Chapter-3 Procedures Related to the Functions, Duties and Power and Meeting of the Central Legal Aid Committee
8. Functions, duties and powers of the central Legal aid committee:
In addition to the functions, duties and powers mentioned in Section 6 of the Act, the Central Legal Aid Committee shall have the following functions, duties and powers:-
(a) If many persons having less income than that specified pursuant to Sub-rule (1) of rule 6 have applied for the legal Aid, then to formulate the required policy for determining the priority list of the persons who shall be entitled for legal aid and to determine the priority list of the persons to be entitled for legal aid subject to the provisions of thus formulated policy.
(b) To formulate the policy for partial or full waiver of the expenditure made by the committee in the course of providing Legal Aid to a person, pursuant to the proviso Section 4 of the Act.
(c) To formulate the required policy in relation to determination of the amount of remuneration shall be given to the lawyer providing the legal aid, pursuant to the Sub-section (4) of Section 5 of the Act and to determine the remuneration of the lawyer providing the legal aid subject to the provisions of thus formulated policy.
(d) To formulate the policy in relation to the evaluation of the total property or economic benefit received by a person in reimbursing the expenditure made by the committee pursuant to Sub-rule (2) of Rule 7, and to evaluate the total economic benefit received by the person entitled for legal aid subject to the provisions of the thus formulated policy.
(e) If any lawyer designated (appointed) by the committee to provide the legal aid pursuant to the Act or these Rules makes negligence or carelessness in providing legal aid and in consequence the concerned person losses the case, then to recommend the Bar Council to take appropriate action against such lawyer pursuant to prevailing laws.
(f) To pass the annual program and budget of the central committee.
9. Procedure relating to the meeting of the Central Legal Aid
Committee: (1) The central committee meeting shall held four times every year in the date, time and place stipulated by the chair person and may be held more than that if needed.
(2) Central committee as per the need may invite any official or expert to participate in central committee meeting as an invitee or observer.
(3) The quorum for the central committee meeting deemed to be completed if the Fifty percent members of the total number of members of the central committee present.
(4) The chairperson of the committee shall chair the meeting of the central committee. In absence of the chairperson, the member selected among the members themselves shall chair the meeting.
(5) The majority’s opinion shall be valid in the central committee meeting and if the vote ties then the person who is chairing the meeting shall be entitled for decision vote.
(6) The decision of the central committee meeting shall be written in the minute and authenticated by the member secretary of the committee then shall be provided for information to all members.
(7) The other procedures relating to the central committee meeting shall be determined by the central committee itself.