Legal Aid Act, 2054 (1997)

Legal Aid Act, 2054 (1997)

Date of Authentication and publication:

2054.9.7 (Dec. 22, 1997)

Amendment Act:

1. Some Nepal Acts Amendment Act, 2055 2055.10.17(Jan. 31, 1999)

Act no. 16 of the Year 2054

An Act made to provide for managing the Legal Aid

Preamble : Whereas, it is expedient to make legal provisions regarding legal aid for

those persons who are unable to protect their legal rights due to financial and social

reasons to provide for equal justice to all according to the Principle of Rule of Law.

Now, therefore, be it enacted by Parliament on the twenty- sixth year of reign of

His Majesty the King Birendra Bir Bikram Shah Dev.

1. Short Title and Commencement: (1) This Act may be called "Legal Aid Act,

2055 (1997)."

(2) Section 1 of this act shall come into force immediately whereas other

Sections of this Act shall come into force in the specified regions from the

specified date after the notification published in Nepal Gazette by Government of

Nepal.

2. Definitions: In this Act, unless the subject and context otherwise requires:

(a) "Legal Aid" means Legal Aid to the indigent person under this Act and the

term also includes counseling and other legal services such as

correspondence pleadings, preparation of legal documents and proceedings

in the courts or offices on behalf of indigent person.

(b) "Central Committee" means Central Legal Aid Committee constituted

pursuant to Section 6.

(c) "District Committee" means District Legal Aid Committee constituted

pursuant to Section 7.

(d) "Court" means that court or offices where the party in litigation requiring

Legal Aid is in proceedings and the term also includes authority or office

empowered in litigation or other proceeding.

(e) "Specified" or "As specified" means specified or as specified in the Rules

made under this Act.

3. Person authorized for Legal Aid: (1) A person having less than the

specified annual income shall only be entitled to Legal Aid under this Act.

(2) The Concerned Committee shall be authorized to grant or deny Legal

Aid to a particular person.

(3) The Concerned Committee while deciding for Legal Aid shall consider

and discourage unnecessary harassment to other and tendency towards litigation

on baseless ground.

4. Reimbursement of the expenses of Legal Aid: (1) A Party in Legal Aid has to

reimburse the expenses of the concerned committee as prescribed to the

Committee if he/she receives any property or economic gain in consequences

of receiving Legal Aid.

Provided that, if it is found unfair to the party for reimbursement, the

concerned committee shall waive partially or fully the expenses to the party.

(2) The court in its order may direct the party in litigation for

reimbursement of expenses to the concerned committee on the expenses made in

course of legal aid and such direction shall be implemented in accordance with

prevailing laws.

5. Panel of Lawyers and Remuneration: (1) The Concerned committee shall

prepare separate lists of panel of Lawyers from among the members of Nepal Bar

Association for each different subject or nature to provide legal aid to the indigent

person.

Provided that,

(1) At the certain district where the bar unit of Nepal Bar Association

has not been constituted non-member lawyers of Nepal Bar

Association from such district may also be listed in the panel of

lawyers to provide Legal Aid.

(2) Concerned committee of one district while constituting panel of

lawyers may also list the lawyers of another district with the consent

of concerned lawyer in case of non-availability of appropriate lawyer

in the district for a related subject or nature of the cases.

(2) Lawyers listed in the panel of lawyers pursuant to Sub-section (1) shall

be authorized to provide legal aid to the indigent person.

(3) Concerned committee shall have power to list the name of certain

lawyer in the panel or exclude the name of certain lawyer from the panel pursuant

to Sub-section (1).

Provided that, the concerned lawyer may file complain as specified against

the exclusion of his/her name from the panel.

(4) Concerned committee shall provide remuneration as specified to the

lawyer providing legal aid.

6. Constitution, functions, duties and powers of central Legal Aid Committee:

(1) A Central Legal Aid Committee shall be constituted for making necessary

arrangements to provide legal aid to the indigent person and the committee shall

comprised of the following members:

(a) Law and Justice Minister - Chairman

(b) Chairperson, Nepal Bar Council - Member

(c) President, Nepal Bar Association - Member

(d) One Legal expert nominated from

Central Committee - Member

(e) Secretary Nepal Bar Association - Member Secretary

(2) The tenure of member nominated pursuant to Sub-section (1) of Clause

(d) shall be of three years.

(3) Functions, duties and powers of Central Committee shall be as follows:

(a) To determine Programme and policy of Legal Aid,

(b) To supervise and control the performance of District Committees

and provide necessary directives to such committees,

(c) To provide grant to District Committee for Legal Aid,

(d) To make necessary arrangement of funding for Legal Aid,

(e) To make a panel of lawyers to represent at Supreme Court on behalf

of indigent person for providing Legal Aid,

(f) To make arrangement to publish and distribute introductory

booklets, pamplet, hand outs relating to law and Legal Aid to aware

general public and make or cause to make arrangement for research

for the same,

(g) To constitute different committees as required and specify functions,

duties and powers of the committees for the purpose of Legal Aid,

**(h) ............

(i) To appoint required staffs for Central Committee.

(j) To delegate some authority out of the powers entrusted to the

committee to any such committee or any staff of central committee

constituted under this Act.

(k) To conduct other functions as prescribed to fulfill the objectives of

this Act.

(4) The procedure relating to the meeting of the Central Committee shall be

as prescribed.

7. Constitution, functions, duties and powers of District Legal Aid Committee:

(1) The District Legal Aid Committee for each district shall be constituted

comprising of the following members to provide legal aid to indigent person at the

district level and also list a panel of lawyers for the purpose of providing legal aid

to the indigent person.

** Deleted by Some Nepal Acts Amendment Act, 2055 (1999)

(a) Government Attorney of the Government Attorney office where the

Appellate Court located, or District Government Advocate where

such Appellate Court is not located - Chairperson

(b) President of superior Bar Unit among the Bar Association Units at

the District - Member

Provided that, President of the District Bar Association shall

be the member for the purpose of Kathmandu District.

(c) Two lawyers nominated from District Committee from among the

lawyers of the district - Member

(d) Secretary of Superior Bar Unit among the Bar Association Units

located in that District - Member Secretary

Provided that, Secretary of District Bar Association shall be

the member-secretary in case of Kathmandu District.

(2) The tenure of the members pursuant to part (c) of sub-section (1) shall

be of 3 years.

(3) The other functions, duties and powers and procedure of the meeting of

the District Committee shall be as prescribed.

8. Legal Aid Fund : (1) There shall be a fund for the functioning of the Legal Aid

and the fund shall have the following money:

(a) Money received from Government of Nepal as grant.

(b) Money received as grant, aid, subscription from an individual,

Association or institution.

(c) Money received from other sources.

(2) The operation of fund pursuant to Sub-section (1) shall be as prescribed.

9. Account and Auditing : (1) The Central Committee and District Committee shall

have to maintain the book of account of income and expenditure in the format as

prescribed in prevailing laws.

(2) The Auditing of the income and expenditure of Central Committee and

District Committees shall be made by the Office of the Auditor General.

10. Provision of Staffing: (1) Staffs may be appointed at Central Committee and

District Committee as required.

ˇˇ(1a) The Central Committee may appoint a person who holds at least a

Bachelor Degree in Law, as an office Secretary. Until such

appointment is made, on the request of Central Committee, the

Government may depute a Gazetted officer to work as an Office

Secretary.

(2) Notwithstanding anything contained in Sub-section (1), the District

Committee shall obtain approval of Central Committee beforehand to appoint a

staff.

(3) The remuneration, condition of the services and facilities of a staff

appointed pursuant to Sub-section (1) shall be as determined by the Central

Committee.

11. Provision of Copies of Document: The Court shall provide the copies of

document to the staffs and lawyers involved in the services of Legal Aid without

charging fee as prescribed in prevailing law.

12. Power to Frame Rules: (1) The Central Committee may frame necessary Rules to

implement the objectives of this Act.

(2) The Rules framed pursuant to Sub-section (1) shall come into force after

it is approved from the Ministry of Law and Justice and Published in Nepal

Gazette.

ˇˇ Inserted by Some Nepal Acts Amendment Act, 2055 (1999)

Note: Date of commencement of Section of the Act and District:

1. Section 6 and 12 of the Act commence from dated 2055.1.26 as per the notice of Nepal

Gazette dated 2055.1.21

2. Other all Section commence on the following district from 2055.7.23 as per the notice of

Nepal Gazette dated 2055.7.23

(1) Sunsari (2) Bara (3) Dolakha (4) Palpa and (5) Banke.

3. Other all Sections commence on the following district from 2056.11.7 as per the notice of

Nepal Gazette dated 2056.11.7

(1) Sarlahi (2) Dhading and (3) Gulmi

4. Other all Sections commence on the following district from 2058.1.1 as per the notice of

Nepal Gazette dated 2057.12.20

(1) Kanchanpur (2) Kaski (3) Makwanpur (4) Dhanusa and (5) Jhapa.

5. Other all Sections commence on the following district from 2060.9.1 as per the notice of

Nepal Gazette dated 2060.8.22

(1) Ilam (2) Morang (3) Parsa (4) Mahotari (5) Kavrepalanchok (6) Rupandehi

(7) Dang (8) Syangja (9) Kailali and (10) Doti

6. Other all Sections commence on the following district from 2060.9.1 as per the notice of

Nepal Gazette dated 2060.8.22

(1) Panchthar (2) Udayapur (3) Sindhuli (4) Chitwan (5) Nawalparasi (6) Baglung (7) Parbat

(8) Arghakhachi (9) Pyuthan and (10) Dadeldhura