LEGAL PRACTITIONERS BE AWARE

Legal Services Board in India

There is an impending proposal to constitute a Legal Services Board in India. This board is proposed under new bill whose key features are mentioned below for our valuable readers: 

1. Name of the Bill: A new legislation Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Bill, 2010 is proposed for establishment of Legal Services Board on the lines of the Legal Services Board in U.K. suiting the Indian situation is under consideration. The bill is posted on the website of Ministry of Law and Justice for comments of stakeholders.

2. Purpose of the Bill: A Bill for the establishment of the Legal Services Board and in respect of its functions; to make provision for, and in connection with, the regulation of persons who carry out the activities of legal practitioners; to make provisions for the establishment of an ombudsman for complaints against the professionals and for a scheme to consider and determine complaints against the legal practitioners; to make provision in respect of providing legal services free of charge and for connected purposes.

3. Composition of the Board: The Legal Services Board shall be constituted by Central Government. The composition of the Legal Services Board shall consist of a Chairman, Member Secretary and Other Members. The President of India appoints the Chairman, the Member Secretary is appointed by the Government of India and Other Members are nominated by Central government. For each of the three appointments the concerned appointing authority shall consult the Chief Justice of India and the Chairman of the Bar Council of India.  The members shall include the Chairman of the State Bar Councils, representing the Northern, Southern, Western, Eastern and North-Eastern regions of the country.

4. Qualification of Other Members: The appointment of members of Legal Services Board other than from the category of Chairman of the State Bar Councils regard shall be had such members have experience or knowledge of in the field of –

(a) A legal professional; or

(b) Imparting of legal education; or

(c) Experience in consumer affairs; or

(d) Judge of the High Court; or

(e) Experience in competition law; or

(f) The member of a grievance redressal body at the National level or State level

5. Term of Office: The terms of office and other conditions relating thereto, of Chairman, Member-Secretary and other members shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India and the Chairman of the Bar Council of India.  The Chairman of the Legal Services Board shall not, during the appointment carry on any activity relating to practice of law for or in expectation of any fee, gain or reward.

6. Salary and Allowances: The officers and other employees of the Legal Services Board shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the Central Government in consultation with the Chief Justice of India and Chairman of the Bar Council of India. The administrative expenses of the Legal Services Board including the salaries, allowances and pensions payable to the Chairman, Member-Secretary, Officers and other employees of the Legal Services Board shall be defrayed out of the Consolidated Fund of India.

7. Orders and Decisions: All orders and decisions of the Legal Services Board shall be authenticated by the Member-Secretary, members or other officers of the Legal Services Board duly authorized by the Chairman of the Board.