LEGAL AID
CONT….
8-A. HIGH COURT LEGAL SERVICES
COMMITTEE
• A sitting Judge of the High Court who shall be the
Chairman;
• Other members – possessing such experience and qualification
as may be determined by regulations made by the State
Authority, to be nominated by the Chief Justice of the High Court.
• Chief justice of High Court shall– appoint Secretary –
based on qualification and experience.
DISTRICT LEGAL SERVICES AUTHORITY
• Consist
• The District Judge who shall be its Chairman;
• Other members – having qualification and experience as
prescribed
• The Chief Justice of the High Court shall appoint a
Secretary to the Committee
FUNCTIONS OF DISTRICT AUTHORITY.
• Co-ordinate with the activities of the Taluka
Legal Services Committee and other Legal
Services in the District;
• (b) Organise Lok Adalats within the District; and
• (c) Perform such other functions as the State
Authority may fix by regulations
12. CRITERIA FOR GIVING LEGAL SERVICES
• Every person who has to file or defend a case shall be
entitled to legal services under this Act if that person,
is-
• (a) A member of a Scheduled Caste or Scheduled Tribe;
• (b) A victim of trafficking in human beings or beggar as
referred to in Article 23 of the Constitution;
• (c) A women or a child;
• (d) A person with disability as defined in clause (i) of
section 2 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full
Participation) Act, 1995 (1 of 1996);
• (e) A person under circumstances of undeserved want
such as being a victim of a mass disaster, ethnic
violence, caste atrocity, flood, drought, earthquake or
industrial disaster; or
• (f) An industrial workman; or
• (g) In custody, 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 the Juvenile
Justice Act, 1986 (53 of 1986), or in a psychiatric hospital or
psychiatric nursing home within the meaning of clause (g) of
section 2 of the Mental Health Act, 1987 (14 of 1987); or
• (h) in receipt of annual income less than rupees nine thousand
or such other higher amount as may be prescribed by the State
Government, if the case is before a court other than the
Supreme Court, and less than rupees twelve thousand or such
other higher amount as may be prescribed by the Central
Government, if the case is before the Supreme Court.
LOK ADALATS
• Organisation of Lok Adalats
• Every Lok Adalat organised for an area shall consist of such
number of-
• (a) Serving or retired judicial officers; and
• (b) Other persons, of the area as may be specified by the State
Authority or the District Authority or the Supreme Court Legal
Services Committee or the High Court Legal Services Committee,
or as the case may be, the Taluka Legal Services Committee,
organising such Lok Adalat.
• A Lok Adalat shall have jurisdiction to determine and to
arrive at a compromise or settlement between the parties
to a dispute in respect of- (i) Any case pending before; or
• (ii) Any matter, which is falling within the jurisdiction of,
and is not brought before, any court for which the Lok
Adalat is organised:
• Provided that the Lok Adalat shall have no jurisdiction in
respect of any case or matter relating to an offence not
compoundable under any law.
COGNISANCE OF CASES BY LOK ADALATS -
• (a) the parties thereof agree; or
• (b) one of the parties thereof makes an application
to the court, for referring the case to the Lok
Adalat for settlement and if such court is prima
facie satisfied that there are chances of such
settlement; or
• (ii) the court is satisfied that the matter is an appropriate
one to be taken cognizance of by the Lok Adalat, the court
shall refer the case to the Lok Adalat.
• Provided that no case shall be referred to the Lok Adalat
under subclause (b) of clause (i) or clause (ii) by such court
except after giving a reasonable opportunity of being heard
to the parties.
• Where any case is referred to a Lok Adalat under sub-
section (1) or where a reference has been made to it under
sub-section (2), the Lok Adalat shall proceed to dispose of
the case or matter and arrive at a compromise or
settlement between the parties
• Every Lok Adalat shall, while determining any reference before
it under this Act, act with utmost expedition to arrive at a
compromise or settlement between the parties and shall be
guided by the principles of justice, equity, fair play and other
legal principles.
• Where no award is made by the Lok Adalat on the ground that
no compromise or settlement could be arrived at between the
parties, the record of the case shall be returned by it to the
court, from which the reference has been received under sub-
section (1) for disposal in accordance with law.
AWARD OF LOK ADALAT
• (1) Every award of the Lok Adalat shall be deemed to be a
decree of a Civil Court or, as the case may be, an order of any
other Court and where a compromise or settlement has been
arrived at, by a Lok Adalat in a case referred to it under sub-
section (1) of section 20, the court-fee paid in such case shall be
refunded in the 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 parties to the dispute, and no appeal shall lie to any
court against the award.
POWERS OF LOK ADALATS OR PERMANENT LOK ADALATS.
• For the purposes of holding any determination under this Act, have the same
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) The summoning and enforcing the attendance of any witness and
examining him on oath;
• (b) The discovery and production of any document;
• (c) The reception of evidence on affidavits;
• (d) The requisitioning of any public record or document or copy of such record or
document 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 Lok Adalat] shall have the requisite
powers to specify its own procedure for the determination of any dispute
coming before it.
• (3) All proceedings before a 25[Lok Adalat or Permanent Lok Adalat] shall be
deemed to be judicial proceedings within the meaning of sections
193(punishment for false evidence), 219 (Public servant in judicial proceeding corruptly
making report, etc., contrary to law.) and 228 (Intentional insult or interruption to public
servant sitting in judicial proceeding) of the Indian Penal Code (45 of 1860) and
every [Lok Adalat or Permanent Lok Adalat] shall be deemed to be a Civil
Court for the purpose of section 195 (Section 195 Prosecution for contempt of lawful
authority of public servants, for offences against public justice and for offences relating to
documents given in evidence.) and Chapter XXVI (Provisions As To Offences Affecting
The Administration Of Justice) of the Code of Criminal Procedure, 1973 (2 of
1974).
END OF SLIDES
