LEGAL SERVICES AUTHORITIES ACT 1987

THE LEGAL SERVICES AUTHORITIES ACT, 1987

ACT No. 39 OF 1987

[As Amended by the Legal Services Authorities (Amendment) Act,2002]

11thOctober, 1987

An Act to constitute legal services authorities to provide freeand competent legal services to the weaker sections of the society to ensurethat opportunities for securing justice are not denied to any citizen by reasonof economic or other disabilities, and to organise Lok Adalats to secure thatthe operation of the legal system promotes justice on a basis of equalopportunity.

Be it enacted by Parliament inthe Thirty–eighth Year of the Republicof India as follows: –

CHAPTER I

PRELIMINARY

1.Short title, extent andcommencement: (1) ThisAct may be called the Legal Services Authorities Act, 1987.

(2) It extends to the whole of India, except the State of Jammu and Kashmir.

(3) It shall come into force onsuch date as the Central Government may, by notification, appoint; anddifferent dates may be appointed for different provisions of this Act and fordifferent States, and any reference to commencement in any provision of thisAct in relation to any State shall be construed as a reference to thecommencement of that provision in that State.

2.Definitions: (1) In this Act, unless thecontext otherwise requires, –

[(a) "case" includes a suit or anyproceeding before a court;

 

(aa) "CentralAuthority" means the National Legal Services Authority constituted undersection 3;

 

(aaa) "court" means acivil, criminal or revenue court and includes any tribunal or any otherauthority constituted under any law for the time being in force, to exercisejudicial or quasi–judicial functions;]

(b) "DistrictAuthority" means a District Legal Services Authority constituted undersection 9;

[(bb) "High Court LegalServices Committee" means a High Court Legal Services Committeeconstituted under section 8A;]

(c) "legal service"includes the rendering of any service in the conduct of any case or other legalproceeding before any court or other authority or tribunal and the giving ofadvice on any legal matter;

(d) "Lok Adalat"means a Lok Adalat organised under Chapter VI;

(e) "notification"means a notification published in the Official gazette;

(f) "prescribed"means prescribed by rules made under this Act;

[(ff) "regulations"means regulations made under this Act;]

(g) "scheme" meansany scheme framed by the Central Authority, a State Authority or a DistrictAuthority for the purpose of giving effect to any of the provisions of thisAct;

(h) "State Authority"means a State Legal Services Authority constituted under section 6;

(i) "StateGovernment" includes the administrator of a Union territory appointed bythe President under article 239 of the Constitution.

[(j) "Supreme Court LegalServices Committee" means the Supreme Court Legal Services Committeeconstituted under section 3A;

 

(k) "Taluk Legal ServicesCommittee" means a Taluk Legal Services Committee constituted undersection 11A.]

(2) Any reference in this Actto any other enactment or any provision thereof shall, in relation to an areain which such enactment or provision is not in force, be construed as areference to the corresponding law or the relevant provision of thecorresponding law, if any, in force in that area.

CHAPTER II

THE NATIONAL LEGAL SERVICES AUTHORITY

[3.Constitution of NationalLegal Services Authority: (1) The Central Government shall constitute abody to be called the National Legal Services Authority to exercise the powersand perform the functions conferred on, or assigned to, the Central Authorityunder this Act,

(2) The Central Authority shallconsist of –

(a) the Chief Justice of India who shallbe the Patron–in–Chief;

(b) a serving or retried Judgeof the Supreme Court to be nominated by the President, in consultation with theChief Justice of India, who shall be the Executive Chairman; and

(c) such number of othermembers, possessing such experience and qualifications, as may be prescribed bythe Central Government, to be nominated by that Government in consultation withthe Chief Justice of India.

(3) The Central Governmentshall, in consultation with the Chief Justice of India, appoint a person to bethe Member–Secretary of the Central Authority, possessing suchexperience and qualifications as may be prescribed by that Government, toexercise such powers and perform such duties under the Executive Chairman ofthe Central Authority as may be prescribed by that Government or as may beassigned to him by the Executive Chairman of that Authority.

(4) The terms of office andother conditions relating thereto, of members and the Member–Secretaryof the Central Authority shall be such as may be prescribed by the CentralGovernment in consultation which the Chief Justice of India.

(5) The Central Authority mayappoint such number of officers and other employees as may be prescribed by theCentral Government, in consultation withthe Chief Justice of India, for the efficient discharge of its functions underthis Act.

(6) The officers and otheremployees of the Central Authority shall be entitled to such salary andallowances and shall be subject to such other conditions of service as may beprescribed by the Central Government in consultation with the Chief Justice ofIndia.

(7) The administrative expensesof the Central Authority, including the salaries, allowances and pensionspayable to the Member–Secretary, officers and other employees of theCentral Authority, shall be defrayed out of the Consolidated Fund of India.

(8) All orders and decisions ofthe Central Authority shall be authenticated by the Member–Secretary orany other officer of the Central Authority duty authorised by the ExecutiveChairman of that Authority.

(9) No act or proceeding of theCentral Authority shall be invalid merely on the ground of the existence of anyvacancy in, or any defect in the constitution of, the Central Authority.

3A.Supreme Court Legal ServiceCommittee: (1) the Central Authorityshall constitute a committee to be called the Supreme Court Legal ServicesCommittee for the purpose of exercising such powers and performing suchfunctions as may be determined by regulations made by the Central Authority.

(2) The Committee shall consistof–

(a) a sitting Judge of theSupreme Court who shall be the Chairman; and

(b) such number of other memberspossessing such experience and qualifications as may be prescribed by theCentral Government,

to be nominated by the ChiefJustice of India.

(3) The Chief Justice of India shallappoint a person to be the Secretary to the Committee, possessing suchexperience and qualifications as may be prescribed by the Central Government.

(4) The terms of office andother conditions relating thereto, of the members and Secretary of theCommittee shall be such as may be determined by regulations made by the CentralAuthority.

(5) The Committee may appointsuch number of officers and other employees as may be prescribed by the CentralGovernment, in consultation with the Chief Justice of India, for the efficientdischarge of its functions.

(6) The officers and otheremployees of the Committee shall be entitled to such salary and allowances andshall be subject to such other conditions of service as may be prescribed bythe Central Government in consultation with the Chief Justice of India.]

4.Functions of the CentralAuthority: TheCentral Authority shall [*] performall or any of the following functions, namely: –

(a) lay down policies andprinciples for making legal services available under the provisions of thisAct;

(b) frame the most effectiveand economical schemes for the purpose of making legal service available underthe provisions of this Act;

(c) utilise the funds at itsdisposal and make appropriate allocations of funds to the State Authorities andDistrict Authorities;

(d) take necessary steps by wayof social justice litigation with regard to consumer protection, environmentalprotection or any other matter of special concern to the weaker sections of thesociety and for this purpose, give training to social workers in legal skills;

(e) organise legal aid camps,especially in rural area, slums or labour colonies with the dual purpose ofeducating the weaker sections of the society as to their rights as well asencouraging the settlement of disputes through Lok Adalats;

(f) encourage the settlement ofdisputes by way of negotiations, arbitration and conciliation;

(g) undertake and promoteresearch in the field of legal services with special reference to the need forsuch services among the poor;

(h) to do all things necessaryfor the purpose of ensuring commitment to the fundamental duties of citizensunder Part IV A of the Constitution;

(i) monitor and evaluateimplementation of the legal aid programmes at periodic intervals and providefor independent evaluation of programmes and schemes implemented in whole or inpart by funds provided under this Act;

[(j) provide grants–in–aidfor specific schemes to various voluntary social service institutions and theState and District Authorities, from out of the amounts placed at its disposalfor the implementation of legal services schemes under the provisions of thisAct;]

(k) develop, in consultationwith the Bar Council of India, programmes for clinical legal education andpromote guidance and supervise the establishment and working of legal servicesclinics in universities, law colleges and other institutions;

(l) take appropriate measuresfor spreading legal literacy and legal awareness amongst the people and, inparticular, to educate weaker sections of the society about the rights, benefitsand privileges guaranteed by social welfare legislations and other enactmentsas well as administrative programmes and measures;

(m) make special efforts toenlist the support of voluntary social welfare institutions working at thegrass–root level, particularly among the Scheduled Castes and theScheduled Tribes, women and rural and urban labour; and

(n) coordinate and monitor thefunctioning of [State Authorities, District Authorities, Supreme Court LegalServices Committee, High Court Legal Services Committees, Taluk Legal ServicesCommittees and voluntary social service institutions] and other legal servicesorganisations and give general directions for the proper implementation of thelegal services programmes.

5.Central Authority to work incoordination with other agencies: In the discharge of its functions under this Act, the CentralAuthority shall, wherever appropriate, act in coordination with othergovernmental and non–governmental agencies, universities and othersengaged in the work of promoting the cause of legal services to the poor.

CHAPTER III

STATE LEGAL SERVICES AUTHORITY

[6.Constitution of StateLegal Services Authority: (1) Every State Government shall constitute abody to be called the Legal Services Authority for the State to exercise thepowers and perform the functions conferred on, or assigned to, a StateAuthority under this Act.

(2) A State Authority shallconsist of–

(a) the Chief Justice of theHigh Court who shall be the Patron–in–Chief;

(b) a serving or retired Judgeof the High Court, to be nominated by the Governor, in consultation with theChief Justice of the High Court, who shall be the Executive Chairman; and

(c) such number of othermembers, possessing such experience and qualifications as may be prescribed bythe State Government, to be nominated by that Government in consultation withthe Chief Justice of the High Court.

(3) The State Government shall,in consultation with the Chief Justice of the High Court, appoint a personbelonging to the State Higher Judicial Service, not lower in rank than that ofa District Judge, as the Member–Secretary of the State Authority, toexercise such powers and perform such duties under the Executive Chairman ofthe State Authority as may be prescribed by that Government or as may beassigned to him by the Executive Chairman of that Authority:

Provided that a personfunctioning a Secretary of a State Legal Aid and Advice Board immediatelybefore the date of constitution of the State Authority may be appointed asMember–Secretary of that Authority, even if he is not qualified to beappointed as such under this sub–section, for a period not exceedingfive years.

(4) The terms of office andother conditions relating thereto, of members and the Member–Secretaryof the State Authority shall be such as may be prescribed by the StateGovernment in consultation with the Chief Justice of the High Court.

(5) The State Authority mayappoint such number of officers and other employees as may be prescribed by theState Government, in consultation with the Chief Justice of the High Court, forthe efficient discharge of its functions under this Act.

(6) The officers and otheremployees of the State Authority shall be entitled to such salary andallowances and shall be subject to such other conditions of service as may beprescribed by the State Government in consultation with the Chief Justice ofthe High Court.

(7) The administrative expensesof the State Authority, including the salaries, allowances and pensions payableto the Member–Secretary, officers and other employees of the StateAuthority shall be defrayed out of the Consolidated Fund of the State.

(8) All orders and decisions ofthe State Authority shall be authenticated by the Member–Secretary orany other officer of the State Authority duly authorised by the ExecutiveChairman of the State Authority.

(9) No act or proceeding of aState Authority shall be invalid merely on the ground of the existence of anyvacancy in, or any defect in the constitution of, the State Authority.]

7.Functions of the StateAuthority: (1) Itshall be the duty of the State Authority to give effect the policy anddirections of the Central Authority.

(2) Without prejudice to thegenerality of the functions referred to in sub–section (1), the StateAuthority shall perform all or any of the following functions, namely: –

(a) give legal service topersons who satisfy the criteria laid down under this Act;

(b) conduct [Lok Adalats, including Lok Adalats for HighCourt cases];

(c) undertake preventive andstrategic legal aid programmes; and

(d) perform such otherfunctions as the State Authority may, in consultation with the [CentralAuthority], fix by regulations.

[8.State Authority to act incoordination with other agencies, etc., and be subject to directions given byCentral Authority: In the discharge of its functions the State Authorityshall appropriately act in coordination with other governmental agencies, non–governmentalvoluntary social service institutions, universities and other bodies engaged inthe work of promoting the cause of legal services to the poor and shall also beguided by such directions as the Central Authority may give to it in writing.

 

8A.High Court Legal ServicesCommittee: (1) The State Authority shallconstitute a Committee to be called the High Court Legal Services Committee forevery High Court, for the purpose of exercising such powers and performing suchfunctions as may be determined by regulations made by the State Authority.

(2) The Committee shall consistof–

(a) a sitting Judge of the HighCourt who shall be the Chairman; and

(b) such number of othermembers possessing such experience and qualifications as may be determined byregulations made by the State Authority,

to be nominated by the ChiefJustice of the High Court.

(3) The Chief Justice of theHigh Court shall appoint a Secretary to the Committee possessing suchexperience and qualifications as may be prescribed by the State Government.

(4) The terms of office andother conditions relating thereto, of the members and Secretary of theCommittee shall be such as may be determined by regulations made by the StateAuthority.

(5) The Committee may appointsuch number of officers and other employees as may be prescribed by the StateGovernment in consultation with the Chief Justice of the High Court for theefficient discharge of its functions.

(6) The officers and otheremployees of the Committee shall be entitled to such salary and allowances andshall be subject to such other conditions of service as may be prescribed bythe State Government in consultation with the Chief Justice of the High Court.

9.District Legal ServicesAuthority: (1) The State Governmentshall, in consultation with the Chief Justice of the High Court, constitute abody to be called the District Legal Services Authority for every District inthe State to exercise the powers and perform the functions conferred on, orassigned to, the District Authority under this Act.

(2) A District Authority shallconsist of–

(a) the District Judge whoshall be its Chairman; and

(b) such number of othermembers, possessing such experience and qualifications, as may be prescribed bythe State Government, to be nominated by that Government in consultation withthe Chief Justice of the High Court.

(3) The State Authority shall,in consultation with the Chairman of the District Authority, appoint a personbelonging to the State Judicial Service not lower in rank that that of aSubordinate Judge or Civil Judge posted at the seat of the District Judiciary asSecretary of the District Authority to exercise such powers and perform suchduties under the Chairman of that Committee as may be assigned to him by suchChairman.

(4) The terms of office andother conditions relating thereto, of members and Secretary of the DistrictAuthority shall be such as may be determined by regulations made by the StateAuthority in consultation with the Chief Justice of the High Court.

(5) The District Authority mayappoint such number of officers and other employees as may be prescribed by theState Government in consultation with the Chief Justice of the High Court forthe efficient discharge of its functions.

(6) The officers and otheremployees of the District Authority shall be entitled to such salary andallowances and shall be subject to such other conditions of service as may beprescribed by the State Government in consultation with the Chief Justice ofthe High Court.

(7) The administrative expensesof every District Authority, including the salaries, allowances and pensionspayable to the Secretary, officers and other employees of the DistrictAuthority shall be defrayed out of the Consolidated Fund of the State.

(8) All orders and decisions ofthe District Authority shall be authenticated by the Secretary or by any otherofficer of the District Authority duly authorised by the Chairman of thatAuthority.

(9) No act or proceeding of aDistrict Authority shall be invalid merely on the ground of the existence ofany vacancy in, or any defect in the constitution of, the District Authority.]

10.Functions of DistrictAuthority: (1) It shall be the duty of every District Authorityto perform such of the functions of the State Authority in the District as maybe delegated to it from time to time by the State Authority.

(2) Without prejudice to thegenerality of the functions referred to in sub–section (1), the DistrictAuthority may perform all or any of the following functions, namely: –

[(a) coordinate the activitiesof the Taluk Legal Services Committee and other legal services in theDistrict;]

(b) organise Lok Adalats withinthe Districts; and

(c) perform such otherfunctions as the State Authority may [*] fix by regulations.

11.District Authority to act incoordination with other agencies and be subject to directions given by theCentral Authority, etc: In the discharge of its functions under this Act, the DistrictAuthority shall, wherever appropriate, act in coordination with othergovernmental and non–governmental institutions, universities and othersengaged in the work of promoting the cause of legal services to the poor andshall also be guided by such directions as the Central Authority or the StateAuthority may give to it in writing.

[11A.Taluk Legal ServicesCommittee: (1) The State Authority may constitute a Committee, to be calledthe Taluk Legal Services Committee, for each taluk or mandal or for group oftaluks or mandals.

(2) The Committee shall consistof–

(a) the [senior-most JudicialOfficer ]operating within the jurisdiction of the Committee who shall be the ex officioChairman; and

(b)such number of other members, possessing such experience and qualifications, asmay be prescribed by the State Government, to be nominated by that Governmentin consultation with the Chief Justice of the High Court.

(3) TheCommittee may appoint such number of officers and other employees as may beprescribed by the State Government in consultation with the Chief Justice ofthe High Court for the efficient discharge of its functions.

(4) Theofficers and other employees of the Committee shall be entitled to such salaryand allowances and shall be subject to such other conditions of service as maybe prescribed by the State Government in consultation with the Chief Justice ofthe High Court.

(5) Theadministrative expenses of the Committee shall be defrayed out of the DistrictLegal Aid Fund by the District Authority.

11B.Functionsof Taluk Legal Services Committee: The Taluk Legal Services Committee mayperform all or any of the following functions, namely: –

(a)coordinate the activities of legal services in the taluk;

(b)organise Lok Adalats within the taluk; and

(c)perform such other functions as the District Authority may assign to it.]

CHAPTER IV

ENTITLEMENT TO LEGAL SERVICES

12.Criteriafor giving legal services: Every person who has to file or defend acase shall be entitled to legal services under this Act if that person is–

(a) amember of a Scheduled Caste or Scheduled Tribe;

(b) avictim of trafficking in human beings or beggar as referred to in article 23 ofthe Constitution;

(c) awoman or child;

(d) amentally ill or otherwise disabled person;

(e) aperson under circumstances of undeserved want such as being a victim of a massdisaster, ethnic violence, caste atrocity, flood, drought, earthquake orindustrial disaster; or

(f) anindustrial workman; of

(g) incustody, including custody in a protective home within the meaning of clause(g) of section 2 of the Immoral Traffic (Prevention) Act, 1956, (104 of 1956)or in a juvenile home within the meaning of clause (j) of section 2 of theJuvenile Justice Act, 1986, (53 of 1986) or in a psychiatric hospital orpsychiatric nursing home within the meaning of clause (g) of section 2 of theMental Health Act, 1987 (14 of 1987); or

[(h) inreceipt of annual income less than rupees nine thousand or such other higheramount as may be prescribed by the State Government, if the case is before acourt other than the Supreme Court, and less than rupees twelve thousand orsuch other higher amount as may be prescribed by the Central Government, if thecase is before the Supreme Court.]

13.Entitlementto legal services: (1) Persons who satisfy all or any of thecriteria specified in section 12 shall be entitled to receive legal servicesprovided that the concerned Authority is satisfied that such person has a primafacie case to prosecute or to defend.

(2) Anaffidavit made by a person as to his income may be regarded as sufficient formaking him eligible to the entitlement of legal services under this Act unlessthe concerned Authority has reason to disbelieve such affidavit.

CHAPTER V

FINANCE, ACCOUNTS AND AUDIT

14.Grantsby the Central Government: The Central Government shall, after dueappropriation made by Parliament by law in this behalf, pay to the CentralAuthority, by way of grants, such sums of money as the Central Government maythink fit for being utilised for the purposes of this Act.

15.NationalLegal Aid Fund: (1) The Central Authority shall establish a fund to becalled the National Legal Aid Fund and there shall be credited thereto, –

(a) allsums of money given as grants by the Central Government under section 14;

[(b)the cost of legal services provided by the Supreme Court Legal ServicesCommittee;

 

(c) anyother expenses which are required to be met by the Central Authority.]

(2) TheNational Legal Aid Fund shall be applied for meeting:

(a) thecost of legal services provided under this Act including grants made to StateAuthorities;

(b) anyother expenses which are required to be met by the Central Authority.

16.StateLegal Aid Fund: (1) A State Authority shall establish a fund to becalled the State Legal Aid Fund and there shall be credited thereto–

(a) allsums of money paid to it or any grants made by the Central Authority for thepurposes of this Act;

[(b)the cost of legal services provided by the High Court Legal ServicesCommittees;

 

(c) anyother expenses which are required to be met by the State Authority.]

(2) AState Legal Aid Fund shall be applied for meeting–

(a) thecost of functions referred to in section 7;

(b) anyother expenses which are required to met by the State Authority.

17.DistrictsLegal Aid Fund: (1) Every District Authority shall establish a fund tobe called the District Legal Aid fund and there shall be credited thereto–

(a) allsums of money paid or any grants made by the State Authority to the DistrictAuthority for the purposes of this Act;

[(b)any grants or donations that may be made to the District Authority by anyperson, with the prior approval of the State Authority, for the purposes ofthis Act;]

(c) anyother amount received by the District Authority under the orders of any courtor from any other source.

(2) ADistrict Legal Aid Fund shall be applied for meeting–

(a) thecost of functions referred to in section 10 [and 11B];

(b) anyother expenses which are required to be met by the District Authority.

18.Accountsand audit: (1) The Central Authority, State Authority or theDistrict Authority (hereinafter referred to in this section as the Authority’),as the case may be, shall maintain proper accounts and other relevant recordsand prepare an annual statement of accounts including the income andexpenditure account and the balance– sheet in such from and in suchmanner as may be prescribed by the Central Government in consultation with theComptroller and Auditor–General of India.

(2) Theaccounts of the Authorities shall be audited by the Comptroller and Auditor–Generalof India at such intervals as may be specified by him and any expenditureincurred in connection with such audit shall be payable by the Authorityconcerned to the Comptroller and Auditor–General of India.

(3) TheComptroller and Auditor–General of India and any other person appointedby him in connection with the auditing of the accounts of an Authority underthis Act shall have the same rights and privileges and authority in connectionwith such audit as the Comptroller and Auditor–General of India has inconnection with the auditing of the Government accounts and, in particular,shall have the right to demand the production of books, accounts, connectedvouchers and other documents and papers and to inspect any of the offices ofthe Authorities under this Act.

(4) theaccounts of the Authorities, as certified by the Comptroller and Auditor–Generalof India or any other person appointed by him in this behalf together with theaudit report thereon, shall be forwarded annually by the authorities to theCentral Government or the State Governments, as the case may be.

[(5)The Central Government shall cause the accounts and the audit report receivedby it under sub–section (4) to be laid, as soon as may be after they arereceived, before each House of Parliament.

 

(6) TheState Government shall cause the accounts and the audit report received by itunder sub–section (4) to be laid, as soon as may be after they arereceived, before the State Legislature.]

CHAPTER VI

LOK ADALATS

[19.Organisationof Lok Adalat: (1) Every State Authority or District Authority or theSupreme Court Legal Services Committee or every High Court Legal ServicesCommittee or, as the case may be, Taluk Legal Services Committee may organiseLok Adalats at such intervals and places and for exercising such jurisdictionand for such areas as it thinks fit.

(2)Every Lok Adalat organised for an area shall consist of such number of–

(a)serving or retired judicial officers; and

(b)other persons,

of thearea as may be specified by the State Authority or the District Authority orthe Supreme Court Legal Services Committee or the High Court Legal ServicesCommittee, or as the case may be, the Taluk Legal Services Committee,organising such Lok Adalat.

(3) Theexperience and qualifications of other persons referred to in clause (b) of sub–section(2) for Lok Adalats organised by the Supreme Court Legal Services Committeeshall be such as may be prescribed by the Central Government in consultationwith the Chief Justice of India.

(4) Theexperience and qualifications of other persons referred to in clause (b) of sub–section(2) for Lok Adalats other than referred to in sub–section (3) shall besuch as may be prescribed by the State Government in consultation with theChief Justice of the High Court.

(5) ALok Adalat shall have jurisdiction to determine and to arrive at a compromiseor settlement between the parties to a dispute in respect of–

(i) anycase pending before; or

(ii)any matter which is falling within the jurisdiction of, and is not broughtbefore,

anycourt for which the Lok Adalat is organised:

Providedthat the Lok Adalat shall have no jurisdiction in respect of any case or matterrelating to an offence not compoundable under any law.

20.Cognizanceof cases by Lok Adalats:(1) Where in any case referred to inclause (i) of sub–section (5) of section 19, –

(i) (a) the parties thereof agree; or

(b) oneof the parties thereof makes an application to the court.

forreferring the case to the Lok Adalat for settlement and if such court is primafacie satisfied that there are chances of such settlement; or

(ii)the court is satisfied that the matter is an appropriate one to be takencognizance of by the Lok Adalat,

thecourt shall refer the case to the Lok Adalat:

 

Providedthat no case shall be referred to the Lok Adalat under sub–clause (b) ofclause (i) or clause (ii) by such court except after giving a reasonableopportunity of being heard to the parties.

(2)Notwithstanding anything contained in any other law for the time being inforce, the Authority or Committee organising the Lok Adalat under sub–section(1) of section 19 may, on receipt of an application from any one of the partiesto any matter referred to in clause (ii) of sub–section (5) of section19 that such matter needs to be determined by a Lok Adalat, refer such matterto the Lok Adalat, for determination:

Providedthat no matter shall be referred to the Lok Adalat except after giving areasonable opportunity of being heard to the other party.

(3)Where any case is referred to a Lok Adalat under sub–section (1) orwhere a reference has been made to it under sub–section (2), the LokAdalat shall proceed to dispose of the case or matter and arrive at acompromise or settlement between the parties.

(4)Every Lok Adalat shall, while determining any reference before it under thisAc, act with utmost expedition to arrive at a compromise or settlement betweenthe parties and shall be guided by the principles of justice, equity, fair playand other legal principles.

(5)Where no award is made by the Lok Adalat on the ground that no compromise orsettlement could be arrived at between the parties, the record of the caseshall be returned by it to the court, from which the reference has beenreceived under sub–section (1) for disposal in accordance with law.

(6)Where no award is made by the Lok Adalaton the ground that no compromise or settlement could be arrived at between theparties, in a matter referred to in sub–section (2), that Lok Adalatshall advise the parties to seek remedy in a court.

(7)Where the record of the case is returned under sub–section (5) to thecourt, such court shall proceed to deal with such case from the stage which wasreached before such reference under sub–section (1)."]

21.Awardof Lok Adalat: [(1) Every award of the Lok Adalat shall be deemed tobe a decree of a civil court or, as the case may be, an order of any othercourt and where a compromise or settlement has been arrived at, by a Lok Adalatin a case referred to it under sub–section(1) of section 20, the court–fee paid in such case shall be refunded inthe manner provided under the Court–fees Act, 1870 (7 of 1870).]

(2)Every award made by a Lok Adalat shall be final and binding on all the partiesto the dispute, and no appeal shall lie to any court against the award.

22.Power of Lok Adalats: (1) The[Lok Adalat or Permanent LokAdalat ]shall, for the purposes of holding any determination under this Act, have thesame powers as are vested in a civil court under the Code of Civil Procedure,1908, (5 of 1908) while trying a suit in respect of the following matters,namely: –

(a) thesummoning and enforcing the attendance of any witness and examining him onoath;

(b) thediscovery and production of any document;

(c) thereception of evidence on affidavits;

(d) therequisitioning of any public record or document or copy of such record ordocument from any court or office and

(e)such other matters as may be prescribed.

(2)Without prejudice to the generality of the powers contained in sub–section(1), every [Lok Adalat or Permanent LokAdalat ]shall have the requisite powers to specify its own procedure for thedetermination of any dispute coming before it.

(3) Allproceedings before a [Lok Adalat or Permanent Lok Adalat ] shall be deemed to bejudicial proceedings within the meaning of sections 193, 219 and 228 of theIndian Penal Code and every [Lok Adalat or Permanent Lok Adalat ] shall be deemed to be acivil court for the purpose of section 195 and Chapter XXVI of the Code ofCriminal Procedure, (45 of 1860) 1973 (2 of 1974).

[CHAPTER VIA

PRE-LITIGATION CONCILIATION AND SETTLEMENT

 

22A.Definitions.-In this Chapter and for the purposes of sections 22

and 23, unless the context otherwise requires,-

 

(a)"Permanent Lok Adalat"means a Permanent Lok Adalat established

under sub-section (1) of section 22B;

 

(b) "public utility service" means any-

 

(i) transportservice for the carriage of passengers or goods by air,

road or water;or

 

(ii) postal, telegraph or telephone service; or

 

(iii)supply of power,light or waterto the publicby any

establishment;or

 

(iv) system of public conservancy orsanitation; or

 

(v) service in hospital or dispensary; or

 

(vi) insurance service,

 

andincludes any service which theCentral Government or the State

Government,as the casemay be, may, in the public interest,by

notification,declare to be a public utility service for the purposes

of this Chapter.

22B.Establishment of Permanent LokAdalats.- (1) Notwithstanding

anythingcontained in section 19, theCentral Authority or, as the

case may be,every State Authority shall, by notification,establish

PermanentLok Adalats atsuch places andfor exercising such

jurisdiction in respect of one or more publicutility services and for

such areas as may be specified in the notification.

 

(2) EveryPermanent Lok Adalat established for an area notified under

sub-section (1) shall consist of-

 

(a) a personwho is, or has been, a districtjudge or additional

district judge or has held judicial office higher inrank than that of

a districtjudge, shall be the Chairman of the Permanent Lok Adalat;

and

 

(b) two other persons having adequate experiencein public utility

service to benominated by the Central Government or, as the case may

be, the StateGovernment on therecommendation of theCentral

Authority or, as the case may be, the State Authoity,

 

appointed bythe Central Authority or, as the case may be, the State

Authority,establishing such Permanent Lok Adalat and the other terms

andconditions of the appointment ofthe Chairman and other persons

referredto in clause (b) shall be such asmay e prescribed by the

Central Government.

22C.Cognizance of cases by Permanent Lok Adalats.- (1) Any party to a

dispute may,before the dispute is brought before any court, make an

application to the Permanent Lok Adalat for thesettlement of dispute:

 

Provided that the Permanent Lok Adalatshall not have jurisdiction in

respectof any matter relating to an offencenot compoundable under

any law:

 

Providedfurther that the Permanent Lok Adalat shall also nothave

jurisdictionin the matter where the value of the property in dispute

exceeds ten lakh rupees:

 

Provided also thatthe Central Government, may, bynotification,

increase thelimit of ten lakh rupees specified in the second proviso

in consultation with the Central Authority.

 

(2)After an applicationis made under sub-section(1) to the

PermanentLok Adalat, noparty to that application shallinvoke

jurisdiction of any court in the same dispute.

 

(3)Where an application is made to a Permanent LokAdalat under

sub-section (1), it-

 

(a)shall direct each party to theapplication to file before it a

writtenstatement, stating therein thefacts and nature of dispute

underthe application, points or issuesin such dispute and grounds

relied insupport of, or in opposition to, such poin s or issues, as

the case may be, and such party may supplement suchstatement with any

documentand other evidence which such party deems appropriatein

proof of suchfacts and grounds and shall send acopy of such

statementtogether with a copy of such ocument and other evidence, if

any, to each of the parties to the application;

 

(b) may requireany party to the application tofile additional

statement before it at any stage of the conciliationproceedings;

 

(c)shall communicate any document orstatement received by it from

any party tothe application to the other party, to enable such other

party to present reply thereto.

 

(4) Whenstatement, additional statement and reply, if any, have been

filed undersub-section (3), to the satisfaction of the Permanent Lok

Adalat, itshall conduct conciliation proceedings between the parties

to the application in such manner as it thin sappropriate taking into

account the circumstances of the dispute.

 

(5) The Permanent Lok Adalat shall, duringconduct of conciliation

proceedings under sub-section (4), assist theparties in their attempt

to reach anamicable settlement of the dispute in an independent and

impartial manner.

 

(6) It shallbe the duty of every party tothe application to

cooperate ingood faith with the Permanent Lok Adalat in conciliation

of the disputerelating to the application and to comply withthe

directionof the Permanent Lok Adalat toproduce eviden e and other

related documents before it.

 

(7) When aPermanent Lok Adalat, inthe aforesaid conciliation

proceedings,is of opinion that there exist elements of settlement in

suchproceedings which may beacceptable to the parties, it may

formulate theterms of a possible settlement of the dispute and give

to the partiesconcerned for their observationsand incase the and incase the

parties reachat an agreement on the settlement of the dispute, they

shall sign the settlement agreement and thePermanent Lok Adalat shall

pass an awardin terms thereof and furnish a copy of the same to each

of the parties concerned.

 

(8) Wherethe parties fail to reach at an agreement under sub-section

(7), the Permanent Lok Adalat shall, if the disputedoes not relate to

any offence, decide the dispute.

 

22D.Procedure of Permanent Lok Adalat.- The Permanent LokAdalat

shall, while conducting conciliation proceedings ordeciding a dispute

on merit underthis Act, be guided by the principlesof natural

justice,objectivity, fair play,equity and other principles of

justice, andshall not be bound by the Code of Civil Procedure, 1908

(5 of 1908) and the Indian Evidence Act, 1872 (1 of1872).

 

22E.Award of Permanent Lok Adalat tobe final.- (1) Every award of

thePermanent Lok Adalat under thisAct made either on merit or in

terms of asettlement agreement shall be final and binding on all the

parties thereto and on persons claiming under the .

 

(2)Every award of the Permanent LokAdalat under this Act shall be

deemed to be a decree of a civil court.

 

(3) The award made by the Permanent Lok Adalat underthis Act shall be

by a majority of the persons constituting thePermanent Lok Adalat.

 

(4) Everyaward made by the Permanent Lok Adalat under this Act shall

be final and shall not be called in question inany original suit,

application or execution proceeding.

 

(5) The Permanent Lok Adalat may transmit any awardmade by it to a

civilcourt having local jurisdiction and such civilcourt shall

execute the order as if it were a decree made bythat court.]

 

CHAPTER VII

MISCELLANEOUS

[23.Members and staff ofAuthorities, Committees and Lok Adalats to be public servants: The membersincluding Member–Secretary or, as the case may be, Secretary of theCentral Authority, the State Authorities, the District Authorities, the SupremeCourt Legal Services Committee, High Court Legal Services Committees, TalukLegal Services Committees and officers and other employees of such Authorities,Committees and the [membersof the Lok Adalats or the persons constituting Permanent Lok Adalats]shallbe deemed to be public servants within the meaning of section 21 of the IndianPenal Code (45 of 1860.).

24.Protectionof action taken in good faith: No suit, prosecution or other legalproceeding shall lie against –

(a) theCentral Government or the State Government;

(b) thePatron–in–Chief, Executive Chairman, members of Member–Secretaryor officers or other employees of the Central Authority;

(c)Patron–in–Chief, Executive Chairman, member, Member–Secretaryor officers or other employees of the State Authority;

(d)Chairman, Secretary, members or officers or other employees of the SupremeCourt Legal Services Committee, High Court Legal Services Committees, TalukLegal Services Committees or the District Authority; or

(e) anyother person authorised by any of the Patron–in–Chief, ExecutiveChairman, Chairman, member, Member–Secretary referred to in sub–clauses(b) to (d),

foranything which is in good faith done or intended to be done under theprovisions of this Act or any rule or regulation made thereunder.]

25.Actto have overriding: The provisions of this Act shall haveeffect notwithstanding anything inconsistent therewith contained in any otherlaw for the time thing inconsistent therewith contained in any other law forthe time other than this Act.

26.Powerto remove difficulties: (1) If any difficulty arises in givingeffect to the provisions of this Act, the Central Government may, by orderpublished in the Official Gazette, make such provisions not inconsistent withthe provisions of this Act as appear to it to be necessary or expedient forremoving the difficulty:

Providedthat no such order shall be made after the expiry of a period of two years fromthe date on which this Act receives the assent of the President.

(2)Everyorder made under this section shall, as soon as may be after it is made, belaid before each House of Parliament.

[27.Powerof Central Government of make rules: (1) The Central Government inconsultation with the Chief Justice of India may, by notification, make rulesto carry out the provisions of this Act.

(2) Inparticular, and without prejudice to the generality of the foregoing power,such rules may provide for all or any of the following matters, namely: –

(a) thenumber, experience and qualifications of other members of the Central Authorityunder clause (c) of sub–section (2) of section 3;

(b) theexperience and qualifications of the Member–Secretary of the CentralAuthority and his powers and functions under sub–section (3) of section3;

(c) theterms of office and other conditions relating thereto, of members and Member–Secretaryof the Central Authority under sub–section (4) of section 3;

(d) thenumber of officers and other employees of the Central Authority under sub–section(5) of section 3;

(e) theconditions of service and the salary and allowances of officers and otheremployees of the Central Authority under sub–section (6) of section 3;

(f) thenumber, experience and qualifications of members of the Supreme Court LegalServices Committee under clause (b) of sub–section (2) of section 3A;

(g) theexperience and qualifications of Secretary of the Supreme Court Legal ServicesCommittee under sub–section (3) of section 3A;

(h) thenumber of officers and other employees of the Supreme Court Legal ServicesCommittee under sub–section (5) of section 3A and the conditions ofservice and the salary and allowances payable to them under sub–section(6) of that section;

(i) theupper limit of annual income of a person entitling him to legal services underclause (h) of section 12, if the case is before the Supreme Court;

(j) themanner in which the accounts of the Central Authority, the State Authority orthe District Authority shall be maintained under section 18;

(k) theexperience and qualifications of other persons of the Lok Adalats organised bythe Supreme Court Legal Services Committee specified in sub–section (3)of section 19;

(l)other matters under clause (e) of sub–section (1) of section 22;

[(la) the other terms and conditions of appointment ofthe Chairman

and other persons undersub-section (2) of section 22B;]

(m) anyother matter which is to be, or may be, prescribed.

28.Powerof State Government to make rules: (1) The State Government in consultationwith the Chief Justice of the High Court may, by notification, make rules tocarry out the provisions of this Act.

(2) Inparticular, and without prejudice to the generality of the foregoing power,such rules may provide for all or any of the following matters, namely: –

(a) thenumber, experience and qualifications of other members of the State Authorityunder clause (c) of sub–section (2) of section 6;

(b) thepowers and functions of the Member–Secretary of the State Authorityunder sub–section (3) of section 6;

(c) theterms of office and other conditions relating thereto, of members and Member–Secretaryof the State Authority under sub–section (4) of section 6;

(d) thenumber of officer and other employees of the State Authority under sub–section(5) of section 6;

(e) theconditions of service and the salary and allowances of officers and otheremployees of the State Authority under sub–section (6) of section 6;

(f) theexperience and qualifications of Secretary of the High Court Legal ServicesCommittee under sub–section (3) of section 8A;

(g) thenumber of officers and other employees of the High Court Legal ServicesCommittee under sub–section (5) of section 8A and the conditions ofservice and the salary and allowances payable to them under sub–section (6)of that section;

(h) thenumber, experience and qualifications of members of the District Authorityunder clause (b) of sub–section (2) of section 9;

(i) thenumber of officers and other employees of the District Authority under sub–section(5) of section 9;

(j) theConditions of service and the salary and allowances of the officers and otheremployees of the District Authority under sub–section (6) of section 9;

(k) thenumber, experience and qualifications of members of the Taluk Legal Services Committeeunder clause (b) of sub–section (2) of section 11A;

(l) thenumber of officers and other employees of the Taluk Legal Services Committeeunder sub–section (3) of section 11A;

(m) theconditions of service and the salary and allowances of officers and otheremployees of the Taluk Legal Services Committee under sub–section (4) ofsection 11A;

(n) theupper limit of annual income of a person entitling him to legal services underclause (h) of section 12, if the case is before a court, other than the SupremeCourt;

(o) theexperience and qualifications of other persons of the Lok Adalats other thanreferred to in sub–section (4) of section 19;

(p) anyother matter which is to be, or may be, prescribed.

29.Powerof Central Authority to make regulations: (1) The Central Authoritymay, by notification, make regulations not inconsistent with the provisions ofthis Ac and the rules made thereunder, to provide for all matters for whichprovision is necessary or expedient for the purposes of giving effect to theprovisions of this Act.

(2) Inparticular, and without prejudice to the generality of the foregoing power,such regulations may provide for all or any of the following matters, namely:–

(a) thepowers and functions of the Supreme Court Legal Services Committee under sub–section(1) of section 3A;

(b) theterms of office and other conditions relating thereto, of the members andSecretary of the Supreme Court Legal Services Committee under sub–section(4) of section 3A.

29A.Powerof State Authority to make regulations: (1) The State Authoritymay, by notification, make regulations not inconsistent with the provisions ofthis Act and the rules made thereunder, to provide for all matters for whichprovision is necessary or expedient for the purposes of giving effect to theprovisions of this Act.

(2) Inparticular, and without prejudice to the generality of the foregoing power,such regulations may provide for all or any of the following matters, namely:–

(a) theother functions to be performed by the State Authority under clause (d) of sub–section(2) of section 7;

(b) thepowers and functions of the High Court Legal Services Committee under sub–section(1) of section 8A;

(c) thenumber, experience and qualifications of members of the High Court LegalServices Committee under clause (b) of sub–section (2) of section 8A;

(d) theterms of office and other conditions relating thereto, of the members andSecretary of the High Court Legal Services Committee under sub–section(4) of section 8A;

(e) theterms of office and other conditions relating thereto, of the members andSecretary of the District Authority under sub–section (4) of section 9;

(f) thenumber, experience and qualifications of members of the High Court LegalServices Committee under clause (b) of sub–section (2) of section 8A;

(g)other functions to be performed by the District Authority under clause (c) ofsub–section (2) of section 10;

(h) theterms of office and other conditions relating thereto, of members and Secretaryof the Taluk, Legal Services Committee under sub–section (3) of section11A.]

30.Layingof rules and regulations: (1) Every rule made under this Act by theCentral Government and every regulation made by the Central Authoritythereunder shall be laid, as soon as may be after it is made, before each Houseof Parliament, while it is in session, for a total period of thirty days whichmay be comprised in one session or in two or more successive sessions, and if,before the expiry of the session immediately following the session or thesuccessive sessions aforesaid, both Houses agree in making any modification inthe rule or regulation, or both houses agree that the rule or regulation shouldnot be made, the rule or regulation shall there after have effect only in suchmodified form or be of no effect, as the case may be; so, however, that anysuch modification or annulment shall be without prejudice to the validity ofanything previously done under that rule or regulation.

(2)Every rule made under this Act by a State Government and every regulation madeby a State Authority thereunder shall be laid, as soon as may be after it ismade, before the State Legislature.

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