Rule and Regulation

All Advocates, who are brought on to the panel of the Society by the Executive Committee of the Society for providing their professional services for legal aid, shall be members of the Society.

All Advocates enrolled with the High Court Bar Association would be qualified to be the Member of the Society. Admission as member of the Society will be granted only on the unanimous approval by the Executive Committee of the Society.

A litigant can approach the MIG Society either to file, to pursue already filed, and/or to defend a case in the High Court of Delhi, which shall include suits, Appeals, revisions, references, miscellaneous petitions, writ petitions, bail applications, transfer petition, or any other type of petition that is filed in the Hon’ble High Court to be eligible under the scheme of Society for legal aid, the income of the litigant should not be more than Rs. 60,000/- per month OR more than Rs. 7,50,000/- annually.

If the Executive Committee finds, on such enquiry as it deems fit, that any Advocate on the panel of the Society is/was negligent in conducting the matter of a litigant assigned by the society or has mis-conducted or has done an act unbecoming of an Advocate, his membership of the Society would be liable to be terminated by the Executive Committee.

The General Body shall consist of all the office bearers and members as under :-

• President
• Vice-President
• Secretary
• Treasurer
• Members nominated by the Chief Justice of High Court of Delhi.

• Costs awarded to the Society by the High Court;
• Donations received from Advocates;
• Service charges charged from the litigants;
• Funds made available by National Legal Services Authority (NALSA).

The bank accounts of the Society shall be operated by the Secretary and Treasurer jointly. Two bank accounts shall be opened by the society, one account would be for the funds and costs received under Clause 6. Second account would be of lawyers fees deposited / paid by the litigant as per the schedule.

• The Chief Justice of High Court of Delhi shall nominate a sitting Judge of the High Court of Delhi who would be the President of the Society;
• The Additional Solicitor General for Delhi High Court shall be the Ex-officio Vice President of the Society;
• The present 9 members of the Executive Committee of the Society including the Secretary and the Treasurer, shall be the members of the Executive Committee of the Society for a period of three years.
• On expiry of the period of three years or at any time earlier as may be deemed fit by Honble the Chief Justice of High Court of Delhi, the Executive Committee can be reconstituted in consultation with the Honble President by nominating the members of the Executive Committee.
• The Secretary and the Treasurer of the Society shall be nominated from amongst the members of the Executive Committee by the Honble Chief Justice, High Court of Delhi, in consultation with the President of the Society.
• The Executive Committee shall have the power to co-opt/appoint other members of the Society, or staff, to carry out the aims and objectives of the Society.

• The Executive Committee of the Society shall meet at least once in two months, or earlier if so decided, as deemed expedient and necessary.
• Written prior notice of three days shall be given to every member of the executive committee, for every meeting of the executive committee.
• The Quorum for the meeting of the Executive Committee will be nine, where the presence of the President is mandatory.
• The Executive Committee will take up and decide all matters required to be discussed and resolved as are necessary for carrying out the purposes of the Society and to give effect to the rules of the Society.

• There will be a panel of designated Senior Advocates and other advocates, whose services will be made available to provide legal assistance at nominal rates under the present scheme. While drawing up the panel, care may be taken to include an Advocate who is conversant with the regional language in which Court proceedings are conducted in the Courts, if possible.
• The panel Advocates shall agree to abide by the terms and conditions of the Society qua assignment of case under the scheme.
• Any litigant, who is eligible under the scheme, desirous of availing legal aid under the Society, will have to approach the Secretary of the Society by filing an application in the prescribed Performa as approved from time to time by the Executive Committee, along with the proof of his identity and by filing a copy of the same and also relevant documents and proof of deposition of the charges as prescribed in the Clause 1 of the Fee Schedule.
• An applicant shall swear an affidavit regarding his income at the time of filing of application seeking benefit under the scheme. An affidavit made by a person as to his income may be regarded as sufficient for making him eligible under this scheme unless the secretary of society has reason to disbelieve such affidavit, in which eventuality additional proof of income can be asked and the said factum can be enquired into.
• The rates of fee payable to an Advocate or to a Sr. Advocate (if engaged at the request of or with the consent of the litigant) will be such as indicated in the schedule that may be decided by the Society from time to time hereinafter.
• As soon as the papers are received from a litigant, they would be assigned to an Advocate indicated by the applicant, who is on the panel of the Society. In case, the Advocate, after perusing the papers opines that it is not a fit case to file petition before the High Court of Delhi, in that case the applicant will not be entitled to the benefit of the scheme. Upon such an endorsement being made, the Society shall return the papers forthwith to the applicant after deducting legal advice fees of the lawyer, as may be specified in the schedule of fees from time to time. The balance amount which may have been deposited by the applicant with the Society towards fees and expenses for handling the case, will be refunded to the litigant, without any interest.
• If the Advocate after examining the matter is satisfied that it is a fit case to be proceeded with, then the Society will provide legal assistance to such a litigant.
• The view expressed by the Learned Advocate will be final in so far as the eligibility of the applicant for obtaining the benefit of the Society is concerned.
• The applicant may indicate three names with respect to the Advocates, in order of preference, out of the panel maintained by the Society, to represent his case. The Society would try to honour the choice indicated, but the sole discretion to assign the case to any lawyer shall be that of the secretary, which shall also be final.
• If the advocate, to whom the brief of a litigant is assigned, deems appropriate and necessary to avail the service of a senior advocate, the advocate may submit a request in writing in that regard to the Secretary, indicating any three names from the Senior Advocates panel maintained by the Society. The Secretary shall attempt to honour the choice indicated to the extent possible, but only if the Secretary is satisfied that the engagement of a Senior Advocate is necessary in that litigation, that too with prior consent of the litigant. In case of receipt of request for engaging a senior advocate from the advocate who has been allocated the case, the same shall be informed to the applicant and if the applicant litigant consents to engagement of senior advocate, the Secretary of Society shall satisfy himself about requirement of engaging a senior counsel and in case, the Secretary is satisfied, services of Senior Advocate shall be provided.
• Similarly, any litigant desirous to engage Senior Advocate on the panel of society shall have to give an application in that regard specifically so requesting, after assignment of his/her case, and the litigant may in the same manner indicate, in order of preference, his choice of Senior Advocate, which the Society would try to honour. However, before any such desire of a litigant to engage a Senior Advocate is honoured, the Secretary shall consult the appointed advocate for the litigant on the question whether engaging Senior Advocate is required in the matter and thereafter the Secretary shall satisfy himself also that such an engagement of Senior Advocate is desirable in that case. The decision of the Secretary of the Society to engage a Senior Advocate from the panel shall be final. On a decision to engage a Senior Advocate, the litigant shall be asked to deposit the requisite amount as per the fee schedule towards the remuneration payable to the senior advocate and on such deposit, the matter shall be entrusted to the senior advocate.
• The Society however would be at liberty to assign the matter to any advocate / arguing counsel, Sr. Advocate on the panel. The final right to assign the papers of the applicant, under the scheme to any Advocate, or the arguing counsel or senior counsel, will remain with the Society.
• Any intending litigant desirous of availing the benefit of the Society shall have to fill up the form prescribed, and accept all the terms and conditions contained therein. The Performa shall contain the schedule of fees and expenses, as applicable from time to time. The schedule shall indicate the fees payable for various items of works and shall also indicate the court fees and the approximate expenses for preparation of case file. The applicant shall have to deposit the fee indicated by the staff assistant attached to the Society which will be in accordance with the Schedule attached to the forms approved by the Society from time to time. It is only upon payment of the said amount that the Society will register the case as a case under the High Court of Delhi (Middle Income Group) Legal Aid Society and proceed to forward the papers to the Advocate / Arguing Counsel / Sr. Counsel on the panel for opinion.
• With respect to the approximate expenses for preparation of case file, the Staff Assistant attached to the Society will after perusing the papers, determine as to what would be the approximate amount necessary for the purpose of preparation of the case file, and in accordance with the Schedule, indicate the same to the applicant. If however, for any reason, the amount which is due to the Advocate under the scheme, exceeds the amount indicated by Staff Assistant, then the applicant will be duty bound to remit the difference to the Society, upon the Society certifying it to be so.
• (a) Once the case is assigned to an Advocate it shall the responsibility of the Advocate to deal with the matter as he/she deems fit in the interest of the client, and the Advocate is required to communicate directly with the litigant, and the Society will not monitor the progress of the matter. However, the Society will intercede only if a complaint is received in writing.
• (b) if a complaint is received by the Society from the litigant and / or the concerned Advocate against the litigant/Advocate then the Society after making such enquiry, may take necessary action as may be deemed fit and necessary.
• (c) If the Advocate who is appointed by the Society from the panel is found negligent in the conduct of the case entrusted to him, then he will be required to return the brief and refund the fees which may have been received by him from the applicant under the scheme. This would, however, be only on the decision of the Executive Committee, who would give an opportunity to the Advocate to explain and then take a decision.
• The Society would not be responsible for the negligent handling of the case, but the entire responsibility will that be of the Advocate vis-a-vis the client. The name of the advocate would, however, be struck off from the panel prepared by the Society in case negligence is found in terms of Rule 4 above.
• The honorarium payable to the advocate shall be paid on receipt of a bill after the conclusion of the final hearing of the matter. The advocate concerned shall submit his bill claiming his honorarium and expenses in accordance with the rates mentioned in the schedule along with a copy of proof of filing of the petition/appeal and the final disposal for which the claim is made.
• A litigant seeking availing benefit under the scheme must approach the Society at least ten working days before the end of limitation period in filing the petition / suit, wherever the provisions of the Limitation Act applies. In exceptional and deserving cases this stipulation can be waived if the Advocate nominated by the litigant agrees to process the case within the remaining limitation period.
• The litigant shall also give an undertaking that the litigant shall deposit charges/additional charges according to the fee schedule of this scheme wherever required and as directed by the secretary.

As mentioned in Rule 3A of the present Rules & Regulations.

The schedule of fees and expenses payable by a litigant to the society/advocate, at the time of registration of the Society, shall be as mentioned in the schedule appended to these Rules. However, the schedule is liable to be amended from time to time by the Executive Committee

• The Executive Committee of the Society shall open two Bank Accounts with UCO Bank, High Court of Delhi, New Delhi compound in the name of “The High Court of Delhi (Middle income Group) Legal Aid Society”. In one account, funds received under the scheme as donations; awarded as costs by the High Court of Delhi and; funds received from NALSA shall be kept and disbursed towards office expenses. And in the second account the fees charged from eligible litigants shall be deposited and the fees shall be disbursed to the lawyers. The accounts shall be operated by the Secretary and the Treasurer of the Society jointly.
• The accounts of the Society shall be duly audited since the inception of the Society. The amounts so received, will be used only for the purpose for which the Society is constituted and also to defray all the expenses including the salaries, expenses, and fees in accordance with the schedule fixed hereinabove.
• The Society will maintain complete accounts of the funds received and disbursed by the Society and have them regularly audited.
• A Contingent fund shall be created to meet the miscellaneous expenditure in connection with the cases under the scheme by requiring the applicant to deposit a minimum non-refundable service charges as may be mentioned and amended from time to time in the fee schedule. Out of this Contingent fund, the fees of the Auditor for auditing the accounts of the Society, printing of proformas of the application, forms, vakalatnama, binding of registers for maintaining accounts and all other miscellaneous expenses would be met. The initial expenses for printing of forms etc. and other office expenses shall be met from the initial corpus of the scheme.
• At the time of applying for legal aid, an applicant will have to make initial payment of amount to the society as described in the payment schedule which may be amended from time to time by the society. The payment shall be deposited by the applicant in cash with the society or by way of Bank Draft or online payments. In the event of the Ld. Advocate taking a decision that the case is not fit for being prosecuted or defended in the Hon’ble High Court, then after deducting the opinion fee of the lawyer, if any extra charges are found to have been deposited by the litigant the same shall be refunded to the applicant through cheque.
• The quantum, schedule, pattern and mode of payment of fee to the Advocates under the Society will be as per the schedule as applicable from time to time.
• On the assigning of a case to an Advocate, the intending litigant will be directed to deposit with the Society, the fee and expenses as per schedule as assessed by the Staff Assistant attached to the Society. The payment to the Advocate, or the service charges payable to the Society as stated in the schedule, shall be payable in cash or by bank draft, cheque or online, only. The acceptance of cheque shall be subject to realisation only and the file of a litigant paying through cheque shall be processed only after clearing of cheque. All payments shall be made in favour of The High Court of Delhi (Middle income Group) Legal Aid Society.
• The Advocate shall submit his bill on the basis of the amounts prescribed in the schedule with regard to printing, Court fees, appearance along with a copy of the filing memo in token of proof of filing the Petition/Appeal, for which the claim is made. The advocate will inform the Society about the admission of any matter, so that the litigant can be requested to pay the fees for processing the Appeal, without which information, it will not be possible for the society to recover the amount from the litigant and pay to the Advocate for future hearing of the case. The fees to the Advocate in regular matters, shall be made on receipt of a bill from the Advocate at the time of the conclusion of the final hearing of the matter.

Once in every year, in the month of January, a list of the names, addresses and occupations of the governing body entrusted with the management of the affairs of the society shall be filed with the Registrar of the Societies, Delhi as required under Section 4 of the Societies Registration Act, 1860.

The Society may sue or be sued in the name of the Secretary as per provisions laid down under Section 6 of the Societies Registration Act 1860 as applicable to the National Capital Territory of Delhi. The territorial jurisdiction will only be of Delhi Courts and none else.

Any amendment in the Memorandum of Association or Rules as to alter, extend or abridge the purpose of society or change in the name of the society by the governing body shall be carried out in accordance with procedure laid down under Section 12 and 12A of the Societies Registration Act, 1860, as applicable in Delhi and the Registrar shall be duly informed.

The applicants are required to submit application forms to the MIG Society alongwith complete documents relating to the case. For instance, if he/she seeks to file an Appeal against the Order of a Trial Court, he/she would be required to submit copies of the relevant Orders & judgments and all other relevant documents. If these are in language other than English, litigant to try and send translated copies.

• If the Society needs to be dissolved, it shall be dissolved as per the provisions laid down under Sections 13 & 14 of the Societies Registration Act, 1860 as applicable to the National Capital Territory of Delhi.
• That in the event that the present Society is dissolved at any stage, the entire funds of the Society shall be realised and first be used for payment of the liabilities of the society and in case the assets are left, the funds of the Society will be transferred to any other Society set up for similar object after obtaining necessary approval from the concerned authorities and by complying necessary formalities, if any.

All the provisions under all the Sections of the Societies Registration Act, 1860 as applicable to the National Capital Territory of Delhi shall apply to the Society.

Certified that this is correct copy of Rules and Regulations of the Society.