lgk;rk ds :Ik esa miyC/k djk ldsaA

4. Ldhe QkWj iSjkyhxy okysafV;lZ ¼fjokbLM½ eSFkM QkWj n vkfj,aVs’ku&ba.MD’ku& fjQzs’kj dkslZ QkWj ih-,y-Ogh- Vsªfuax& ds

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varxZr iSjkyhxy okWysafV;lZ ds izf’k{k.k dk izko/kku fd;k x;k gSA

5. Ldhe QkWj yhxy lfoZlsl Vw fMtkLVj fofDVEl Fkzw yhxy lfoZlsl ,FkkWfjVht& ds varxZr ftyksa es dksj xzqi dk xBu fd;k tkdj izk—frd] vkS|ksfxd vkfn fofHkUu vkinkvkas ds le; t:jrean yksxksa dks dksj xzqi ds ek/;e ls fof/kd lgk;rk miyC/k djkus dk izko/kku fd;k x;k gSA

6. Ukkylk ¼yhxy lfoZl Vw eSaVyh by ,.M eSaVyh fML,cy ilZul½ Ldhe] 2010& ds varxZr ekufld :Ik ls jksxxzLr rFkk fu;ksZX; O;fDr;kas dks fof/kd lsok izkf/kdj.kksa ds ek/;e ls fof/kd lgk;rk miyC/k djk;s tkus dk izko/kku gSA

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Other Acts, Schemes & Regulations incorporated in the syllabus are provided in our website at www.mpslsa.nic.in and in the website of NALSA at www.nalsa.gov.in

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