Rules framed to set up separate Legal Services Authority
*Executive Chairman to be appointed shortly
Mohinder Verma
JAMMU, Apr 15: Access to justice has become easier for the weaker sections in the Union Territory of Ladakh as Rules have been framed for establishment of separate Legal Services Authority as per the provisions of Central Act enacted in the year 1987.
This was necessitated due to the J&K Reorganization Act, 2019 by way of which the erstwhile State of Jammu and Kashmir was bifurcated into two Union Territories.
By virtue of the same legislation, J&K State Legal Services Authority Act 1997 was repealed and the Legal Services Authority Act 1987 (Central Act) came into force in the UTs of J&K and Ladakh. The UT of J&K constituted the Legal Services Authority Vide Notification dated 2nd of December 2019.
Now, in exercise of the powers conferred by Section 28 of the Legal Services Authority Act, 1987 (Central Act), the Administrator of the Union Territory of Ladakh in consultation with the Chief Justice of common High Court of Jammu and Kashmir and Ladakh has framed Union Territory of Ladakh Legal Services Authority Rules, 2020.
With this development, Ladakh Legal Services Authority shall be constituted as per the provisions of Section 6 of the Act in order to provide free and competent legal services to the weaker sections of the society and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Moreover, the Authority will organise Lok Adalats to ensure that the operation of the legal system promotes justice on the basis of equal opportunities.
Chief Justice of the common High Court for the Union Territory of Jammu and Kashmir and Union Territory of Ladakh will be the Patron-in-Chief of the Ladakh Legal Services Authority and a serving or retired Judge of the High Court nominated by the Lieutenant Governor of Ladakh in consultation with the Chief Justice will be its Executive Chairman, who will be appointed shortly.
As per the Rules, the copy of which is available with EXCELSIOR, Administrative Secretaries of Finance, Law and Justice Departments of UT of Ladakh, Assistant Solicitor General of India Jammu/Srinagar, Administr-ative Secretary of Information Department and Presidents of Bar Associations of Leh and Kargil will be the ex-officio members of the Ladakh Legal Services Authority.
The Member Secretary of the Legal Services Authority will give free legal services to the eligible persons and weaker sections of the society and work out modalities of the Legal Services Schemes and Programmes approved by the Authority and ensure their effective monitoring and implementation.
He will also lay stress on the solution of rural disputes and to take extra measures to draw schemes for effective and meaningful legal services for settling rural disputes at the door steps of the rural people including organization of mediation centres in the rural as well as urban areas.
In addition to the cases covered under Section 12 and 15 of the Act, the legal services will also be provided in all matters where such services shall be aimed at amicable settlement of the disputes by bringing about conciliation between the parties to the disputes and rendering assistance in complying with various legal requirements in order to secure the benefits under various schemes sponsored by the Government or any other public authority for the welfare of the general public or any section thereof.
The legal services will be given by payment of court fee, process fee, expenses of witnesses, preparation of paper book, lawyers fee and all other charges payable or incurred in connection with legal proceedings; through representation by a legal practitioner in legal proceedings; by supplying certified copies of judgments, orders, notes or evidence and other documents in legal proceedings; by preparation of appeal paper book; by drafting of legal documents and by giving legal advice on any matter and through mediation centres or family counselling centres.
“All property, movable or immovable, belonging to the J&K Legal Services Authority in the territory of UT of Ladakh shall vest in the Ladakh Legal Services Authority. Similarly, all the debts and liabilities of J&K Legal Services Authority in the UT of Ladakh shall be transferred to the Legal Services Authority of Ladakh”, read the Rules.
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