Last Change:

12/24/2024

The Legal Aid Services Act

Year: 2000

Type: Domestic law

Rights Category: Liberty & security of person

Description

The Law does not limits its application to citizens only. As the law states that legal aid services are provided to the litigants who are incapable of seeking justice due to financial insolvency, destitution , helplessness and for various socio-economic conditions. As per section 9 of the Act, in very District there should be a District Committee composed certain members, the District or Sessions Judge being the Chairman of the Committee. The District Committee would provide legal air for the litigants incapable of seeking justice due to financial insolvency, destitution , helplessness and for various socio-economic conditions in so far as possible upon considering their applications in accordance with the criteria

Selected provisions
Section 2: Definitions

In this Act, unless there is anything repugnant in the subject or context-
(a) '' legal aid" means to give the litigants who are incapable of seeking justice due to financial insolvency, destitution, helplessness and for various socio-economic conditions –
(i) legal advice and aid in the cases to be filed, filed or pending before a Court;
(ii) remuneration for the mediator or arbitrator appointed for dissolving a case through mediation or arbitration in accordance with section 89A and 89B of the Code of Civil Procedure, 1908 (Act No. V of 1908);
(iii) any other assistance along with expenses for a case;
(iv) remuneration for the lawyers at the rate determined by the regulations for the purposes of sub- section (i) to (iii);
(g) "litigant" means the person who is or likely to be the plaintiff, defendant, complainer or accused of a civil, family or criminal case to be filed or filed in any court;

Section 7: Duties and functions of the Organization

The duties and functions of the Organization shall be as follows:—
(a) to set up criteria in determining the eligibility of the litigants who are incapable of seeking justice due to financial insolvency, destitution, helplessness and for various socio-economic conditions for receiving legal aid and make procedure for providing legal aid;
(b) to take projects for expanding, upgrading and promoting legal aid programmes;
(c) to take and administer educational and research activities for providing legal aid;
(cc) to facilitate training for the officers and employees of the Organization for ensuring legal aid services;
(ccc) with a view to ensuring legal aid services, to facilitate training for the members of the Supreme Court Committee, District Committees, Special Committees, Upazila Committees or Union
Committees;
(d) with a view to creating public awareness on legal aid, to publicize it widely through radio, television, newspaper and other media;
(e) to consider the applications or petitions rejected by the District Committees or Special Committees;
(f) to supervise and control the activities of the Supreme Court Committee, District Committees and the Special Committees, and to make local inspection of their activities;
(g) with a view to creating public awareness on legal rights and responsibilities, to take the following measures, namely:-
(i) to disseminate legal education;
(ii) to make legal information easily available;
(iii) to take initiatives to raise the percentage of the people of basic legal knowledge;
(iv) to ensure easy access to justice;
(v) to publish book-lets, pamphlets, etc. containing information on legal aid, along with arranging meetings, seminars and workshops;
(h) to do any other act necessary for carrying out the aforesaid functions and duties.

Section 9: District Committee

(1) In every district, there shall be a District Committee of the Organization and it shall, subject to the provisions of subsection (2), consist of the following members, namely:—
(a) the District and Sessions Judge who shall also be its Chairman;
(aa) the Chief Judicial Magistrate, or an officer, not below the rank of Additional Chief Judicial Magistrate, nominated by him;
(b) the District Magistrate, or an officer, not below the rank of Additional District Magistrate, nominated by him;
(c) the Superintendent of Police of the concerned district, or an officer, not below the rank of Additional Superintendent of Police, nominated by him;
(cc) the Civil Surgeon of the concerned district, or a Deputy Civil Surgeon to be nominated by him;
(d) the District Jail Superintendent;
(e) the District Social Welfare Officer, if any;
(f) the District Women Affairs Officer, if any;
(ff) the District Children Affairs Officer, if any;
(fff) the District Information Officer;
(g) the Chairman of the District Committee of Jatio Mahila Sangstha or a representative of the committee nominated by her;
(gg) one Mayor of the municipalities, a Upazilla Chairman and one prominent person of the concerned district to be nominated by the Government;
(h) the President of the District Bar Association;
(i) the Government Pleader of the concerned district;
(j) the Public Prosecutor of the concerned district;
(jj) the Public Prosecutor of the Metropolitan Sessions Court;
(k) one of the Non-government Inspectors of the jail of the concerned district, if any, to be nominated by the Government;
(kk) in case of hill districts, two members of the concerned Hill District Council to be nominated by the Chairman of the Council, among whom one shall be a woman;
(l) one representative from non-governmental voluntary organizations of the concerned district, if any, nominated by the Chairman of the District Committee;
(m) the elected General-Secretary of the District Bar Association;
(n) the Legal Aid Officer, who shall also be its Member-Secretary.
(2) In the districts where there is a Metropolitan City, the Metropolitan Sessions Judge, the Chief Metropolitan Magistrate and the Metropolitan Police Commissioner shall also be the members of the District Committee.
(2A) If there is any Nari O Shishu Nirjatan Daman Tribunal in a district, the Judge and the Special Public Prosecutor of the Tribunal shall be the members of the District Committee:
Provided that if there are more than one Nari O Shishu Nirjatan Daman Tribunals in a district, the senior most Judge of the Tribunals and among the Special Public Prosecutors the senior one shall be the member.
(2B) In the districts, where there is a City Corporation, two councilors to be nominated by the Mayor of the City Corporation shall be the members of the District Committee, among whom one shall be a woman.
(3) The members nominated under clauses (g), (k) and (l) of sub-section (1) and the prominent person nominated under clause (gg) of the said sub-section shall hold office for a term of two years from the date of their nomination:
Provided that the nominating authority may discharge any such member from his office without showing cause before the expiry of such term:
Provided further that such a member may resign his office by writing under his hand addressed to the Government.

Section 10: Duties and functions of the District Committee

Duties and functions of the District Committee.— (1) The duties and functions of the District Committee shall be as follows:-
(a) to provide legal aid for the litigants who are incapable of seeking justice due to financial insolvency, destitution, helplessness and for various socio-economic conditions in so far as possible upon considering their applications or petitions in accordance with the criteria determined and policies formulated by the Organization;
(b) in the case of accepted applications or petitions, to determine the types and terms of legal aid to be given to the applicants or petitioners;
(c) to develop plans and take projects for implementing the legal aid programmes in the district level;
(d) to take necessary measures for creating awareness among the people on legal aid in the district level;
(dd) to provide legal aid upon considering the petitions or recommendations sent by the Upazilla Committee, and the Union Committee;
(e) to perform such other duties as may be conferred on it by the Board;
(f) to do any other act necessary for performing the aforesaid duties and functions.
(2) The Chairman of the District Committee may, if necessary, exercise all powers of the Committee and take decision on behalf of the Committee, and in any case, if any power is so exercised and any decision is so taken, it shall require to be placed for approval in the next meeting of the committee.

Section 15: Panel of the lawyers

(1) The Supreme Court Committee shall make a panel of lawyers, from among the lawyers having at least 5 (five) years experience in Supreme Court, for giving advice and conducting cases filed or to be filed in the Supreme Court in the form of legal aid under this Act.
(2) Every District Committee shall make a panel of lawyers from among the lawyers having at least 5 (five) years experience in District Court, for giving advice and conducting cases filed or to be filed in any District Court in the form of legal aid under this Act.
(2A) Every Special Committee shall make a panel of lawyers from among the lawyers having at least 5 (five) years experience in Labour Court or Outpost Courts, for giving advice and conducting cases filed or to be filed in any Labour Court or Outpost Court in the form of legal aid under this Act.
(3) At least one-third of each panel made under this section shall be from among the women lawyers, if found eligible.
(4) Upon an application or petition of any litigant, if a decision is taken to provide legal aid, the Supreme Court Committee or, as the case may be, the District Committee or the Special Committee shall, for that purpose, appoint a lawyer from the panel:
Provided that, at the time of such appointment, the litigant’s choice shall, as far as possible, be taken into consideration.

Section 16: Application for legal aid

(1) All applications shall be submitted to the Board or, as the case may be, the District Committee for receiving legal aid under this Act.
(2) If any application or petition made under this Act is rejected by the District Committee, the aggrieved person may prefer an appeal to the Board for granting the application or the petition within 60 (sixty) days from the date of such rejection and in this regard the decision of the Board shall be final.