Section 26. Power to remove difficulties

CHAPTER VII MISCELLANEOUS 1 — [23. Members and staff of Authorities, Committees and Lok Adalats to be public servants. The members including Member-Secretary or, as the case may be, Secretary of the Central Authority, the State Authority, the District Authorities, the Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees and officers and other employees of such Authorities, Committees and the[2] [members of the Lok Adalats or the persons constituting Permanent Lok Adalats] shall be deemed to be public servants within the meaning of section21 of the Indian Penal Code (45 of 1860). 1. Subs. by Act 59 of 1994, s. 17, for sections 23 and 24 (w.e.f. 29-10-1994), 2. Subs. by Act 37 of 2002, s. 5, for "members of the LokAdalats" (w.e.f. 11-6-2002). — 24. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against — (a) the Central Government or State Government; (b) the Patron-in-Chief, Executive Chairman, members of, Member-Secretary or officers or other employees of the Central Authority; (c) Patron-in-Chief, Executive Chairman, member, Member-Secretary or officers or other employees of the State Authority; (d) Chairman, Secretary, members or officers or other employees of the Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees or the District Authority; or (e) any other person authorised by any of the Patron-in-Chief, Executive Chairman, Chairman, Member, Member-Secretary referred to in sub-clauses (b) to (d), for anything which is in good faith done or intended to be done under the provisions of this Act or any rule or regulation made thereunder.] — 25. Act to have overriding effect. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of law other than this Act. 26. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 1 [27. Power of Central Government to make rules.— (1) The Central Government in consultation with the Chief Justice of India may, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the number, experience and qualifications of other members of the Central Authority under clause (c) of sub-section(2) of section3; (b) the experience and qualifications of the Member-Secretary of the Central Authority and his powers and functions under sub-section(3) of section3; (c) the terms of office and other conditions relating thereto, of members and Member-Secretary of the Central Authority under sub-section(4) of section 3; (d) the number of officers and other employees of the Central Authority under sub-section(5) of section3; (e) the conditions of service and the salary and allowances of officers and other employees of the Central Authority under sub-section(6) of section3; (f) the number, experience and qualifications of members of the Supreme Court Legal Services Committee under clause (b) of sub-section(2) of section 3A; (g) the experience and qualifications of Secretary of the Supreme Court Legal Services Committee under sub-section(3) of section3A; 1. Subs. by Act 59 of 1994, s. 18, for sections 27, 28 and 29 (w.e.f. 29-10-1994). (h) the number of officers and other employees of the Supreme Court Legal Services Committee under sub-section(5) of section 3A and the conditions of service and the salary and allowances payable to them under sub-section(6) of that section; (i) the upper limit of annual income of a person entitling him to legal services under clause (h) of section12, if the case is before the Supreme Court; (j) the manner in which the accounts of the Central Authority, the State Authority or the District Authority shall be maintained under section18; (k) the experience and qualifications of other persons of the LokAdalatsorganised by the Supreme Court Legal Services Committee specified in sub-section(3) of section19; (l) other matters under clause (e) of sub-section(1) of section22; 1[(la) the other terms and conditions of appointment of the Chairman and other persons under sub-section (2) of section 22B;] (m) any other matter which is to be, or may be, prescribed.