Bare ActsThe Legal Services Authorities Act, 1987

Section 23

Disposal of applications

Amendment status not verified — confirm the current text below against the official source.

Disposal of applications.— (1) On receipt of an application under rule 22, the “Member Secretary, Secretary or Chairman of the Authority/Committee”24 shall scrutinize the application for the purpose of deciding whether the applicant is entitled to get legal service in accordance with the provisions of these rules, and for the purpose of arriving at such decision he may require applicant to supply further information as may be necessary, and, if necessary, give personal hearing to the applicant and in doing so the Member-Secretary shall have regard to the fact that the applicant is a poor person or belonging to a weaker section of the society and deserves to be assisted in the matter of obtaining legal service. The application shall be processed as early as possible and preferably within fifteen days of its receipt. (2) The decision of the 25“Member Secretary, Secretary or Chairman of the Authority/Committee as the case may be” to provide legal service shall be final: Provided that if the Member-Secretary, Secretary or the Chairman of the Authority/Committee, as the case may be, is of the opinion that the applicant is not deserving of legal service, he may reject the application but such rejection shall be brought to the notice of Executive Chairman of the State Authority by the Member- Secretary of the State Authority, to the Chairman of the High Court Legal Services Committee by the Secretary of the High Court Legal Services Committee, to the Chairman of the District Authority by the Secretary of the District Authority and to the Chairman of the District Legal Services Authority by the Chairman of the Sub-Divisional Legal Services Committee possibly within two weeks of rejection of application for legal service.”26 (3) Where it is decided not to give legal aid to an applicant the reasons for not doing so shall be entered in the register of applications maintained by the Authority/Committee and information in writing to the effect shall be communicated to the applicant. 22 Substituted by Haryana Government vide notification No. 20/5/2001-4JJ(I) dated 2-8-2002. 23 Substituted by Haryana Government vide notification No. 20/5/2001-4JJ(I) dated 2-8-2002. 24 Substituted by Haryana Government vide notification No. 20/5/2001-4JJ(I) dated 2-8-2002. 25 Substituted by Haryana Government vide notification No. 20/5/2001-4JJ(I) dated 2-8-2002. 26 Substituted by Haryana Government vide notification No. 20/5/2001-4JJ(I) dated 2-8-2002. The Haryana State Legal Services Authority Rules, 1996 38 (4) No legal service shall be granted or continued after the legal service is granted, if the Authority/Committee is satisfied that:- (a) The applicant has knowingly made false statement or furnished false information as regards his means or place of residence; or (b) In proceedings other than the one relating to criminal prosecution there is no prima facie case to institute, or as the case may be, to defend the proceedings; or (c) The application is frivolous and fictitious; or (d) The applicant is not entitled to the same under rule 19 or any other provisions of the rule; or (e) Having regard to all the circumstances of the case, it is otherwise not reasonable to grant it.

Section 23 – The Legal Services Authorities Act, 1987 | DailyLaw.ai