Suo Motu Disclosure Under Section 4(1) (b). (i) PARTICULARS OF ORGANISATION, FUNCTIONS AND DUTIES: District Legal Services Authority, Hailakandi being set up in the district of Hailakandi as per Legal Services Authorities Act, 1987, has been working for providing equal justice for all, especially for marginalized sections of the society; by providing free legal services in the form of aid & advice specially to the poor, down trodden, women, Scheduled Castes and Scheduled Tribes, handi-capped, children, industrial workers, victims of human trafficking or beggar, a person under circumstances of undeserved want, in custody, custody in protective home or in a juvenile home or in a psychiatric hospital or nursing home. The motto of this authority is JUSTICE FOR ALL. The Legal Services Authority has been arranging different awareness programmes to make the people aware of their legal rights & their duties and the process by which they can have access to justice. The object of the Act is to provide free, efficient and satisfactory legal services to the weaker sections of society to ensure that opportunity for securing justice is not denied to any citizen by reason of economic or other disabilities; and to organize Lok Adalats to secure quick justice at cheaper costs. The Act among other things conceives three functions by the Legal Services Authorities, they are (1) organizing the legal literacy programmes to make more and more people aware of their legal rights and the process to achieve the same, (2) to provide free legal assistance to the door step of the weaker sections of the society, (3) to organize Lok Adalats for settlement of disputes both at pending before the Courts and at pre-litigation stage, so as to reduce the over burden of litigations in the courts. FUNCTIONS OF THE AUTHORITY The DLSA, Hailakandi to perform the following functions:- a) To provide free legal service to persons who satisfy the criteria laid down under this Act; b) To conduct Lok- Adalats, i.e. monthly, yearly etc as per instruction of the Assam State Legal Services Authority. c) To arrange meetings, seminars, awareness camps etc as per National Plan Action and other different regulations. d) Any other Programme as embodied in the National Plan of action or as per instruction of NALSA & ASLSA etc. OTHER FUNCTIONS OF THE AUTHORITY 1) The Permanent Lok-Adalat is also functioning under this authority for disposing of the matters of Public Utility Disputes in its pre-litigation stages. 2) To open Legal Aid Clinics in different places of the district including Law College, district jail etc. 3) To furnish monthly reports, returns and other information etc as per instructions of State Legal Services Authority from time to time. (Page-1 of 7)
(ii) POWERS AND DUTIES OF OFFICERS AND EMPLOYEES: The District Legal Services Authority is headed by the District & Sessions Judge who is the senior most and top ranked Judicial Officer in the district judiciary. He is designated as the Chairman, District Legal Services Authority. The post of Secretary, District Legal Services Authority, is the Sr. Grade-II Judicial Officer in the District. He is the 2 nd important person of the DLSA & the in- charge of the DLSA, who has the sole authority in DLSA to make proposal of all expenditure bills, programmes for approval of the Chairman. He is not only the custodian of all properties of the DLSA but also he has to maintain the proper accounts of the DLSA. There is only two staff working at the DLSA at present - one being an LDA and another a Grade-IV; staff to perform all the duties as entrusted in the District Authority, and as per directions of the Chairman as well as the Secretary of the District Legal Services Authority. (iii) PROCEDURE FOLLOWED IN THE DECISION MAKING PROCESS, INCLUDING CHANNELS OF SUPERVISION AND ACCOUNTABILITY: Procedure for Decision Making: 1. For the matters relating to awareness camps etc. Secretary, DLSA to furnish proposals before the Chairman, DLSA, Hailakandi maintaining all formalities and on receipt of approval of the Chairman, DLSA, the decision/proposal is considered as final; in respect of financial & any other matter of great importance, decisions are taken through board meetings. (iv) NORMS SET BY IT FOR THE DISCHARGE OF ITS FUNCTIONS: LEGAL AID Every person who wants to file or defend a case shall be entitled to legal services if that person is:- 1) a woman or a child; 2) a member of a Scheduled Caste or Scheduled Tribes; 3) an industrial workman or, 4) a victim of trafficking in human beings or beggar as referred to in Art. 23(1) of the Constitution; 5) a person with disability as denied in clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation, Act), 1995; 6) a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or 7) in custody, including custody in a protective home within the meaning of Cl. (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a juvenile home within the meaning of clause (j) of the Juvenile Justices Act, 1986 or in a psychiatric hospital or psychiatric nursing home within the meaning of Clause h) a person with annual income less than Rupees Seventy five thousand is entitled to avail the benefit in any court except the Supreme Court of India. (Page-2 of 7)
Legal Aid may be provided in the following modes, namely:- Payment of court fees, 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 orders and other documents in legal proceedings; Preparation of appeal, paper book including printing and translation of documents in legal proceedings. Legal Aid shall not be given in the following cases:- 1. Cases of defamation. 2. Cases of contempt of court or perjury. 3. Proceedings relating to any election. 4. Proceedings with regard to economic offences. 5. Offence covered by social legislation such as complaint against untouchability etc. The Chairman of concerned Authority may, however, grant legal aid even in such proceedings in an appropriate case. LOK ADALAT (1) A Lok-Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of: i) any case pending before; or any matter which is falling within the jurisdiction of, and is not brought before any court for which the Lok Adalat is organized: Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law. (2) Where in any case referred to in clause (i) of sub-section (5) of section 19: (i)(a) (ii) (b) the parties there of agree; or one of the parties thereof makes an application to the court for referring the case to the Lok-Adalat for settlement and if such court is prima facie satisfied that there are chances of such settlement; or the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok-Adalat: the court shall refer the case to the Lok Adalat. Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such court except after giving a reasonable opportunity of being heard to the parties. (Page-3 of 7)
PERMANENT LOK ADALAT (1) Any party to a dispute may, before the dispute is brought before any court, make an application to the Permanent Lok Adalat for the settlement of dispute; Provided that the Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to an offence not compoundable under any law; Provided further that the Permanent Lok Adalat shall also not have pecuniary jurisdiction in the matter of Public Utility Services where the value of the property in dispute exceeds one core; (2) After an application is made under sub-section (1) to the Permanent Lok Adalat, no party to that application shall invoke jurisdiction of any court in the same dispute. (V)(RULES, REGULATIONS, INSTRUCTIONS, MANUALS AND RECORDS, HELD BY IT OR USED BY ITS EMPLOYEES FOR DISCHARGING FUNCTIONS: S.NO. NAME OF THE ACT, RULES, REGULATIONS ETC. PRICE IN CASE OF PRICED PUBLICATION 1. Legal Services Authorities Act, 1987. Available in market and also on the website of NALSA. 2. Assam State Legal Services Authority Rules 1996. Available on website of the authority 3. Assam State Legal Services Authority Regulations -do- 2010, 2011. 4 National Legal Services Authority (Free & Competent Available on the website of NALSA. Legal Services) Regulation 2010. 5 Assam Victim Compensation Scheme 2012. Available on the website of SLSA. (vi) A STATEMENT OF THE CATEGORIES OF DOCUMENTS THAT ARE HELD BY ITS CONTROL; For smooth functioning, various l files are maintained; some of them are as under: DLSA (H) 01/2005/I/. Circular & Notification relating to transfer, posting Etc. of Officers only. DLSA (H) 04/2005/IV/... Circular, Notification & Misc. Guidelines from NALSA/ASLSA. DLSA (H) 06/2005/VI/ Legal Literacy & Awareness Camps at different Places. DLSA (H) 08/2005/VIII/. Information under Right to Information Act, 2005. DLSA (H) 14/2007/II/. Holding of Lok-Adalat, Monthly, Qtly. & National etc. DLSA (H) 15/2007/III/ Permanent Lok-Adalat, including PUPs. Payment of honorarium etc. DLSA (H) 17/2007/V/. Audit of Accounts including Audit Report by A.G. DLSA (H) 25/2009/IV/. Under Trial Prisoners, Statement, Committee. DLSA (H) 26/2010/I/... Jail Inspection Report & Jail related matters. DLSA(H) 31/2010/VI/. Para Legal Volunteers file, DLSA (H) 33/2011/I/.. Construction of ADR Centre at DLSA (H) 36/2011/IV/ Statistical Information on Free Legal Aid at DLSA (H) 40/2012/I/.. Panel of Lawyers, Front Office as per NALSA Reg. 2010. DLSA (H) 42/2012/III/ Victim Compensation, Core Group, including rehab. of victims DLSA (H) 50/2014/I/...Report regarding UTPs, Convicts & Long Term Prisoners in Jail. DLSA (H) 52/2014/III/...Awareness on Domestic Violence Act & Dowry Prohi. Act. DLSA (H) 53/2014/IV/...Implementation of progms on fundamental duties & Ragging laws. DLSA (H) 54/2015/I/... Crime against Women & Children, Child Trafficking etc. DLSA (H) 55/2015/II/... Witch Hunting... DLSA (H) 56/2015/III/... Swachh Bharat Abhijan 2015... (Page- 4 of 7)
(vii) PARTICULARS OF ANY ARRANGEMENT THAT EXISTS FOR CONSULTATION WITH OR REPRESENTATION BY, THE MEMBERS OF THE PUBLIC IN RELATION TO THE FORMULATION OF ITS POLICY OR IMPLEMENTATION THEREOF. (viii) A STATEMENT OF THE BOARDS, COUNCILS, COMMITTEES AND OTHER BOARDS CONSISTING OF TWO OR MORE PERSONS CONSTITUTED AS ITS PART OR FOR THE PURPOSE OF ITS DEVICE, AND AS TO WHETHER MEETINGS OF THOSE BOARDS, COUNCILS, COMMITTEES AND OTHER BODIES ARE OPEN TO THE PUBLIC, OR THE MINUTES OF SUCH MEETINGS ARE ACCESSIBLE FOR PUBLIC. (ix) DIRECTORY OF OFFICERS AND EMPLOYEES Sl. No Name of the Officers/officials Designation 1 Sri S. Dey,, A.J.S. Chairman, D.L.S.A., 2 Sri N.S. Deori,, A.J.S. Secretary, D.L.S.A., 3 Dr. J. L. Sen, M.A., Ph.D. Public Utility Person. Permanent Lok-Adalat, (H). 4 Sri K.I. Mazarbhuiya, M.A., Public Utility Person. Permanent Lok-Adalat, (H). 5 Sri K.U. Laskar, Grade-III. Dealing Assistant to DLSA (H). 6 Sri A.R. Majumder, Grade IV Office Peon under DLSA (H). Residential Address Kachari Road, (Official Residence). P.O., P.S. & Dist. Pin - 788151. Circuit House Road, Hkd. (Official Residence). P.O., P.S. & Dist. Pin - 788151. Circuit House Road, P.O., P.S. & Dist. Pin - 788151. College Road, P.O., P.S. & Dist. Pin - 788151. Vill. Barnagad, P.O. Kalibari Bazar, P.S. Algapur, Dist. Pin - 788150. Silchar Road, P.O.Vischingcha-II, P.S. & Dist. Pin - 788151. (x) MONTHLY REMUNERATION RECEIVED BY OFFICERS AND EMPLOYEES Sl. No. Name of the Designation Basic Pay Pay Band Officers/officials 1 Sri S. Dey,, A.J.S. District & Sessions Judge -cum- 51,550/- - 63,070/- National Pay Commission Chairman, D.L.S.A., 2 Sri N.S. Deori,, Civil Judge & Asstt. Sessions 39,530/- - 54010/- A.J.S. Judge -cum-secretary, -do- D.L.S.A., 3 Sri K.U. Laskar, Grade-III. L.D.A. 5200/- - 20200/- PB -2. 4 Sri A.R. Majumder, Grade IV Peon 4560/--15000/- PB -1. (Page- 5 of 7)
(xi) BUDGET ALLOCATED TO EACH OF ITS AGENCY, INDICATING THE PARTICULARS OF ALL PLANS, PROPOSED EXPENDITURES AND REPORTS ON DISBURSEMENT MADE; Budget allocated for the DLSA, Hailakandi for the financial year 2015-2016 are as under:- Grant Major Head Minor Head Sub Head Detail Head Plan/Non- Amount Allocated No. Plan 01 2014 Administration of 800 -Other 185- Legal 01-Saliries Non-Plan Justice expenditure Aid to Poor. Rs.18,00,000/- -do- -do- -do- -do- 03 -TE -do- Rs.15,000/- -do- -do- -do- -do- 04 - OE -do- Rs.1,00,000/- -do- -do- -do- -do- 05 - PP&SS -do- Rs.80,000/- (xii) MANNER OF EXECUTION OF SUBSIDIES PROGRAMMES, INCLUDING THE AMOUNTS ALLOCATED AND THE DETAILS OF BENEFICIARIES OF SUCH PROGRAMME LIST OF INSTITUTIONS GIVEN SUBSIDY LIST OF INDIVIDUALS GIVEN SUBSIDY (xiii) PARTICULARS OF RECIPIENTS OF CONCESSIONS, PERMITS OR AUTHORITIES GRANTED (xiv) DETAILS IN RESPECT OF THE INFORMATION, AVAILABLE TO OR HELD BY IT, REDUCED IN AN ELECTRONIC FORM Sl. NO Activities for which electronic data available Can it be shared with Public Is it available on website or is being used as back end database 1. Legal Services Authorities Act, 1987 as Available on website of NALSA amended by Legal Services Authorities Yes (Amendment) Act, 2002. 2 Photo Gallery of DLSA (H). Yes Available in the website of this authority (Page- 6 of 7)
(xv) PARTICULARS OF FACILITIES AVAILABLE TO CITIZENS FOR OBTAINING INFORMATION, INCLUDING THE WORKING HOURS OF A LIBRARY OR READING ROOM, IF MAINTAINED FOR PUBLIC USE. Nil (xvi) THE NAME, DESIGNATION AND OTHER PARTICULARS OF THE PUBLIC INFORMATION OFFICERS. Sl. No. Name of the Public Information Officers with Designation. 1 Sri S. Dey,, A.J.S. District & Sessions Judge -cum- Chairman, D.L.S.A., Hailakandi 2 Sri N. S. Deori,, A.J.S. Civil Judge & Asstt. Sessions Judge-cum- Secretary, District Legal Services Authority, Designation & other particulars of the Public Information Officers. Appellate Officer Public Information Officer. (Page- 7 of 7)...
Name of the Legal Aid Counsels. Postal Address Advocates for Civil Cases 1. Shankar Lal Dutta, Ajachak Polly, Ward No. I, Hailakandi Town, P.O., P.S. & Dist. 2. Numan Mia Barbhuiya, Vill. Barnagad, P.O. Kalibari Bazar, P.S. Algapur, Dist. Pin-788150. 3. Rajesh Kumar Deb, Model Township Colony, Ward No.III, P.O., P.S. & Dist. Pin-788151. 4. Guljar Hussain Laskar, 5. Sazzadur Rah. Mazumder, 6. Nakib Hussain Chaudhury, C/O Abdul Wahab Laskar, Vill. Lakshminagar-I, P.O. Nischintapur, P.S. & Dist. Phone No. 9435460276 9435805132 9435179978 9435792481 Hailakandi Town, Ward No.III, P.O., P.S. & Dist. 9435567648 Vill. Algapur Pt-IV, P.O. Kalibari Bazar, P.S. Algapur, Dist. 9613626930 7. Kamrul Islam Laskar, Vill. Barnagad, P.O. Kalibari Bazar, P.S. Algapur, Dist. 9401163887 Advocates for Criminal Cases 1. Rajib Ahmed Laskar, N.S. Road, Hailakandi, Ward No.XII, P.O., P.S. & Dist. 9435078819 2. Bidhu Prakash Mazumder, Hailakandi Town, Ward No.II, P.O., P.S. & Dist. 9435220202 3. Khalil Uddin Laskar, Hailakandi Town, Ward No.XII, (Near Jr. Science College) P.O., P.S. & Dist. 9435219705 4. Imrul Hussain Jahangir, 5. Shamsul Islam Laskar, 6. Nazmul Hussain Barbhuiya, 7. Mafazzul Hussain Barbhuiya, 8. Azizur Rahman Laskar, Ward No. I, Ajachak Polly, HailakandiTown, P.O. P.S. & Dist. 9435986447 Hailakandi Town, Ward No. I, P.O., P.S. & Dist. 9864513612 S/O Hobibur Rah. Barbhuiya, Vill. Dakshin Sunapur Pt-I, P.O. Matijuri, P.S. & Dist. 9854742229 Hailakandi Town, Ward No.XI, P.O., P.S. & Dist. 9435079928 S/O Nasir Uddin Laskar, Vill. Rajeswarpur-VII, P.S. Lala, Dist. 9. Dipankar Sharma, B.A., Ward No. XIV, Sharmapara, Hailakandi, P.O. Laskhmisahor, P.S. & Dist. 10. Ch. Ibemcha Singha, D/O Ch. Indrakumar Singha, Vill. & P.O. Madaripar, P.S. Lala, Dist. Advocates for Jail Visits 1. Nurul Amin Majumder, 2. Joynul Islam Chaudhury, LL.M. R/O Dara Mill Lane, R.P. Road, Hailakandi, W/No.II, Dist. Hailakandi, Pin-788155. 9854468517 9435219598 9854576753 9854171166 Hailakandi Town, Ward No. I, P.O., P.S. & Dist. 9435219278 3. Mrinal Kanti Dey, S/O Dwijendra Kr. Dey, Vill. Rangabak Pt-II, P.O. Rangabak, P.S. Katlicherra, Dist. Advocates for Juvenile Justice Board 1. Kazi Md. Nurul Alom, Abdul Gani Road, Hailakandi W/No.XII, P.O., P.S. & Dist. 2. Surajit Mallik, S/O Gopendra Mallik, Hailakandi Town, Ward No. XIII, P.O., P.S. & Dist. 9435986088 9435179731 9707832491