HIGH COURT OF CHHATTISGARH
MIDDLE INCOME GROUP LEGAL AID SOCIETY
छत्तीसगढ़ उच्च न्यायालय मध्यम आय वर्ग
विधिक सहायता समिति
RULES AND REGULATIONS:
1. The name of the society shall be “The Chhattisgarh High Court (Middle Income Group) Legal Aid Society.
2. The Head Office of the Society will be situated at Bilaspur C.G and its addresses will be Office of C.G. High Court Legal Service Committee Bilaspur (C.G.) 495220
3. All The State of Chhattisgarh will be The Jurisdiction of the Society.
The objects of the society shall be as under:-
(a) The Constitution of India mandates that all persons shall have equality of opportunity in the context of access to justice. It is in this regard that the Legal Services Authorities Act, 1987 was enacted with a view to provide legal aid to the poorer sections of the society. However, given the prohibitive costs of litigation, especially at the appellate level, most citizens are unable to afford effective legal assistance. A large section of this group of people are those who belong to the middle income group. The society has been constituted to provide access to effective legal assistance to persons in these strata of the society.
(b) Article 39A of the Constitution provides that the State shall endeavor to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or any other disabilities. Consequently, there exist many institutions, both statutory and otherwise, that provide legal aid to citizens of different strata, in order to enable them to defend their rights before a Court of Law. However, most of these organizations cater to the poorest sections of society, while a substantial percentage of the citizens who constitute and form the middle income group i.e. with incomes under Rs. 5,00,000/-(Five Lakh) per annum, are unable to afford legal assistance. Given the substantial cost of litigation in general and before the High Court in particular, it was decided to provide a mechanism whereby members belonging to this segment of the middle class, would be provided legal assistance at nominal fees and expenses.
(c) The society has been constituted in order to provide legal aid to persons in the above mentioned category, who were seeking enforcement of their rights before the High Court.
This society is funded by monies received as costs awarded by the Hon’ble C.G. High Court in various cases and from the nominal fees received from applicants desirous of seeking legal aid under the society or any lawful donations received from those individuals or corporate who are not litigants before High Court.
(d) The society is envisaged as a charitable, non-profit making society, whose essential objective would be to provide legal assistance to litigants belonging to the above mentioned strata in the Hon’ble High Court. This would include the costs of litigation, as also providing any ancillary services that may be required by litigants in the High Court. It has now been decided to register the society as a society under the Chhattisgarh Societies Registrikaran Adhiniyam, 1973, in order to ensure that the aims and objectives of the Society are implemented in the most efficient manner.
(e) The Society may undertake such other work as may be decided by the Society for the purpose of providing legal aid to the litigants in the High Court and legal awareness programmes by holding workshops, seminars and publications etc. All the income earnings, moveable, immoveable properties of the society shall be solely utilized and applied towards the promotion of its aims and objects only set forth in the Memorandum of Association and no profit on thereof shall be paid or transferred directly or indirectly by way of dividends, bonus, profit or in any manner whatsoever to the present or past members of the Society or to any persons claiming through any or more of the present or past members. No member of Society shall have any personal claim on any moveable or immoveable properties of the Society or make any profit, whatsoever by virtue of its membership.
For the purpose of these rules and regulations unless the context otherwise requires:-
a) LITIGANT means any person who is a party in any case either as a petitioner/appellant/applicant or as respondent/non-applicant or wishes to institute a case before the High Court of Chhattisgarh except the following cases:
- Election Petitions,
- Public Interest Litigation,
- Suits or cases related to defamation or
- Any kind of luxurious litigation.
b) Non interested Litigant: State Government, Government organizations, public sector undertakings,companies in which Central government/state government have shares and any individual who has no pending litigation in high Court and elected representatives who have discretionary funds.
c) Panel of Lawyers: Advocates who are members or not a members of a society may be empaneled as Panel Advocates of the society, provided that if any member of the society is willing to appear/conduct a case allotted by the society he/she shall not charge any remuneration from the society or litigant except the actual expenses.
6. MEMBERSHIP DEFINED
Hon’ble Judges and the advocates, who are brought on to the executive committee shall be members of the Society
7. ADMISSION AND QUALIFICATION OF MEMBERSHIP
All advocates of the High Court of Chhattisgarh would be qualified to be the members of the society and admission as members of the society will be granted only on the unanimous approval of the executive committee of the Society.
8. When litigants can approach MIG Society.
The litigant can approach the MIG Society in two situations viz.,
- To file or defend a case in the High Court of Chhattisgarh include – Appeals/ Civil or Criminal, against an order of the Lower Court.
- Petition for transferring a case, civil or Criminal, pending in one district to another District of the State.
- Legal advise to regard proposed legal proceedings in High Court of Chhattisgarh.
9. CESSATION OF MEMBERSHIP
If the Executive Committee finds, on such enquiry as its deems fit, that any Advocate on the panel of the Society is negligent or has mis-conducted his membership of the Society would be terminated by the Executive Committee.
10. GENERAL BODY
The General Body shall consists of all the office bearers and members as under :-
2. Vice President
3. Secretary One
4. Treasurer … One
5. Members … 7 to 11
As nominated by the Chief Justice of Chhattisgarh High Court.
11. BANK ACCOUNT
The bank account of the Society shall be operated by the Secretary and Treasurer jointly.
12. SOURCES OF INCOME
i) COSTS AWARDED to the committee by the Courts
ii) Donations received from Advocates, individuals and corporate who are not litigants before the High Court.
iii) Service fee charged from litigants.
i) The Chief Justice of Chhattisgarh High Court nominate a sitting Judge of the High Court of Chhattisgarh who would be the President of the Society.
ii) The Advocate General of Chhattisgarh High Court be the Ex-Officio Vice President of the Society.
iii) The present 11 members of the Executive Committee of the Society including the Secretary and the Treasurer shall be the members of the Executive Committee of the Society for a period of three years.
iv) That on the expiry of the period of three years or at any time earlier as thought fit by the Hon’ble the Chief Justice of High Court the Executive Committee can be reconstituted by the Hon’ble Chief Justice of High Court, in consultation with the Hon’ble President by nominating the members of the Executive Committee.
v) The Secretary and the Treasurer of the Society shall be nominated from amongst the members of the Executive Committee by the Hon’ble the Chief Justice of High Court in consultation with the President of the Society.
vi) The management of the affairs of the society shall vested in the Executive Committee of the society.
vii) The Executive Committee shall have the power to co-opt/appoint other members on the Society for a particular project or assignment with the purpose of carrying out the aims and objectives of the Society.
viii) The Secretary of the society shall appoint employees/staff in order to carry out the aims and objects of the society after consultation of the executive committee.
14.FUNCTIONS & QUORUM OF THE EXECUTIVE COMMITTEE
i) The Executive Committee of the Society shall meet at least once in two months, or earlier if so decided by the President feels expedient and necessary.
ii) The President and at least four other members shall constitute the quorum of the executive committee
iii) The Executive Committee will take up and decide all matters required to be discussed and resolved as are necessary for carrying out the purposes of the Society and to give effect to the rules of the Society.
15. WORKING OF MIDDLE INCOME GROUP SCHEME
i) There will be a panel of Advocates, whose services will be made available to provide legal assistance at nominal rates under the present scheme.
ii) The panel Advocates shall agree to abide by the terms and conditions of the Society, upon the assignment of a case under the scheme.
iii) Any litigant desirous of availing legal aid under the Society, will have to approach the Secretary of the Society by filing an application in the prescribed proforma as approved from time to time by the Executive Committee, along with the relevant documents.
iv) The rates of fee payable to an Advocate or to a Sr. Advocate (if engaged at the request of the litigant) will be such as indicated in the scheduled mentioned hereinafter.
v) As soon as the papers are received, they would be assigned to an empaneled Advocate for scrutiny. In case, the Advocate, after perusing the papers opines that the case is not a fit case to file Petition before the High Court of Chhattisgarh, in that case, the applicant will not be entitled to the benefit of the scheme. Upon such an endorsement being made, the High Court Middle Income Group Legal Aid Society shall return the papers forthwith to the applicant and deduct a sum of Rs.750/- only towards service charges. The balance amount of service charges and the amounts which may have been deposited by the applicant with the Society towards fees and expenses for handling the case, will be refunded to the litigant. If the empaneled Advocate after examining the matter is satisfied that it is a fit case to be proceeded with, then the Middle Income Group Legal Aid Society will provide legal assistance to such a litigant. The view expressed by the Learned empaneled Advocate will be final insofar as the eligibility of the applicant for obtaining the benefit of the Society is concerned.
vi) The applicant may indicate three names with respect to the empaneled Advocate or the arguing counsel, or the senior counsel, as the case may be, in the order of preference, out of the panel maintained by the Society, to represent his case. The Society would try to honour the choice indicated.
vii) The Society would be at liberty to assign the matter to any Advocate/ arguing counsel, Sr. Advocate on the panel. The final right to assign the papers of the applicant, under the scheme to any Advocate, or the arguing counsel or senior counsel, will remain with the Chhattisgarh High Court (Middle Income Group) Legal Aid Society.
viii) Any intending litigant desirous of availing the benefit of the Society shall have to fill up the form prescribed, and accept all the terms and conditions contained therein. The proforma shall contain the schedule of fees and expenses, as applicable from time to time. A sum of Rs. 750/- shall be payable to the Chhattisgarh High Court Middle Income Group Legal Aid Society (CGHCMIGLAS) as service charges. The schedule shall indicate the fees payable for various items of works and shall also indicate the Court fees and the approximate expenses for preparation of the Court record. The applicant shall have to deposit the fee indicated by the Staff Assistant attached to the Society, which will be in accordance with the schedule attached to the forms approved by the Society from time to time. It is only upon payment of the said amount that the Society will register the case as a case under the MIG Legal Aid Society and proceed to forward the papers to the Advocate/Arguing Counsel/Sr. Counsel on the panel for opinion.
ix) With respect to the approximate expenses for preparation of the Court record, the Staff Assistant attached to the Society will after a perusing of the papers, determine as to what would be the approximate amount necessary for the purpose of preparation of the Court record, and in accordance with the Schedule, indicate the same to the applicant. If however, for any reason, the amount which is due to the empaneled Advocate under the scheme, exceeds the amount indicated by the consultant-cum-Executive Lawyer, then the applicant will be duty bound to remit the difference upon the Society certifying it to be so under the Society.
x) (a) Once the case is assigned to an Advocate it is the responsibility of the Advocate to deal with the matter as he/she deems fit in the interest of the client, and the Advocate is required to communicate directly with the litigant, and the Society will not monitor the progress of the matter. However, the Society will intercede only if a complaint is received in writing.
(b) after a complaint is received by the Society from the litigant and /or the concerned Advocate against the litigant/Advocate then the Society after making such enquiry, may take necessary action as may be deemed fit and necessary.
(c) If the Advocate who is appointed by the Society from the panel is found negligent in the conduct of the case entrusted to him,then be will be required to return the brief and refund the fees which may have been received by him from the applicant under the scheme. This would, however, be only on the decision of the Executive Committee, who would give an opportunity to the Advocate to explain and then take a decision.
xi) The Society would not be responsible for the negligent handling of the case, but the entire responsibility will that be of the Advocate vis-a-vis the client. The name of the Advocate would, however, be struck off from the panel prepared by the society in case negligence is found in terms of Rule 9 above.
16. SCHEDULE OF FEES AND EXPENSES
The schedule of fees and expenses payable at the time of registration of the Society shall be as given hereinafter. However, the schedule is liable to be amended from time to time by the Executive Committee.
SCHEDULE OF FEES FIXED FOR ADVOCATES/SR. ADVOCATES AND OTHER OUT OF POCKET EXPENSES.
A. APPEARING ON BEHALF OF THE PETITIONER :
1. Honorarium for drafting and filling Writ Petition/ including list of dates and miscellaneous applications such as Stay, Exemption, Bail, Condonation of delay including appearance, conferences with the client and also for drafting rejoinder affidavit and / or contesting matter after notice is issued by the Court and till the disposal of the matter and the notice stage including acting work and adjournment excluding final disposal at notice stage.
Consolidated Rs. 6,000/-
2. Honorarium for hearing of the matter at Final stage for effective hearing (inclusive of adjournment if any, and/or at appeal stage.)
Rs. 2000/- per day
upto maximum of Rs. 6000/-
3. Honorarium for drafting and filing transfer petition including list of dates and miscellaneous applications including appearance, conference with the client and also for drafting rejoinder affidavit and/or at contesting matter after notice is issued by the court and till the disposal of the matter at the notice stage including active work and adjournment (excluding final disposal at notice stage)
Consolidated Rs. 3000/-
B. APPEARING ON BEHALF OF THE RESPONDENT :
1. Honorarium for drafting counter affidavit/statement of abjections, and all other necessary application, including application for vacating stay and appearance inclusive of all conferences, up to admission stage, excluding final disposal at notice stage,
Consolidated Rs. 6,000/-
2. Honorarium for hearing of matter at final disposal stage including adjournment, if any, and/or at appeal stage.
Rs. 2,000/- per day
upto a maximum of Rs. 6,000/-
C. HONORARIUM FOR SENOIR ADVOCATES :
1. Honorarium for settlement of Writ Petition/Transfer Petition/Counter Affidavit /Re- joinder Affidavit /Statement of Objections including conferences etc.
Consolidated Rs. 2,000/-
2. Honorarium for appearance at the admission stage/after notice.
Rs. 3,000/- per appearance
upto a maximum of Rs. 9,000/-
3. Honorarium for appearance at Final Disposal/Appeal stage.
Rs. 5000/- per appearance
upto a maximum of Rs. 10,000/-
D. SCHEDULE OF RATES FOR OUT OF POCKET EXPENSES.
1. Photocopy Charges-Rs.1.00 per page
2. Steno Charges- Rs. 10/- per page
3. Paper Book binding- Rs. 15/- each
4. Computer Typing(Ordinary Print)
i) For original computer print-12/- per page
ii) For additional pages-Rs. 2 per page
5. Computer Typing (Laser Print)
i). For original computer print-Rs. 15/- per page
ii). For additional pages-Rs.5 per page
E. Court fee payable on petition as per the Chhattisgarh High Court Rules 2007 as amended up-to-date.
F. Service charges of the Committee Rs. 750/-
i) The Executive Committee of the Society will open its Saving Account in the SBI Bank, Chhattisgarh High Court Building, in the name of “Chhattisgarh High Court Middle Income Group Legal Aid Society” The said account consists of fund received under the scheme, awarded as costs by the Hon’ble High Court, and also grants-in-aid. The account can be operated by the Secretary and Treasurer of the Society jointly.
ii) The accounts of the Society will be duly audited. The amounts will be used only for the purpose for which the Society is constituted and also to defray all the expenses including the salaries, expenses, and fees in accordance with the scheduled fixed herein above.
iii) The Society will maintain complete accounts of the funds received and disbursed by the Society, and have them regularly audited.
iv) A Contingent fund will be created to meet the miscellaneous expenditure in connection with the cases under the scheme by requiring the applicant to deposit upto the stage of admission a sum of Rs. 750/- in addition to the charges required to be deposited for the Advocate as stated in Rule 15 above. Out of this Contingent fund, the fees of the Auditor for auditing the accounts of the Society, printing of proforma of the application and all other miscellaneous expense incurred could be met.
v) At the time of handing over the case papers, the applicant will have to make payment to the Society a sum of Rs. 750/- and further amounts on the basis of the estimated details.
vii) The empaneled Advocate shall submit his bill on the basis of the amounts prescribed in the schedule with regard to printing, Court fees, appearance along with a copy of the filing memo in token of proof of filing the Petition/Appeal, for which the claim is made. The Advocate will inform the Society about the admission of any matter, so that the litigant can be requested to pay the fees for processing the Appeal, without which information, it will not be possible for the Society to recover the amount from the litigant and pay the Advocate for future hearing of be case. The fees to the Advocate in regular matters, shall be made on receipt of a bill from the Advocate at the time of the conclusion of the final hearing of the matter.
18.ANNUAL LIST OF EXECUTIVE COMMITTEE (SECTION 27 OF THE ACT)
Once in every year a list of the office bearers and Member of the Executive Committee of the Society shall be filed with the Registrar of the Societies, Chhattisgarh, as required under Section 27 of the Chhattisgarh Societies Registrikaran Adhiniyam, 1973.
19.LEGAL PROCEEDINGS (SECTION 22 OF THE ACT)
The Society may sue or sued in the Name of the Secretary as per provisions laid down under Section 22 of the C.G. Society Registrikaran Adhiniyam, 1973 as applicable to the State of C.G. The jurisdiction will only be of Bilaspur Courts and none else.
Any Amendment in the Memorandum of Association of Rules will be carried out in accordance with procedure laid down under Section 10 of the C.G. Societies Registrikaran Adhiniyam, 1973
21.WHAT DOCUMETNS ARE REQUIRED FROM THE LITIGANTS IN APPROACHING HIGH COURT
The Applicants are required to submit application forms of the MIG Society alongwith full documentations.
For instance, if he/she seeks to file an Appeal against the Order of a Court he/she is required to submit a certified copy of the Order of the Court, Petition/Application etc copy filed by him/her in the Court, copies of the Lower Court Judgments /Order and other relevant documents. If these are in language other than English, litigant to try to send translated copies.
i) If the Society needs to be dissolved it shall be dissolved as per the provisions laid down under Sections 34 to 36 of the C.G. Societies Registrikaran Adhiniyam, 1973 as applicable to the State of Chhattisgarh
ii) That in the event that the present Society is dissolved at any stage, the funds of the Society will be transferred to any other Society set up for similar object.
23.APPLICATION OF THE ACT
All the provisions under all the Sections of the C.G. Societies Registrikaran Adhiniyam, 1973 as applicable to the State of Chhattisgarh shall apply to the Society.
Certified that this is correct copy of the Rules and Regulation of the Society.