0% found this document useful (0 votes)
24 views19 pages

Legal Services Authorities Act 1987

Uploaded by

Sai Sri
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
24 views19 pages

Legal Services Authorities Act 1987

Uploaded by

Sai Sri
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 19

Legal Services Authorities Act 1987

9/11/1995
Introduction

The Preamble to the Constitution of India, promises of securing to all the


citizens, Justice – Social, Economic and Political. Towards the fulfilment of
this promise, Article 39 A of the Constitution of India provides for free and
competent legal aid to the weaker sections of the society to ensure that
opportunity of securing justice is not to be denied to any citizen by reason
of economic or other disability.

In light of the Constitutional mandate, the Legal Services Authorities Act


was enacted by the Parliament in 1987, which came into force on 9th
November, 1995 to establish a nationwide uniform network for providing
free and competent legal services to the weaker sections of the society.

Objectives:

1) Legal service institutions have been established to ensure equal justice


through provisions of legal aid and assistance to the weaker sections of the
society at all levels throughout the country.
2) To address the lack of ability of persons in seeking justice on grounds of
economic, or other disabilities, the Legal Services Authorities Act, 1987 has
laid down a framework for the constitution of legal services institutions at all
levels in the country, from the lowest to the highest court of the country, in
order to ensure equal opportunity to access justice to all the citizens of the
country.

Chapter 1 preliminary:

This Act may be called the Legal Services Authorities Act, 1987.
(2) It extends to the whole of India,( The words “except the State of Jammu
and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019)
(3) It shall come into force on such date 9th/ November/1995

Chapter 2 definition:

In this Act, unless the context otherwise requires,—


1 (a) “case” includes a suit or any proceeding before a court;
(aa) “Central Authority” means the National Legal Services Authority
constituted under section 3;
(aaa) “court” means a civil, criminal or revenue court and includes any
tribunal or any other authority constituted under any law for the time being
in force, to exercise judicial or quasi-judicial functions;
(b) “District Authority” means a District Legal Services Authority
constituted under section 9;
2 (bb) “High Court Legal Services Committee” means a High Court
Legal Services Committee constituted under section 8A;
(c) “legal service” includes the rendering of any service in the conduct of
any case or other legal proceeding before any court or other authority or
tribunal and the giving of advice 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;
3 (ff) “regulations” means regulations made under this Act;
(g) “scheme” means any scheme framed by the Central Authority, a State
Authority or a District Authority for the purpose of giving effect to any of the
provisions of this Act;
(h) “State Authority” means a State Legal Services Authority constituted
under section 6;
(i) “State Government” includes the administrator of a Union territory
appointed by the President under article 239 of the Constitution;
3 (j) “Supreme Court Legal Services Committee” means the Supreme
Court Legal Services Committee constituted under section 3A;
(k) “Taluk Legal Services Committee” means a Taluk Legal Services
Committee constituted under section 11A.

Chapter III of the Legal Services Authorities Act, 1987 deals with
✓National Legal Services Authorities and their functions.
✓ The State Legal Services Authorities (SLSA),
✓District Legal Services Authorities (DLSA) and
✓Taluk Legal Services Committees (TLSC) have also been constituted
under the said Act. The Act also provides for constitution of
#Supreme Court Legal Services Committee (SCLSC) for providing legal aid
in matters coming before the Supreme Court and
# High Court Legal Services Committee (HCLSC) to provide legal aid to the
eligible persons in legal matters coming before the High Courts.

3. STATUTORY CONSTITUTION AND FUNCTIONS OF LEGAL


SERVICES INSTITUTIONS
National Legal Services Authority (NALSA)
As per Section 3 of the Legal Services Authority Act, 1987, the Central
Government must constitute a body to be called the National Legal
Services Authority to exercise the powers and perform the functions
conferred on, or assigned to it as defined in section 2(aa) under this Act.

Statutory Constitution of NALSA:


The Central Authority Viz National Legal Services Authority shall consist of

a) the Chief Justice of India who shall be the Patron-in-Chief;
b) a serving or retired Judge of the Supreme Court to be nominated by the
President, in consultation with the Chief Justice of India, who shall be the
Executive Chairman; and
c) such number of other members, possessing such experience and
qualifications,
as may be prescribed by the Central Government, to be nominated by that
Government in consultation with the Chief Justice of India.

Statutory Functions of NALSA: As per Section 4, the Central Authority/


National Legal Services Authority has to perform following functions:
a) lay down policies and principles for making legal services available
under the provisions of this Act;
b) frame the most effective and economical schemes for the purpose of
making legal services available under the provisions of this Act;
c) utilise the funds at its disposal and make appropriate allocations of funds
to the State Authorities and District Authorities;
d) take necessary steps by way of social justice litigation with regard to
consumer protection, environmental protection or any other matter of
special concern to the weaker sections of the society and for this purpose,
give training to social workers in legal skills;
e) organise legal aid camps, especially in rural areas, slums or labour
colonies with the dual purpose of educating the weaker sections of the
society as to their rights as well as encouraging the settlement of disputes
through LokAdalats;
f) encourage the settlement of disputes by way of negotiations, arbitration
and conciliation;
g) undertake and promote research in the field of legal services with special
reference to the need for such services among the poor;
h) to do all things necessary for the purpose of ensuring commitment to the
fundamental duties of citizens under Part IVA of the Constitution;
monitor and evaluate implementation of the legal aid programmes at
periodic intervals and provide for independent evaluation of programmes
and schemes implemented in whole or in part by funds provided under this
Act;
j) provide grants-in-aid for specific schemes to various voluntary social
service institutions and the State and District Authorities, from out of the
amounts placed at its disposal for the implementation of the legal services
schemes under the provisions of this Act;
k) develop, in consultation with the Bar Council of India, programmes for
clinical legal education and promote guidance and supervise the
establishment and working of legal services clinics in universities, law
colleges and other institutions;
l) take appropriate measures for spreading legal literacy and legal
awareness amongst the people and, in particular, to educate weaker
sections of the society about the rights, benefits and privileges guaranteed
by social welfare legislations and other enactments as well as
administrative programmes and measures;
m) make special efforts to enlist the support of voluntary social welfare
institutions working at the grass-root level, particularly among the
Scheduled Castes and the Scheduled Tribes, women and rural and urban
labour; and
n) coordinate and monitor the functioning of State Authorities, District
Authorities, Supreme Court Legal Services Committee, High Court Legal
Services Committees, Taluk Legal Services Committees and voluntary
social service institutions and other legal services organisations and give
general directions for the proper implementation of the legal services
programmes.

As per Section 5 of the Act, in the discharge of its functions under this Act,
the Central Authority shall, wherever appropriate, act in coordination with
other governmental and non-governmental agencies, universities and
others engaged in the work of promoting the cause of legal services to the
poor.

Supreme Court Legal Services Committee

As per Section 3A of the Legal Services Authority Act, the Central


Authority shall constitute a committee to be called the Supreme Court Legal
Services Committee for the purpose of exercising such powers and
performing such functions, as may be determined by regulations made by
the Central Authority.

Statutory Constitution of SCLSC: As per Section 3A (2), the Committee


shall consist
of—
a) a sitting Judge of the Supreme Court who shall be the Chairman; and
b) such number of other members possessing such experience and
qualifications as may be prescribed by the Central Government, to be
nominated by the Chief Justice of India
Besides, in exercise of powers conferred under Section 27 of the Act, the
Central Government has framed Supreme Court Legal Services Committee
Rules, 2000,wherein it has been prescribed that the Supreme Court Legal
Services Committee shall consist of not more than nine Members.

The following shall be the ex-officio Members of the Supreme Court


Legal Services Committee
a) Attorney General of India
b) Additional Secretary in the Department of Legal Affairs, Ministry of Law,
Justice and Company Affairs, Government of India or his nominee
c) Additional Secretary in the Department of Expenditure of the Ministry of
Finance, Government of India or his nominee; and
d) Registrar General of the Supreme Court of India.
e) The Chief Justice of India may also nominate other Members from
amongst
those possessing the qualification and experience prescribed in Sub-Rule
(4) of the Rules.

As far as qualifications are concerned, it is prescribed that a person shall


not be qualified for nomination as a Member unless he is
a) an eminent person in the field of law,
b) a person of repute who is specially interested in the implementation of
the Legal Services Schemes; or
c) an eminent social worker who is engaged in the upliftment of the weaker
sections of the society including Scheduled Castes, Scheduled Tribes,
women, children, rural and urban labour.

Statutory Functions of SCLSC: The powers have been given to Central


Authority(NALSA) to prescribe functions of the Supreme Court Legal
Services Committee. The same are contained in Supreme Court Legal
Service Committee Regulations, 1996

State Legal Services Authority (SLSA)


As per Section 6, every State Government shall constitute a body to be
called the Legal Services Authority for the State to exercise the powers and
perform the functions conferred on, or assigned to, a State Authority under
this Act.
Statutory Constitution of SLSA - The State Legal Services Authority shall
consist of:
a) the Chief Justice of the High Court who shall be the Patron-in-Chief;
b) a serving or retired Judge of the High Court, to be nominated by the
Governor, in consultation with the Chief Justice of the High Court, who shall
be the Executive Chairman; and
c) such number of other members, possessing such experience and
qualifications as may be prescribed by the State Government, to be
nominated by that Government in consultation with the Chief Justice of the
High Court.
e) As per Section 6(3), the State Government shall, in consultation with the
Chief Justice of the High Court, appoint a person belonging to the State
Higher Judicial Service, not lower in rank than that of a District Judge, as
the Member-Secretary of the State Authority, to exercise such powers and
perform such duties under the Executive Chairman of the State Authority
as may be prescribed by that Government or as may be assigned to him by
the Executive Chairman of that Authority.

Statutory Functions of SLSA:

i. As per Section 7 of the Act, it shall be the duty of the State Authority to
give effect to the policy and directions of the Central Authority.

ii. Besides this, as per Section 7(2), State Authority shall perform all or any
of the following functions, namely:
a) give legal service to persons who satisfy the criteria laid down under this
Act;
b) conduct Lok Adalats, including Lok Adalats for High Court cases;
c) undertake preventive and strategic legal aid programmes; and
d) perform such other functions as the State Authority may, in consultation
with the Central Authority, fix by regulations.
iii. As per Section 8, in the discharge of its functions, the State Authority
shallappropriately act in coordination with other governmental agencies,
non-governmental voluntary social service institutions, universities and
other bodies engaged in the work of promoting the cause of legal services
to the poor and shall also be guided by such directions, as the Central
Authority may give to it in writing.

High Court Legal Service Committee (HCLSC)


As per Section 8A of the Act, the State Authority shall constitute a
Committee to be called the High Court Legal Services Committee for every
High Court, for the purpose of exercising such powers and performing such
functions, as may be determined by regulations, made by the State
Authority.
Statutory Constitution of HCLSC: The Committee shall consist of -
a) a sitting Judge of the High Court who shall be the Chairman; and
b) such number of other members possessing such experience and
qualifications,
as may be determined by regulations made by the State Authority, to be
nominated by the Chief Justice of the High Court.
e) Besides, the Chief Justice of the High Court shall appoint a Secretary to
the
Committee possessing such experience and qualifications, as may be
prescribed
by the State Government.

Statutory Functions of HCLSC: The functions of the High Court Legal


Services Committee have not been laid down in the Act. Its function are
determined by the Regulations made by SLSA.

District Legal Services Authority (DLSA)

Section 9 of the Act provides that the State Government shall, in


consultation with the
Chief Justice of the High Court, constitute a body to be called the District
Legal
Services Authority for every District in the State to exercise the powers and
perform
the functions conferred on, or assigned to, the District Authority under this
Act.
District Authority shall consist of -
a) the District Judge who shall be its Chairman; and
b) such number of other members, possessing such experience and
qualifications, as may be prescribed by the State Government, to be
nominated by that Government in consultation with the Chief Justice of the
High Court.
c) Besides, the State Authority shall, in consultation with the Chairman of
the District Authority, appoint a person belonging to the State Judicial
Service, not lower in rank, than that of a Subordinate Judge or Civil Judge
posted at the seat of the District Judiciary as Secretary of the District
Authority to exercise such powers and perform such duties, under the
Chairman of that Committee as may be assigned to him by such Chairman.

Statutory Functions of DLSA: As per Section 10, it shall be the duty of


every District Authority to perform such functions of the State Authority in
the District, as may be delegated to it, from time to time by the State
Authority. In addition, the District Authority may perform all or any of the
following functions,
(a) coordinate the activities of the Taluk Legal Services Committee and
other legal
services in the District;
(b) organize Lok Adalats within the District; and
(c) perform such other functions as the State Authority may fix by
regulations.

Further, as per Section 11, in the discharge of its functions under this Act,
the District
Authority shall, wherever appropriate, act in coordination with other
governmental and
non-governmental institutions, universities and others engaged in the work
of
promoting the cause of legal services to the poor and shall also be guided
by such
directions, as the Central Authority or the State Authority may give to it in
writing.
Taluk Legal Services Committee (TLSC)
As per Section 11A of the Act, the State Authority may constitute a
Committee, to be
called the Taluk Legal Services Committee, for each taluk or mandal or for
group of
taluks or mandals.
Statutory Constitution of TLSC: The Committee shall consist of -
a) The senior-most Judicial Officer operating within the jurisdiction of the
Committee who shall be the ex officio Chairman; and
b) such number of other members, possessing such experience and
qualifications,
as may be prescribed by the State Government, to be nominated by that
Government in consultation with the Chief Justice of the High Court.
Statutory Functions of TLSC: As per Section 11B of the Act, the Taluk
Legal Services
Committee may perform all or any of the following functions, namely
a) co-ordinate the activities of legal services in the taluk;
b) organize Lok Adalats within the taluk; and
c) perform such other functions as the District Authority may assign to it.

Chapter IV of the Act, deals with entitlement to legal services and Section
12 of the Act, specifically provides for the categories of persons, who are
entitled to avail legal aid and the same is discussed in greater detail, in
Chapter 5 of this Part.

PERSONS ENTITLED TO LEGAL AID


According to Section 12 of the Legal Services Authorities Act, 1987, the
following categories of persons are entitled to free legal aid and services:
i. Scheduled Caste or Scheduled Tribe
ii. Victim of Human Trafficking or Begar
iii. Woman or Child
iv. Person with Disabilities
v. Victim of Mass, Natural or Industrial Disaster, Ethnic violence, Caste
Atrocity etc.
vi. Industrial Workman
vii. Person in Custody, including Custody in a Protective Home or
Psychiatric Hospital etc.
viii. Person with Annual Income Less Than as Prescribed
Additionally, certain other categories of persons have been included in the
list of persons entitled to free legal aid in some States. These additional
categories of persons are:
i. HIV affected Person
ii. Senior Citizen
iii. Victim of Acid Attack (Laxmi v/s UoI)
iv. Transgender Person
v. Victim of Drug Abuse
States have identified different income amounts for assigning eligibility. The
table below provides state wise list of income and additional categories for
availing legal aid as of May 2023.

Any category other than specified in Section


12 of the Legal Services Authorities Act, 1987
eligible for legal aid in your State.
1 Andhra Pradesh ₹ 300,000
2 Telangana ₹300,000.

Chapter V: National Legal Aid Fund

Section 15 of the Legal Services Authorities Act, provides that the Central
Authority shall establish a fund to be called the National Legal Aid Fund
and there shall be credited thereto—
(a) all sums of money given as grants by the Central Government under
section14;
(b) any grants or donations that may be made to the Central Authority by
any other
person for the purposes of this Act;
(c) any amount received by the Central Authority under the orders of any
court or
from any other source.

The National Legal Aid Fund shall be applied for meeting—

(a) the cost of legal services provided under this Act including grants made
to State Authorities;
(b) the cost of legal services provided by the Supreme Court Legal
Services Committee;
(c) any other expenses which are required to be met by the Central
Authority.
It was resolved in the Central Authority Meeting held on 13th September,
1997 under Agenda Item no. 5 that the National Legal Aid Fund has to be a
revolving fund and NALSA should be an independent body having financial
autonomy.

State Legal Aid Fund

Section 16 of the Legal Services Authorities Act, 1987 provides that a


State Authority
shall establish a fund to be called the State Legal Aid Fund and there shall
be credited thereto -
(a) all sums of money paid to it or any grants by the Central Authority for
the purposes of this Act;
(b) any grants or donations that may be made to the State Authority by the
State Government or by any person for the purposes of this Act;
(c) any other amount received by the State Authority under the orders of
any court or from any other source.

State Legal Aid Fund shall be applied for meeting -


(a) the cost of functions referred to in section 7;
(b) the cost of legal services provided by the High Court Legal Services
Committee;
(c) any other expenses which are required to be met by the State
Authority.]

District Legal Aid Fund


Section 17 of the Legal Services Authorities Act, 1987 envisages that
every District Authority shall establish a fund to be called the District Legal
Aid Fund and there shall be credited thereto -
(a) all sums of money paid or any grants made by the State Authority to the
District Authority for the purposes of this Act;
(b) any grants or donations that may be made to the District Authority by
any person, with the prior approval of the State Authority, for the purposes
of this Act;
(c) any other amount received by the District Authority under the orders of
any court or from any other source.

District Legal Aid Fund shall be applied for meeting -

(a) the cost of functions as referred in section 10 and 11B of the Legal
Services Authorities Act, 1987;
(b) any other expenses which are required to be met by the District
Authority.
Grant of Funds and Supervision of TLSC
Section 17(2) of the Legal Services Authorities Act, 1987 envisages that
the District Legal Aid Fund shall be applied for meeting the cost of functions
referred to in Section 10 and 11B of the said Act.

Section 11B stipulates that Taluk Legal Services Committee may perform
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.
Therefore, the District Legal Aid Fund shall also be applied to bear the
expenses for performing the functions of the TLSCs, as provided under the
Legal Services Authorities Act, 1987.

Under Section 18 of the Legal Services Authorities Act,1987


✓ the Central Authority, State Authority and District Authority are required
to maintain proper accounts and relevant record.
✓ Also require to prepare Annual Statement of Accounts including Income
and Expenditure Account and Balance Sheet of Legal Aid Fund in the
format as prescribed by the Government of India in consultation with the
Comptroller and Auditor General of India and
✓It shall be forwarded annually by the Authorities to the Central
Government or the State Governments, as the case may be.

LOK ADALATS
Lok Adalats have been defined under Chapter VI of the Legal Services
Authorities Act 1987, and a uniform procedure and other aspects are
provided under the NALSA (Lok Adalat) Regulations 2009.

Section 19 of the Act provides for the establishment of Lok Adalats. Legal
Services Institutions at all levels, including the Supreme Court Legal
Services Committee, High Court Legal Services Committee, and at the
state, and district levels, shall hold Lok Adalats. Lok Adalats serve as an
effective alternate dispute resolution mechanism. Its purpose is to provide
speedy and effective
disposal of cases in a cost-effective manner. Matters settled in the Lok
Adalats attain finality and the court fees paid by the litigants is also
refunded.

The objective of Lok Adalats is to settle disputes on the basis of


compromise or settlement. Lok Adalats have the power to help the parties
to arrive at a compromise or settlement between the parties to a dispute
and not to issue any direction or order in respect of such dispute between
the parties.
Levels and Composition of Lok Adalats:
a. The Secretary of the District Legal Services Authority organizing the Lok
Adalat would constitute benches of the Lok Adalat, each bench comprising
of a sitting or retired judicial officer and any one or two of the following:
i. either a member from the legal profession; and/or
ii. a social worker engaged in the upliftment of the weaker sections and
interested in the implementation of legal services schemes or programmes
or a person engaged in para-legal activities of the area, preferably a
woman.
b. The Secretary DLSA can associate members of the legal profession,
college students, social organizations, charitable and philanthropic
institutions and other similar organizations for organizing Lok Adalats.

Matters to be referred to Lok Adalat: Lok Adalat gets jurisdiction to deal


with a case only when a court of competent jurisdiction, ordersthe case to
be referred in the manner prescribed in S. 20 or S. 89 of the Code of Civil
Procedure 1908. The Court shall however prima facie satisfy itself that
there are chances of settlement of the case through Lok Adalat and the
case is appropriate to be referred to Lok Adalat.

The matters related to divorce and criminal cases which are not
compoundable under CrPC, shall not be referred to the Lok Adalat.

Timeline: The Secretary, DLSA can organize Lok Adalats at such intervals,
as deemed fit, by the concerned State Authority or DLSA.

Summoning of judicial records: The Secretary, DLSA may call for the
judicial records of pending cases, which are referred to the Lok Adalat,
under Section 20 of the Legal Services Authorities Act, 1987, from the
Courts concerned. The officer duly authorized by the Secretary, DLSA,
shall be responsible for the safe custody of records, from receiving of the
same from the Court, till they are returned.
Safe custody of records: The judicial records, shall be returned within 10
days of the Lok Adalat, irrespective of whether or not the case, is settled by
the Lok Adalat, with an endorsement about the result of proceedings.
Wherever, it is appropriate, the Court concerned, from where the records
are called, may permit the records to be retained beyond the period of 10
days. Every judicial authority is expected to co-operate, in the transmission
of judicial records.

Pre-litigation matters: It is to be ensured that in cases of pre-litigation


matters, it may be ensured that the Court for which a Lok Adalat is
organized has territorial jurisdiction to adjudicate the matter. Further, in a
pre-litigation matter, which is referred to Lok Adalat, the DLSA shall give a
reasonable hearing to the parties concerned. An award based on
settlement between the parties, can be challenged only on violation of
procedures, prescribed in Section 20 of the Act, only by filing a petition
under Articles 226 and 227 of the Constitution of India.

Award: Drawing up of the award is merely an administrative act by


incorporating the terms of settlement or compromise agreed by parties
under the guidance and assistance from Lok Adalat.
Members of the Lok Adalat shall ensure that the parties affix their
signatures only after fully understanding the terms of settlement arrived at
and recorded. The members of the Lok Adalat shall also satisfy themselves
about the following before affixing their signatures:
(a) that the terms of settlement are not unreasonable or illegal or one-
sided; and
(b) that the parties have entered into the settlement voluntarily and not on
account of any
threat, coercion or undue influence.

The original award shall form part of the judicial records (in pre-litigation
matter, the original award may be kept with the DLSA concerned. A copy of
the award shall be given to each of the parties, duly certifying them to be
true, by the officer designatedby Secretary, DLSA, free of cost and the
official seal of the Authority concerned or Committee shall be affixed on all
awards.

Confidentiality: The members of the Lok Adalat and the parties shall keep
confidential, all matters relating to proceedings in the Lok Adalat and the
members of the Lok Adalat shall not be compelled to disclose the matter
which took place in the Lok Adalat proceedings before any court of law,
except where such disclosure is necessary for purpose of implementation
and enforcement of the award.

Maintenance of panel of names of Lok Adalat members: - The


Secretary, District Legal Services Authority, shall maintain a panel of
names of retired judicial officers, advocates and social workers to work in
Lok Adalats.
Failure of Lok Adalat proceedings: If a pre-litigation matter is not settled
in the Lok Adalat, the parties may be advised to resort to other ADR
techniques or to approach a Court of law and in appropriate cases, they
may be advised about the availability of legal aid.

Compilation of results: The Secretary, DLSA, at the conclusion of


session of Lok Adalat, shall compile the results for submission to the State
Authority, in the pro forma given in Appendix II of the Regulations.

A. National Lok Adalat


National Level Lok Adalats are held for at regular intervals where on a
single day Lok Adalats are held throughout the country, in all the courts
right from the Supreme Court till the Taluk Levels wherein cases are
disposed of in huge numbers. From February 2015, National Lok Adalats
are being held on a specific subject matter every month.

B. Special Lok Adalat


NALSA vide its letter dated 20.08.2014 intimated that Special sitting of
Magistrates, may be organized to dispose of petty matters under:
i. Municipal Laws
ii. Shops and Establishment Act
iii. Local Police Acts

iv. Excise Act


v. Violation of Minimum Wages Act
vi. Traffic Challan etc.
C .Permanent Lok Adalat: Chapter VI A of the Act introduced by way of
amendment in 2002, provides for constitution of Permanent Lok Adalats for
settlement of disputes pertaining to public utility services.
Section 22A:“Permanent Lok Adalat” means a Permanent Lok Adalat
established under sub-section (1) of Section 22B of the Legal Services
Authorities Act, 1987 for exercising jurisdiction in respect of public utility
services.
The term public utility service means any
i. transport service 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 water to the public by any establishment; or
iv. system of public conservancy or sanitation; or
v. service in hospital or dispensary; or
vi. insurance service,
vii. and includes any service which the Central Government or the State
Government, as the case may be, in the public interest, by notification,
declare to be a public utility service.
Section 22B:Establishment of Permanent Lok Adalats
a. Every State Authority shall, by notification, establish Permanent Lok
Adalats at such places and for exercising such jurisdiction in respect of one
or morepublic utility servicesand for such areas as may be specified in the
notification.
b. Every Permanent Lok Adalat established for an area notified under sub-
section (1) shallconsist of—
i. two other persons having adequate experience in public utility service to
be nominated by the Central Government or, as the case may be, the State
Governmenton the recommendation of the Central Authority or, as the
case may be, the State Authority,
ii. appointed by the Central Authority or, as the case may be, the State
Authority, establishing such Permanent Lok Adalat and the other terms
and conditions of the appointment of the Chairman and other persons
referred to in clause (b) shall be suchas may be prescribed by the Central
Government.

Section 22C:Cognizance of cases by Permanent Lok Adalat


i. Any party to a dispute may, before the dispute is brought before any
court, make an application to the Permanent Lok Adalat for the settlement
ofdispute.
ii. However, the Permanent Lok Adalat shall not have jurisdiction in respect
of any matter, where the offence is not compoundable under law or the
value of property in dispute exceeds Rs. 10 lakhs, subject to increase in
limit by the Central Government.

Section 22E:Award of Permanent Lok Adalat— Every award of the


Permanent Lok Adalat shall be final and binding on all the parties thereto
and on persons claiming under them and shall be deemed to be a decree
of Civil Court. The award made by the Permanent Lok Adalat under this Act
shall be final and shallnot be called in question in any original suit,
application or execution proceeding.

Section 23 members of the Lok Adalats or the persons constituting


Permanent Lok Adalats shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code

Section 24 protection of action taken in good faith

Section 25 of the Act provides that the Act shall have an overriding effect
on any other law or any instrument of law in cases of any inconsistency.

Section 27 to 29 of the Act provide for the powers of making rules to the
Central Government, State Government, Central Authority (NALSA).

You might also like