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LEGAL AID
HIGH COURT OF HIMACHAL PRADESH LEGAL SERVICE COMMITTEE
The following are the ex-officio members of the High Court Legal Service Committee:-
A sitting Judge of the High Court (To be nominated by the Hon'ble Chief Justice)
Chairman
The Advocate General,  Himachal Pradesh. 
Member
The President, H.P. High Court Bar Association.
Member
Four Members (Nominated by the Chief Justice)
Members
And
  •  
Registrar Vigilance
Secretary
MAIN FUNCTIONS OF THE COMMITTEE
  • To give effect to the policy and directions of the State Authority.
  • Without prejudice to the generality of the functions referred to in sub-regulation(1), the High Court Legal Service Committee shall, for the High Court, perform or any of the following functions, namely:-
  • provide legal services to persons who satisfy the criteria laid down under the Act and rules framed there under;
  • conduct Lok-Adalats for High Court Cases; and
  • encourage the settlement of disputes by way of negotiations, arbitration and conciliation.
LEGAL AID
Criteria for giving legal services:- Every person who has to file or defend a case shall be entitled to legal services if that person is:-
  • a member of Scheduled Caste or Scheduled Tribe.
  • a victim of trafficking in human beings or beggars referred to in Article 23 of the Constitution.
  • a woman or a child.
  • a mentally ill or otherwise disabled person.
  • a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence,caste atrocity, flood, drought, earth-quake or industrial disaster; or
  • and industrial workman; or
  • in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a juvenile home within the meaning of clause (j) of section 2 of Juvenile Justice Act, 1986, or in a psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987;  or
  • in receipt of annual income less than rupees twenty five thousand or other higher amount as may be fixed under rule 17 of the Himachal Pradesh Legal Services Authority Rules, 1955.
Provided that the Legal Services Committee or Authority may grant legal aid -

  • in a case of great public importance; or
  • in a test case, the decision of which is likely to affect cases of numerous other Persons belonging to the weaker sections of the community; or
  • in any case, which for reasons to be recorded in writing, is considered by the Chairman to be deserving of legal aid even where the means test is not satisfied.
MODES OF LEGAL-AID MAY BE GIVEN IN ALL OR ANY ONE OR MORE OF THE FOLLOWING MODES NAMELY
  • payment of Court-Fee, process fees and all other charges payable or incurred in connection with any legal proceedings;
  • representation by a legal practitioner in legal proceedings;
  • obtaining and supply of certified copies of order, and other document in legal proceedings;
  • preparation of appeal, paper book including printing and translation of documents in legal proceeding.
LEGAL AID NOT TO BE GIVEN IN CERTAIN CASES
Legal aid shall not be given in the following cases, namely:-
Proceedings wholly or partly in respect of
  1. defamations; or
  2. malicious prosecution;
  • a person charged with contempt of Court proceedings;
  • proceedings relating to any election;
  • proceedings incidentally to any proceedings referred to in items (1) and (2),
  • proceedings in respect of offences where the fine imposed is not more than ` 50/-,
  • proceedings in respect of economic offences against social laws, such as the Protection of Civil Rights Act, 1955, and the Immoral Traffic (Prevention) Act, 1956.
Provided that the Chairman may in appropriate cases grant legal aid even in such proceedings for reasons to be recorded in writing. Where a person seeking legal aid:-
  • is concerned with the proceedings only in official capacity; or
  • if a formal party to the proceedings, not materially concerned in the outcome of the proceedings and his interests are not likely to be prejudices on account of the absence of proper representation.
APPLICATION FOR LEGAL AID OR ADVICE
Any person desiring legal aid or advice may make an application along with necessary documents, as per criteria for eligibility, addressed to the Secretary of the Committee. After receipt of such application the same shall be processed and action taken on the said application shall be communicated to the applicant.