LexThe Legal Services Authorities Act, 1987
Haryana · state statute
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Contents
SR. NO. INTRODUCTION PAGE NO.
1 The Legal Services Authorities Act, 1987 1-25
2 The H aryana State Legal Services Authority
Rules, 1996
26-44
3 The Haryana Legal Services Authority
(Transaction of Business and Other Provisions)
Regulations, 1998
45-60
4 The Permanent Lok Adalat (Other Terms and
Conditions of Appointment o f Chairman a nd
Other Persons) Rules, 2003
61-64
5 Haryana Victim Compensation Scheme, 2020
(Part I & II)
65-80
6 The High Court Legal Services Committee
Regulations, 1998
81-86
7 The National Legal Services Authority (Lok
Adalat) Regulations, 2009
87-96
8 The National Legal Services Authority (Free
And Competent Legal Services) Regulations,
2010
97-107
9 National Legal Services Authority (Legal Aid
Clinics) Regulations, 2011
108-114
10 Important Notifications 115-119
11 Haryana Legal Services Authority Group B, C
and D Employees (Recruitment and Conditions
of Service) Rules, 2016.
1-28
* * *
The Legal Services Authorities Act,
1987
1
I
The Legal Services Authorities Act,
1987
(No. 39 of
1987)
[As amended by The Legal Services Authorities
(Amendment)
Act, 1994 (No. 59 of
1994)]
and
[Legal Services Authorities (Amendment) Act, 2002 (No. 37 of
2002)]
The 11th October,
1987
The 29th October,
1994
An Act to constitute legal services authorities to provide free
and
competent
legal services to the weaker sections of the society to ensure
that
opportunities for
securing justice are not denied to any citizen by reason
of
economic or other
disabilities, and to organize Lok Adalats to secure that
the
operation of the legal
system promotes justice on a basis of equal
opportunity.
Be it enacted by Parliament in the thirty-eighth year of the Republic
of
India as
follows:-
CHAPTER
I
PRELIMINARY
1. (1) This Act may be called the Legal Services Authorities
Act, 1987.
(2) It extends to the whole of India
1
.
(3) It shall come into force on such date
2
as the
Central
Government may, by notification, appoint; and different dates
may
be
appointed for different provisions of this Act and for
different States, and
any
reference to commencement in any
provision of this Act in relation to
any
State shall be construed as
a reference to the commencement of that
provision
in that
State.
2. (1) In this Act, unless the context otherwise
requires,-
(a) “Case”
3
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;
1
Omitted by Act 34 of 2019 section 95 and the fifth schedule (w.e.f.31.10.2019).
2 Whole Act except Chapter III. Came into force on 9.11.1995, vide S.O.893 (E) dated
9.11.1995.
3 Subs. by Act 59 of 1994 Sec.2, for clause (a) (w.e.f. 29.10.1994).
Short title, extent
and
commencement.
Definitions.
The Legal Services Authorities Act,
1987
2
(b) “District Authority” means a District Legal Services
Authority constituted under Section
9;
(bb) “High Court Legal Services Committee”
4
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 organized
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”
5
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
.
(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.
(2) Any reference in this Act to any other enactment or
any
provision thereof shall, in relation to an area in which such enactment
or
provision is not in force, be construed as a reference to the corresponding
law
or
the relevant provision of the corresponding law, if any, in force in that
area.
4
Ins. by Act 59 of 1994, sec.2 (w.e.f.
29.10.1994).
5
Ins. by Act 59 of 1994, sec.2 (w.e.f.
29.10.1994).
The Legal Services Authorities Act,
1987
3
CHAPTER
II
THE NATIONAL LEGAL SERVICES
AUTHORITY
3
6
. (1) The Central Government shall constitute a body to be called
the
National Legal Services Authority to exercise the powers and perform
the
functions conferred on, or assigned to the Central Authority under this
Act.
(2) The Central 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.
(3) The Central Government shall, in consultation with the
Chief
Justice of India, appoint a person to be the Member Secretary of the
Central
Authority, possessing such experience and qualification as may be
prescribed
by
that Government, to exercise such powers and perform such duties
under
the
Executive Chairman of the Central Authority as may be prescribed by
that
Government or as may be assigned to him by the Executive Chairman of
that
Authority.
(4) The terms of office and other conditions relating thereto,
of
members and the Member Secretary of the Central Authority shall be such
as
may be prescribed by the Central Government in consultation with the
Chief
Justice of
India.
(5) The Central Authority may appoint such number of officers and other
employees as may be prescribed by the Central Government, in consultation with
the Chief Justice of India, for the efficient discharge of its functions under this Act.
(6) The Officers and other employees of the Central Authority
shall be
entitled to such salary and allowances and shall be subject to
such
other
conditions of service as may be prescribed by the Central Government
in
consultation with the Chief Justice of
India.
(7) The administrative expenses of the Central Authority,
including
the
s a l a r i e s , allowances and pensions payable to the
Member-Secretary,
officers and
other employees of the Central Authority, shall be defrayed out
of
the
Consolidated Fund of
India.
(8) All orders and decisions of the Central Authority shall
be,
6
Ins. by Act 59 of 1994, sec.3, for section 3 (w.e.f. 29.10.1994).
Constitution of
the National
Legal Services
Authority.
The Legal Services Authorities Act,
1987
4
authenticated by the Member-Secretary or any other officer of the
Central
Authority duly authorized by the Executive Chairman of that
Authority.
(9) No act or proceeding of the Central Authority shall be
invalid
merely
on the ground of the existence of any vacancy in, or any defect in
the
constitution
of, the Central
Authority.
3A. (1) 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.
(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.
(3) The Chief Justice of India shall appoint a person to be
the
Secretary to the Committee, possessing such experience and qualifications
as
may be prescribed by the Central
Government.
(4) The terms of office and other conditions relating thereto, of
the
members and Secretary of the Committee shall be such as may be
determined
by
regulations made by the Central
Authority.
(5) The Committee may appoint such number of officers and
other
employees as may be prescribed by the Central Government, in
consultation
with the Chief Justice of India, for the efficient discharge of its
functions.
(6) The officers and other employees of the Committee shall
be
entitled to such salary and allowances and shall be subject to such
other
conditions
of service as may be prescribed by the Central Government
in
consultation
with the Chief Justice of
India.
4. The Central Authority shall [****]
7
perform all or any of the
following
functions, namely:
-
(a) lay down policies and principles for making
legal
services available under the provisions of the
Act;
(b) frame the most effective and economical schemes
for
the
purpose of making legal services available under
the
provisions of this
Act;
7
The words “subject to the general directions of the Central Government” omitted by Act
59
of 1994 sec. 4, (w.e.f.
29.10.1994).
Supreme Cour
t
Legal Serv
i
ces
Commi
tt
ee.
Functions of
t
he
Cen
t
ra
l
Au
t
hor
it
y.
The Legal Services Authorities Act,
1987
5
(c) utilize 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) organize legal aid camps, especially in rural area,
slums
or
labour colonies with the dual propose of
educating
the
weaker sections of the society as to their rights
as
well as
encouraging the settlement of disputes
through
Lok
Adalats.
(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;
(i) 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
8
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 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;
8
Subs. by Act 59 of 1994 sec.4, for clause (j) (w.e.f
29.10.1994).
The Legal Services Authorities Act,
1987
6
(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
9
Authorities, District Authorities, Supreme Court
Legal
Services Committee, High Court Legal
Services
Committees,
Taluk Legal Services Committees
and
voluntary social
services institutions and other
legal
services organization and
give general directions for
the
proper implementation of the
legal
services programmes.
5. 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.
CHAPTER
III
STATE LEGAL SERVICES
AUTHORITY
6
10
. (1) 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.
(2) A State 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.
(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
9
Subs. by Act 59 of 1994, Sec.4, for “state and District Authorities and other voluntary
social
welfare institution” (w.e.f.
29.10.1994).
10
Subs. by Act 59 of 1994, Sec.5, for section 6 (w.e.f.
29.10.1994).
Central Au
t
hor
it
y
to work
i
n
Coord
i
na
ti
on
with o
t
her
agenc
i
es.
Constitution of
State Lega
l
Serv
i
ces
Au
t
hor
it
y.
The Legal Services Authorities Act,
1987
7
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:
Provided that a person functioning as Secretary of a State Legal
Aid
and
Advice Board immediately before the date of constitution of the
State
Authority may be appointed as Member-Secretary of that Authority, even if
he
is
not qualified to be appointed as such under this sub-section, for a period
not
exceeding five
years.
(4) The terms of office and other conditions relating thereby,
of
members and the Member-Secretary of the State Authority shall be such
as
may
be prescribed by the State Government in consultation with the
Chief
Justice of
the High
Court.
(5) The State Authority may appoint such number of officers
and
other
employees as may be prescribed by the State Government
in
consultation with the
Chief Justice of the High Court, for the
efficient
discharge of its functions under
this
Act.
(6) The officers and other employees of the State Authority
shall
be
entitled to such salary and allowances and shall be subject to such
other
conditions
of service as may be prescribed by the State Government
in
consultation with the
Chief Justice of the High
Court.
(7) The administrative expenses of the State Authority,
including
the
salaries, allowances and pensions payable to the Member-Secretary or
any
other
officer of the State Authority shall be defrayed out of the
consolidated
fund of
the
State.
(8) All orders and decisions of the State Authority shall
be
authenticated by the Member Secretary or any other officer of the
State
Authority duly authorized by the Executive Chairman of the State
Authority.
(9) No act or proceeding of a State Authority shall be
invalid
merely on the ground of the existence of any vacancy in, or any defect in
the
constitution of, the State
Authority.
7. (1) It shall be the duty of the State Authority to give effect to
the
policy and directions of the Central
Authority.
(2) Without prejudice to the generality of the functions referred
to
in
sub-section (1), the 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
11
;
11
Subs. by Act 59 of 1994, sec.6, for “Lok Adalats” (w.e.f.
29.10.1994).
Functions of
t
he
State Au
t
hor
it
y
The Legal Services Authorities Act,
1987
8
(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
12
, fix
by
regulations.
8
13
. In the discharge of its functions the State Authority shall
appropriately
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.
8A. (1) 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.
(2) The Committee shall consists
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.
(3) 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.
(4) The terms of office and other conditions relating thereto, of
the
members and Secretary of the Committee shall be such as may be
determined
by
regulations made by the State
Authority.
(5) The Committee may appoint such number of officers and
other
employees as may be prescribed by the State Government in consultation
with
the
Chief Justice of the High Court for the efficient discharge of its
functions.
(6) The officers and other employees of the Committee shall
be
entitled to such salary and allowances and shall be subject to such
other
conditions of service as may be prescribed by the State Government
in
consultation
with the Chief Justice of the High
Court.
12
Subs. by Act 59 of 1994, sec.6, for Central Government” (w.e.f.
29.10.1994).
13
Subs. by Act 59 of 1994, sec.7, for section 8 (w.e.f.
29.10.1994).
State Authority to
act in coordination
with other agencies,
etc. and be
subjected to
direction given by
the Look Adalat.
High Court Legal
Services
Committee
The Legal Services Authorities Act,
1987
9
9
14
. (1) The State Government shall, in consultation with 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.
(2) A 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.
(3) 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.
(4) The terms of office and other conditions relating thereto,
of
members and Secretary of the District Authority shall be such as may
be
determined by regulations made by the State Authority in consultation
with
the
Chief Justice of the High
Court.
(5) The District Authority may appoint such number of
officers
and
other employees as may be prescribed by the State Government
in
consultation
with the Chief Justice of the High Court for the
efficient
discharge of its
functions.
(6) The officers and other employees of the District Authority
shall
be
entitled to such salary and allowances and shall be subject to such
other
conditions
of service as may be prescribed by the State Government
in
consultation with the
Chief Justice of the High
Court.
(7) The administrative expenses of every District
Authority,
including the salaries, allowances and pensions payable to the
Secretary,
officers
and other employees of the District Authority shall be defrayed out
of
the
Consolidated Fund of the
State.
(8) All orders and decisions of the District Authority shall
be
authenticated by the Secretary or by any other officer of the District
Authority
duly
authorized by the Chairman of that
Authority.
(9) No act or proceeding of a District Authority shall be
invalid
merely on the ground of the existence of any vacancy in, or any defect in
the
constitution of, the District
Authority.
14
Subs. by Act 59 of 1994, sec. 7, for section 9 (w.e.f.
29.10.1994).
Constitution
of
District
Legal
Services
Authority.
The Legal Services Authorities Act,
1987
10
10. (1) It shall be the duty of every District Authority to perform
such
of the functions of the State Authority in the District as may be delegated to
it
from time to time by the State
Authority.
(2) Without prejudice to the generality of the functions referred
to
in
sub-section (1), the District Authority may perform all or any of
the
following functions,
namely:-
(a) coordinate
15
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
[****]
16
fix by
regulations.
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.
11A
17
. (1) 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.
(2) The Committee shall consist of
---
(a) the “senior most judicial officer”
18
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 Chief
Justice of
the
High
Court.
(3) The Committee may appoint such number of officers and
other
employees as may be prescribed by the State Government in consultation
with
Chief Justice of the High Court for the efficient discharge of its
functions.
(4) The officers and other employees of the Committee shall
be
entitled to such salary and allowances and shall be subject to such
other
conditions
of service as may be prescribed by the State Government
in
consultation with Chief
Justice of the High
Court,
15
Subs. by Ac t 59 of 1994, sec.8, for clause (a) (w.e.f.
29.10.1994).
16
The words “in consultation with the State Government”, omitted by Act 59 of 1994,
sec.8
(w.e.f.
29.10.1994).
17
Ins. by Act 59 of 1994, sec.9 (w.e.f.
29.10.1994).
18
Subs. by Act 37 of 2002, sec.2, for “senior Civil Judge” (w.e.f.
11.6.2002).
Functions of
District Authority.
District Authority
act in coord
i
na
ti
on
with other
agenc
i
es and be
subject
t
o
directions given by
the Cen
t
ra
l
Authority, e
t
c.
Taluk Lega
l
Serv
i
ces
Commi
tt
ee.
The Legal Services Authorities Act,
1987
11
(5) The administrative expenses of the Committee shall
be
defrayed out of the District Legal Aid Fund by the District
Authority.
11B. The Taluk Legal Services Committee may perform all or any of
the
following functions,
namely:--
(a) coordinate the activities of legal services in the
taluka;
(b) organize 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. 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
in
article 23 of the
Constitution;
(c) a woman 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
19
.
(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, or in a Juvenile home within
the
meaning of clause (j) of section 2 of the Juvenile Justice
Act,
1986, or in a psychiatric hospital or psychiatric nursing
home
within
the meaning clause (g) of section 2 of the Mental
Health
Act, 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
19
Subs. by Act 1 of 1996, sec.74, for clause (d) (w.e.f .
7.2.1996)
Subs. by Act 59 of 1994, sec.10, for clause (h) (w.e.f.
29.10.1994)
Functions of Ta
l
uk
Legal Serv
i
ces
Commi
tt
ee.
Criteria for g
i
v
i
ng
legal services.
The Legal Services Authorities Act,
1987
12
higher amount as may be prescribed by the
Central
Government, if
the case is before the Supreme
Court.
13. (1) Persons who satisfy or any of the criteria specified in section
12
shall be entitled to receive legal services provided that the
concerned
Authority is satisfied that such person has a prima-facie case to prosecute or
to
defend.
(2) An affidavit made by a person as to his income may
be
regarded as sufficient for making him eligible to the entitlement of
legal
services under this Act unless the concerned Authority has reason
to
disbelieve such
affidavit.
CHAPTER V
FINANCE,
ACCOUNTS AND
AUDIT
14. The Central Government shall, after due appropriation made
by
Parliament by law in this behalf, pay to the Central Authority, by way
of
grants, such sums of money as the Central Government may think fit for
being
utilized for the purposes of this
Act.
15. (1) 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 section
14;
(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.
(2) 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.
20
16. (1) A State Authority shall establish a fund to be called the
State
Legal Aid Fund and there shall be credited thereto
—
20
Subs. by Act 59 of 1994, sec.11, for clause (b) (w.e.f.
29.10.1994).
Entitlement of
legal services.
Grants by
t
he
Central
Government.
National Legal
A
i
d Fund.
State Legal Aid
Fund
The Legal Services Authorities Act,
1987
13
(a) all sums of money paid to it or any grants made 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.
(2) A 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
Committees;
(c) any other expenses which are required to be met by
the
State
Authority.
21
17. (1) 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.
22
(2) A District Legal Aid Fund shall be applied for
meeting—
(a) the cost of functions referred to in section 10 and
11B
23
;
(b) any other expenses which are required to be met by
the
District
Authority.
18. (1) The Central Authority, State Authority or the District
Authority
(hereinafter referred to in this section as ‘the Authority’), as the case may
be,
shall
maintain proper accounts and other relevant records and prepare
an
annual
statement of accounts including the income and expenditure
account
and the
balance-sheet in such form and in such manner as may be
prescribed
by the
21
Subs. by Act 59 of 1994, sec.12, for clause (b) (w.e.f.
29.10.1994)
22
Subs. by Act 59 of 1994, sec.13, for clause (b) (w.e.f.
29.10.1994)
23
Ins. by Act 59 of 1994, sec. 13,
(w.e.f.29.10.1994).
District Legal Aid
Fund.
Accounts and
Audit.
The Legal Services Authorities Act,
1987
14
Central Government in consultation with the Comptroller and
Auditor
General of
India.
(2) The accounts of the Authorities shall be audited by
the
Comptroller and Auditor General of India at such intervals as may be
specified
by him and any expenditure incurred in connection with such audit shall
be
payable
by the Authority concerned to the Comptroller and Auditor General
of India.
(3) The Comptroller and Auditor General of India and any
other
person appointed by him in connection with the auditing of the accounts of
an
Authority under this Act shall have the same rights and privileges
and
authority in connection with such audit as the Comptroller and
Auditor
General of India has in connection with the auditing of the
Government
accounts and, in particular, shall have the right to demand the production
of
books,
accounts, connected vouchers and other documents and papers and
to
inspect any of
the offices of the Authorities under this
Act.
(4) The accounts of the Authorities, as certified by the
Comptroller
and Auditor General of India or any other person appointed by
him in
this
behalf together with the audit report thereon, shall be forwarded
annually
by
the Authorities to the Central Government or the State
Governments, as
the
case may
be.
24
(5) The Central Government shall cause the accounts and the
audit
report received by it under sub-section (4) to be laid, as soon as may be
after
they are received, before each house of
Parliament.
(6) The State Government shall cause the accounts and the
audit
report received by it under sub-section (4) to be laid, as soon as may be
after
they are received, before the State
Legislature.
CHAPTER
VI
LOK ADALATS
19. (1) Every State Authority or District Authority or the
Supreme
Court Legal Services Committee or every High Court Legal
Services
Committee or, as the case may be, Taluk Legal Services Committee
may
organize Lok Adalats at such intervals and places and for exercising
such
jurisdiction and for such areas as it thinks
fit.
(2) Every Lok Adalat organized 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 Taluk
24
Ins. by Act 59 of 1994, sec.14 (w.e.f.
29.10.1994).
Organisation of
Lok Adalats.
The Legal Services Authorities Act,
1987
15
Legal
Services
Committee, organizing such Lok
Adalat.
(3) The experience and qualifications of other persons referred
to
in
clause (b) of sub-section (2) for Lok Adalats organized by the
Supreme
Court
Legal Services Committee shall be such as may be prescribed by
the
Central
Government in consultation with the Chief Justice of
India.
(4) The experience 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 be such as may be prescribed by the State Government
in
consultation
with the Chief Justice of the High
Court.
(5) 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
organized:
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.
20
25
. (1) Where in case referred to in clause (i) of sub-section (5)
of
section-
19.
(i) (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
sub-
clause
(b) of clause (i) or clause (ii) by such court except after giving
a
reasonable
opportunity of being heard to the
parties.
(2) Notwithstanding anything contained in any other law for
the
time being in force, the Authority or Committee organizing the Lok
Adalat
under sub-section (1) of section 19 may, on receipt of an application from
any
one
of the parties to any matter referred to in clause (ii) of sub-section (5)
of
section
19 that such matter needs to be determined by a Lok Adalat, refer
such
matter to
the Lok Adalat, for
determination:
Provided that no matter shall be referred to the Lok Adalat except
after
25
Subs. by Act 59 of 1994, sec.15, for section 20 (w.e.f
29.10.1994).
Cognizance of
cases by Lok
Adalats.
The Legal Services Authorities Act,
1987
16
giving a reasonable opportunity of being heard to the other
party.
(3) 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.
(4) 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.
(5)
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.
(6) Where no award is made by the Lok Adalat on the ground
that
no
compromise or settlement could be arrived at between the parties, in
a
matter
referred to in sub-section (2), that Lok Adalat shall advice the parties
to
seek
remedy in a
court.
(7) Where the record of the case is returned under sub-section
(5)
to
the court, such court shall proceed to deal with such case from the
stage
which
was reached before such reference under sub-section
(1).
21
26
. (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.
(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.
22. (1) The Lok Adalat “or Permanent Lok Adalat”
27
shall, 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,
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
26
Sub. by Act 59 of 1994, sec. 16, for sub-section (1) (w.e.f.
29.10.1994).
27
Added by Legal Services Authorities (Amendment) Act No. 37 of 2002 published
in
Gazette of India vide notification No. 40 dated
11-6-2002.
Award of Lok
Adalat 7 of 1870.
Powers of Lok
Adalats 5 of 1908.
The Legal Services Authorities Act,
1987
17
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 Lok Adalat “or Permanent Lok Adalat”
shall
be deemed to be judicial proceedings within the meaning of sections 193,
219
and 228 of the Indian Penal Code 145 of 1860 and every Lok Adalat or
Permanent Lok Adalat shall be deemed to
be
a civil court for the purpose of
section 195 and Chapter XXVI of the Code
of
Criminal Procedure,
1973 (2 of
1974).
CHAPTER
VIA
PRE-LITIGATION CONCILIATION AND
SETTLEMENT
22A. In this Chapter and for the purpose 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) 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) Housing and Estates
28
(viii) Banking and Financial
29
(ix) Education or Educational Institutions
30
28
Notified by Haryana Government vide Notification
No.20/1/2009-4JJ(1)
dated
19.5.2009.
29
Notified by Haryana Government vide Notification
No.20/1/2009-4JJ(1)
dated
19.5.2009.
30
Notified by Ministry of Law and
Justice
Government of
India
vide notification
No.S.O.495(E)
dated
16.2.2016.
Definition.
The Legal Services Authorities Act,
1987
18
(x) Housing & Real E state
31
(xi) Supply of new connection of LPG or refills or its connected
matter.
32
and i n c l u d e s any s e r v i c e which the C e n t r a l Government or the
State
Government, as the case may be, may, in the public interest, by
notification,
declare to be a public utility service for the purposes of this
chapter.
22B. (1) Notwithstanding anything contained in section 19, the
Central
Authority or, as the case may be, every State Authority shall, by
notification,
establish Permanent Lok Adalats at such places and for exercising
such
jurisdiction
in respect of one or more public utility services and for such
areas
as may be
specified in the
notification.
(2) Every Permanent Lok Adalat established for an area
notified
under sub-section (1) shall consist of
–
(a) a person who is, or has been, a distrExcerpt shown. Open the full act in Lexace.