- Free and competent legal services are made available to all sections who fulfil the requisite criteria laid down under Section 12 of the Legal Services Authorities Act, 1987 read with Regulation 28 and 29 of the Sikkim State Legal Services Authority Regulation, 1998.
- The Income Ceiling for those entitled u/s 12(h) of the Act has been raised from Rs. 1,00,000/- per annum to Rs. 3,00,000/- per annum vide Notification No. 18/LD/2018 dated 23/11/2018.
- Monitoring Committee as per Regulation No. 10 of the (Free and Competent Legal Services) Regulations, 2010, of NALSA have also been constituted for the High Court of Sikkim and District Legal Services Authorities vide Notification No. 88,89/SLSA dated 4/11/2011.
ENTITLEMENT OF LEGAL SERVICES:
Criteria for Giving Legal Services
Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is:
- a member of a Scheduled Caste or Scheduled Tribe; or
- a victim of trafficking in human beings or beggary as referred to in Article 23 of the Constitution; or
- a woman or a child; or
- a mentally ill or otherwise disabled person; or
- a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or industrial disaster; or
- an industrial workman; or
- in custody, including custody in a protective home, juvenile home, or psychiatric institution under relevant Acts; or
- in receipt of annual income less than Rupees Three Lakhs.
Entitlement to Legal Services
- Persons meeting any criteria under Section 12 are entitled to legal services if the Authority is satisfied they have a prima facie case.
- An affidavit of income may be accepted as proof unless there is reason to disbelieve it.
When can legal services provided to persons be withdrawn?
- Where the person obtains legal services by misrepresentation or fraud.
- Where the person does not cooperate with the Legal Services Authority/Committee or with the Legal Services Advocate.
- Where the person engages a legal practitioner other than the one assigned by the Legal Services Authority/Committee.
- In the event of death of an aided person except in the case of civil proceedings where the right of liability survives.
- Where the application for the legal services of the matter in question is found to be an abuse of the process of law or of legal service.