m

Maharashtra State Legal Services Authority, Mumbai

O.No .MSLSA/2023/I56'1_ Date : 12lh May 2023

NOTICE INVITING APPLICATIONS FOR ENGAGEMENT AS

FULL-TIME LEGAL AID LAWYERS IN LEGAL AID DEFENSE
COUNSEL OFFICE IN 24 DISTRICTS OF THE STATE UNDER
MAHARASHTRA STATE LEGAL SERVICES AUTHORITY,
MUMBAI.

The State Legal Services Authority, established under the Legal

Services Authorities Act, 1987 with a mandate to provide free and
competent legal services to the underprivileged and disadvantaged
sections of society to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities and to
secure that the operation of the legal system promotes justice on a basis of
equal opportu nity to all. Please visit the web.si
WWW'Jggalsfimc^s.cnfljii.arashtra.uov.iii for full details.

Realizing the need to ponder over the reforms required in the Legal / \
Movement of India a new model of Legal Services Delivery, the 'Legal A
Defense Counsel System’ (LADCS), in line with public defender system,
introduced by NALSA. As envisaged, LADCS involves full-time engagemeni
lawyers with support system, dealing exclusively with legal aid wor <
criminal matters at every stage starting from the pre-arrest, arrest & remr
stage to the conclusion of trials and appeals etc. It will enhance the avaiiabi
and accessibility of Legal Aid in a timely manner and help in creali
mechanism to provide qualitative and competent legal services
professional manner to underprivileged and disadvantaged section r
society.

I his system will have the effect of enhancing the responsiveness

Legal Aid Mechanism in the country and will ensure accountability <
part of the Legal Aid providers.
 I he Legal Aid Defense Counsel System will also provide a unique
or umity for Law Students to learn from the best. The Chief Legal Aid
se Counsel will be given the liberty to engage law students as i
as interns, to
nem exposure to practical aspects of criminal law including preparation
■lense strategy and doing legal research in various factual scenarios.
Applications aie invited from eligible lawyers having
requisite
lifications for Contractual full-time engagement for the posts of Chief
ai Aid Counsel, Deputy Chief Legal Aid Defense
Counsels, Assistant
ai Aid Defense Counsels as per the Scheme in 24 districts. The numbcr
)resent engagement positions and their respective honorarium
are
Down in para 10 and 11 of the Advertisement. The Lawye
rs so engaged
' ih not be allowed to take any other private cases
or any other
■ -tainership.

The Scheme of engagement along with the application form may be

downloaded from the official website of Maharashtra SLSA
• y^wlcHa 1 se rv i ces. ma h a m shirILgpy.in) and also from Notice board of DLSA
c incerned. XltC duly filled application form along with self-nt-tested ennio,- nf
^TUiments may bg submitted to Pl.SA wherein the candiriam Hesire. rn .pph,
.' rough sp_egd post or in an envelope personally in the office nf the Serreiary
!2CSA on or before Plsi [une. 2021 hv 17.nn hre Any application ......... received
a, let the due date shall not be considered
Note: Applying for engagement docs not create any right/ assurance
whatsoever.

[Dinesh P. Surana)
Member Secretary
Maharashtra SLSA, Mumbai
 GGUIDELINES FOR ENGAGEMENT AS FULLTIME LEGAL AID
LAWYERS IN LEGAL AID DEFENSE COUNSELS IN
DLSAs

'cope of Work:

Legal Aid Defense Counsel Office shall be dealing exclusively with legal aided
matters m criminal matters of the District or HQ, wherein it is established. It
nail be providing legal services from the early stages of criminal justice till
appellate stage, and the same shall include visits to jails from catering to the
legal needs of unrepresented inmates. Initially, it shall not be dealing with all
types of evil matters and cases of the complainant, wherein present counsel
assignment system (Panel Lawyers) will continue to be operational. The
following end to end legal services shall be provided through the Legal Aid
Odense Counsel Office:
o Legal Advice and Assistance to all individuals visiting the office,
o Representation/Conducting trials and appeals including all
miscellaneous work in all criminal courts such as Sessions, Special
and Magistrate Courts including executive courts,
o M and ling Remand and Bail work,
o Providing legal assistance at the pre-arrest stage as per need and also
in accordance with NALSA’s scheme for providing such assistance,
o Any other legal aided work related to District Courts or as assigned
by the Secretary DLSA,
o Periodic visit ol Prisons of the district under the guidance of the
Secretary, DLSA.
2. Selection Procedure:

Alter due publicity including public notice, applications will be invited and a
fail, transparent and competitive selection process shall be adopted by DLSA
under the guidance of SLSA. Legal Aid Defence Counsels shall be engaged
on
contract basis in each place/district initially for a period of two years with a
stipulation ol extension on yearly basis on satisfactory performance. The
performance of each human resource shall be assessed in every six months by
SLSA in consultation with DLSA concerned. Selection of Chief Legal Aid
Defense Counsel, Deputy Chief Legal Aid Defense Counsels, and Assistant
Legal Aid Defense Counsels will be purely based on merit, taking into account
the knowledge, skills, practice and experience of candidates. The selection shall
 be carried out by Selection committee under the Chairmanship of the Principal.
District & Sessions Judge (Chairman, DLSA) as envisaged in NALSA (Free
and Competent Legal Services) Regulations 2010, subject to final approval by
the Executive Chairman, SLSA. In the selection •
committee at least three senior
most judicial officers posted at HQ, dealing mainly criminal
cases, preferably
sessions cases, will also be included. No person with conflict of interest shall
be pan of selection process. After approval by the Executive Chairman, SLSA,
engagement contract will be executed between the Secretary DLSA and the
person so engaged. The eligibility criterions are as follows:-
a) Qualifications for Chief Legal Aid Defense Cou nscl:
• Practice in Criminal law for at least 10 y ears,
• Excellent oral and written communication skills,
• Excellent understanding of criminal law,
• Thorough understanding of ethical duties of a defence
counsel
• itad11^ t0 W°rk effeCliVe‘y and efflcicmly with others with capabilin
fu

• Must have handled at least 30 criminal trials in Sessions Courts.

• Knowledge of computer system, preferable.
• Quality to lead the team with capacity to manage the office
b) Qualifications for Deputy Chief Legal Aid Defense Cou
nscl:
• I lactice in Criminal law for at least 7 years,
• Excellent understanding of criminal law,
• Excellent oral and written communication skills,
• Skill in legal research,
• Thorough understanding of ethical duties of defence counsel,
• Ability to work effectively and efficiently with others,
• Must have handled at least 20 criminal trials in Sessions Conr
• I F Knowledge with proficiency in work,
c) Qualification for Assistant Legal Aid Defense Counsel:.
• Practice in criminal law from 0 to 3 years.
Good oral and written communication skills.
• Thorough understanding of ethical duties of defense counsel.
 • Ability to work effectively and efficiently with others.
• Excellent writing and research skills.
• IT Knowledge with high proficiency in work.
^ Qualifications may be reasonably relaxed in case of exceptional
uiates or circumstances with the approval of the Executive Chairman
A.

Work Profiles :
i) Chief Legal Aid Defense Counsel
o Conducting trials and appeals and bail matters in courts along with
Deputy Chief & Assistant Legal Aid Defense Counsels,
c Assigning duties to Deputy Legal Aid Defense Counsels in the office,
o Assigning duties of Assistant Legal Aid Defense Counsel for assisting
him and Deputy Chief Legal Aid Defense Counsel and for other work
including legal research,
o Lnsuic proper legal research, planning effective defence strategy and
thorough preparation in each and every legal aided case,
o Ensure maintenance of complete files of legal aid seekers,
.ms ure piopci documentation with regard to legal aid assistance
provided, ensure maintaining of up to date record of legal aided cases,
o Will be overall in charge of the administration of the office of Legal
Aid Defense Counsel Office,
o Ensure quality of legal aid,
o Consultation and ensuring updation of the case progress to the client
and his/her rclative(s),
o Any work/duty assigned by Legal Services Authority.
b) Deputy Chief Legal Aid Defense Counsel.
o Conducting trials/ appeals/ Remand work /Bail applications/visits to
prisons etc., as assigned by Chief Legal Aid Defense Counsel,
o Filing and arguing appeals and bail applications in Courts,
o Maintaining complete case files.
o Doing legal research in legal aided cases and guiding assistant Legal
Aid Defense Counsel and Law Students attached with the office in legal
research.
o 1 icpci client interviews at various stages for quality research work and
representation at remand, trial and appellate stage.
 o All or any of the work of the Chief Legal Aid Defense Counsel as per
assignment,
o Any work/duty assigned by Legal Services Authority,
c) Assistant Legal Aid Defense Counsel.
o Filing of cases, conducting trials in Magistrate trial cases,
o Rcmand/bail and other miscellaneous work,
o legal research in legal aided cases,
o Visits to Prison and Legal Aid Clinics as per directions,
o Providing assistance at pre-arrest stage to suspects,
o Assisting Chief Legal Aid Defense Counsel and Deputy Legal Aid
Defense Counsel in conduct of legal aided cases,
o Assisting in developing a defence strategy after sifting through all of ihc
evidence collected by the prosecution and after hearing the accused's
version of what happened during the alleged crime in question,
o Visiting location/area of alleged crime, having discussions with family
members etc , for effective and meaningful input for defense strategy,
o Handling queries of legal aid seekers,
o Updating legal aid seekers about the progress of their cases,
o Assisting in maintaining complete files of legal aided cases.
o Handling legal queries relating to criminal matters on telephone,
o Any other work related to legal aid assigned by Chief Legal Aid
Defense Counsel,
o Any work/duty assigned by Legal Services Authority,
4. Termination of Services:

Seivices of any Legal Aid Defense Counsel engaged in the office of I. e<
Aid Defense Counsel can be terminated at any time without any prior
in the following cases by the Chairman, DLSA on the recommendation
Secretary DLSA or on directions by SLSA in writing:

i. He/she substantially breaches any duty or service required in the ol

or
11. Seeks or accepts any pecuniary gains or gratification in cash or
from the legal aid seekers or beneficiary or his friend or relative
iii. Charged or Convicted for any offence by any court of law , or
iv. Indulges in any type of political activities, or
V. Found incapable of rendering professional services of the req
standards, or
vi. Failure to attend training programmes without any sufficient cam
 o.
:h 'W ;)
Vf

vn. Jndulgcs in activities prejudicial to

the working of Legal Aid Defense
Counsel Office, or
vi 11. Using his/her position in Legal Aid Defense Counsel Office to secure
nwai ranted pnv,leges or advantages for him/herself or others, or
IX. Acts in breach of code of ethics, or
X.
Remains absent without leave 11
-Oi moic than two weeks, or
XI.
11 services arc found un
.... satisfactory during the six
monthly performance
review by the SLSA or DLSA.
^ ode of Ethics:

Personnel engaged in the office of Legal Aid Defense

Counsel shall observe
the following code of ethics:

No person shall act in any matter in which hc/she has a direct or indirect
personal oi financial interest.
II. No personnel shall wilfully disclose or use, whether or not for the purpose
pecun,a,y gam, any mformation that he/she obtained, received or
squired during the fulfillment of his/her official duties and which is not
available to members of the general public.
111. No personnel within the office of Legal Aid Defen
se Counsel shall make
use of his/her office or employment for the
purpose of promoting or
advertising any outside activity.
IV. No personnel within the office of Legal Aid Defens
_ . , . e Counsel shall engage
n any outside activity or act as an independent practitioner.
v. No personnel within the office of 1
-egal Aid Defense Counsel shall solicit
a8rcC l° whether directly or indirectly, any gift, favour,’
SCI vice, OI ot e, things of value under circumstances from which it might
icasonably mferred that such gift, service, or other things of value was
given o. offered for the purpose of influencing him/her in, or rewarding
him/her lor, the discharge of his/her official duties.
vi. Lega! Aid Defense Counsel shall devote his/her full time to his/her duties
lor the office ol Legal Aid Defense Counsel and shall not engage in the
pnvatc piacticc of law during the term of employment.
vn. Ovcy Pmonncl of,he tfu* Aid Dofcnso Co.msel stall s,„ve
 viii. Legal Aid Odense Counsel shall also follow the code ol ethics prescribed
by Bar Council of India for lawyers.
6. Entitlement to Leave:
• Chief Legal Aid Defense Counsel and Deputy Legal Aid Defense Counsel
shall be eligible for 15 days’ leave in a calendar year on pro-rata basis.
• Assistant Counsel Legal Aid Defense Counsel shall be eligible for 12 days’
leave in a calendar year on pro-rata basis.
• No remuneration for the period of absence in excess of the admissible leave
will be paid to the human resource of Legal Aid Defense Counsel Office.
• Un-availed leave shall neither be carried forward to next year nor encashed.
7. Role of State Legal Services Authority and District Legal Services
Authority:
• Office space planning, and providing infrastructure for office preferably
inside or in proximity to court complex.
•
Providing Office furniture, Office equipment including computers, printer,
internet connectivity and other equipment.
• Purchasing office supplies on need basis.
• Engaging human resource requirement for Legal Aid Counsel Sysi cm
Office.
• Ensuring proper functioning of Legal Aid Counsel System Office.
• Ensuring effective monitoring and mentoring.
• Periodical evaluation of legal services delivered through Legal Aid
Counsel System Office.
• Regular trainings and refresher courses for Legal Aid Counsel engaged m
Legal aid Counsel System Office.
• Renovation of office space when necessary.
• Pioviding Books such as Bare Acts and Commentaries for Legal A
Defense Counsel Office
• Providing Legal Research Software.
• Timely payment of monthly honorarium to Legal Aid Counsel and all
engaged for Legal Aid Defense Counsel Office.
I ayment with regard to expert witnesses, if their services arc taken.
• Payment for expenses incidental such as travelling expenses etc.
• Information/promotional campaigns/programmes with regard to I .eun 1
Defense Counsel Office.
 Engagement with Law Schools :
Law schools often send their students
to Legal Services Institutions for
internship. Moreover, Clinics of Law Colleges also collaborate with Legal
Services Institutions. Law students can be engaged with the Legal Aid
Defense Counsel Of lice as to give them meaningful exposure to practical
aspects oi criminal law including preparing a defense strategy and doing legal
research in various factual scenarios. Law students may be so engaged in the
following areas in Legal Aid Defense Counsel Office:
• Legal research in criminal cases,
• Visiting scenes of erimes,
• Interviewing accused and their family members
and oilier relevant
persons,
• Visits of Prisons and Legal Aid Clinics,
• Associating in campaign undertaken.
Assist in sifting through all ol the evidence collected by the prosecution
and providing ellective input for preparing defense strategy.
The internship to law students can be ollered for a period upto 3 months. The
law students so engaged shall not be paid any stipend by the Legal Services
Authorities but the certificate of work and period of work will be issued jointly
by the Chief Defense Counsel & Secretary, DLSA.

9. Monitoring and Evaluation:

I he work and perlormance shall be closely monitored by the Secretary DLSA

and a monthly review meeting will be organised under the chairmanship of
the Chairman, DLSA. I he Minutes of the meeting shall be send to SLSA. A
quarterly review meeting with every LADCS office and the Secretary, DLSA
wiH be organised by the Member Secretary, SLSA and minutes shall be
send to NALSA. On half yearly basis review meeting shall be organised by
NALSA. The formats for such data sharing will be shared at the time of
launch. Monitoring shall be continuous process and at the end of six months
ihe perlormance ol every human resource shall be evaluated by the SLSA
under the guidance of I lon'ble Executive Chairman, SLSA.
• Monitoring and Mentoring Committee shall monitor legal aid work of Legal
Aid Defense Counsel Office.
• Ihe C.hiel Legal Aid Delense Counsel shall be involved in monitoring &
mentoring of Legal Aid eases of the district.
10. Honorarium (Retainer ship fee):
Class - A Towns

Assistant
Chief Legal Aid Deputy Legal
DLSA / Town Legal Aid
Counsel Aid Counsel
Counsel
1 Nagpur 9 5,0 0 0 70,00 0 40,000

2 Pune 1,00,000 75.000 45,000

3 Solapur 90,000 70,000 40,000

4 Thane 1,00,000 75,000 45,000

5 Nasik 90,000 7 0,000 40,000

Class - II Towns

1 Amravali 00,000 60,000 35,000

2 Chandrapur 80,000 60,000 35,000

3 Dhulc 80,000 60,000 35,000

4 JaIga o n 80,000 60,000 35,000

5 Kolhapur 80,000 60,000 35,000

6 Lalur 80,000 60,0 00 35,000

7 Parbhani 80,000 60.000 35,000

8 Sangli 80,000 60,000 35,000

9 Satara 80,000 60,000 35,000

10 Yavatmal 80,000 60,000 35,000

Class - C Towns
1 Becd 70,000 50,000 30,000
2 Bhandara 70,000 50,000 30,000

3 Buldana 70,000 50,000 30,000

4 Gondia 70,000 50,000 30,000

5 Nandurbar 70,000 50,000 30,000

6 Raigad 70,000 50,000 30,000

7 Ratnagiri 70,000 50,000 30,000

8 Sindhudurg 70,000 50.000 30,000

9 Wardha 70,000 50,000 30,000

 —‘incy position: This acIvrrti^M.n^ j
------------------------------ - is only for the following vacnnrics.
Legal Aid Defense Counsel System
Requirement of Human Resources
Sr. I Chief Legal Aid Deputy Chief
No. I NAMI- OF DLSA Defense Assistant Legal
I.cgal Aid Defense Aid Defense
Counsel Counsel Counsel
1 Amravati
• ------ 1
Heed 1
1
Hhandara
4 i
Buldana
1
S Chandrapur 1
1
6 Phulc
1
7 Condia
1 1
a J alga on i
i
9 Kolhapu r 1
10 latur
1
Nagpur
1
12 Nandurbar
. 1 1
ia Nasik
i
M Pai'bhani
1
15 l^unc
1
16 Kaigad 1
17 l^atnagiri 1
1
ia Sangli i
i
19 S a tar a
1
20 Solapu r
1
21 Sindluid u rg 1
22 Thane 1
1
25 Ward ha 1
24 Yavatmal 1 1

Note:In case of any discrepancy, please refer to

approved sehemeby NALSA.
 APPLICATION FOR KNGACKMENT AS FULL TIME LEGAL AID LAWYER IN
LEGAL AID DEFENSE COUNSEL SYSTEM

STATE : MAHARASHTRA
DISTRICT: PHOTO
I P i'.sp.'r r si/*
Application No.
(For Office use)

APPLICATION FOR CHIEF/DEPUTY/ASSISTANT LEGAL AID DEFENSE COUNSEL

1. Applicant’s Name
2. Father/Husband's Name
3 Date of Birth
4. Age (as on 01-08-2022)
5. Gender
6. Residential Address
7. Office Address

8. Chamber Address (if any) :

9. Telephone no. (O) :

10. Telephone No. (R)
11. Mobile No. :
12. Fax No. ;
13. E-mail ID :
14. PAN No. ;
15. AADHAR No. :
16. Educational Qualification (Please enclose self-attested copies of documents)

Course Name of Board/ Year of Passing Obtained

University Percentage
Graduation (aggregate)
Professional Degree
LL.B.
LL.M.
Any other (if any)
17. Date of Enrollment as Lawyer:
i S’. Enrollment No. :
(Attach self-attested copy of enrollment certificate issued by Bar Council)
!c). Experience in Bar :
(Duration of actual practice)
(Attach an experience certificate issued by the Bar Association/Council)
(a) Total no. of cases handled:
(b) Nature of cases handled :
(Attach extra sheet, if required)
(c) Specialization, if any :
(The details of a few important
cases, the Applicants have dealt
with/handled and reported
Judgement if any.)
20. Whether empanelled as Central/State Government or :
Government undertaking counsel/pleader
(Indicate period & attach documents)

21. The Courts where the Applicant is

regularly practising
(Enclose Bar Association Membership Certificate)

22. Specify whether earlier remained on the

panel of HCLSC/DLSA or TLSC :
(Indicate period, number of legal aid cases handled &. result)
(attach documents)
23. Whether any disciplinary casc/Complaint is/was
against the Applicant with any Bar Council : YES NO
(If yes, specify details of both disposed & pending with documents)

24. Was any Court case filed against the Applicant or have ever been convicted/ arrested/
detained/ prosecuted/ acquitted/ facing any criminal prosecution by/ in a Court of Law/
Court for any offence? If yes, give details.

25. List of the documents to be attached.

1. Self-Attested copy of Certificates in support of educational qualifications.
2. Self-Attested copy of Certificate in Enrollment issued by the Bar Council
under the Advocates Act, 1961.
3. Self-Attested copy of Photo Identity Card, Address Proof.
4. Self-Attested copy of ITR for last 3 years (if available).
5. Photocopies of judgments in 5 Sessions cases, represented as Defense lawyer,
(for the post of Chief/Deputy Legal Aid Defense Counsel).
6. Photocopies of at least 5 cross-examinations in Sessions cases (for
Chief/Deputy Legal Aid Defense Counsel).

(Signature)
 f
DECLARATION

I hereby declare that all the statements made in this application are true, complete and
correct to the best of my knowledge and belief. In the event of any information being found
false/incorrect at any stage, my candidature is liable to be cancelled. I have read and understood
the instructions and terms of the engagement and agree to abide by those. 1 declare that I fulfill
the eligibility conditions for the category to which 1 am seeking engagement. I declare that I
have never been penalized by any Bar Council in any Disciplinary Proceedings. I also undertake
to maintain absolute integrity and discipline as required thereunder. I agree with the
remuneration structure and all the terms and conditions notified by SLSA/DLSA concerned.

(Name & Signature)

Place:
Date: