The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes. To give effects to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalat in every State, State Legal Services Authority has been constituted. Free Legal Services 1. Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings; 2. Providing Advocate in legal proceedings; 3. Obtaining and supply of certified copies of orders and other documents in legal proceedings; 4. Preparation of appeal, paper book including printing and translation of documents in legal proceedings etc. etc. 5. Prelitigation settlement by mediation/conciliation etc. Eligible persons for getting free legal services 1. Women and children 2. Members of SC/ST 3. Industrial Workmen 4. Victims of trafficking in human beings or beggars 5. Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster etc. 6. Disabled persons 7. Persons in custody 8. Persons whose annual income does not exceed Rs. 1,00,000/-. (in Supreme Court, Income Ceiling Limit is Rs. 1,25,000/- and some States Rs. 50,000/-) Free Legal Services can be availed from: 1. Supreme Court Legal Services Committee, 109, Lawyers Chambers, Supreme Court of India, New Delhi for Supreme Court Cases. 2. State Legal Services Authority constituted in all the States of the country 3. High Court Legal Services Committee situated at High Court Complex in every High Court. 4. District Legal Services Authority situated in the District Courts Complex in every District of the country. LOK ADALAT Lok Adalat is a forum where the disputes/cases pending in the court of law or at pre-litigation stage are settled/compromised amicably. Lok Adalat has been given statutory status under the Legal Services Authorities Act, 1987. An award made by the Lok Adalat is deemed to be decree of a civil court and is final and binding on all parties and no appeal lies before any court against it. NATURE OF CASES TO BE REFERRED TO LOK ADALATS 1. Any case pending before any court. 2. Any dispute which has not been brought before any court and is likely to be filed before any court. Provided that any matter relating to an offence not compoundable under the law shall not be referred to/settled in Lok Adalat. HOW TO GET THE CASE REFERRED TO THE LOK A DALAT FOR SETTLEMENT • Case pending before the courts: o If the parties agree to settle the dispute in Lok Adalat or o One of the parties make an application to the court or o The court is satisfied that the matter is an appropriate one for settlement in Lok Adalat. • Any dispute at pre-litigative stage The State Legal Services Authority or District Legal Services Authority as the case may be , on receipt of an application from any one of the parties to any pre-litigation stage matter refer such matter to the Lok Adalat for amicable settlement. Functions / Duties The Authority performs the functions as prescribed in the Legal Services Authorities Act 1987. (ii) The powers and duties of its officers and employees. The officers and employees discharge their functions as prescribed under National Legal Services Authority Rule 1995. (iii) The procedure followed in the decision-making process, including channels of supervision and accountability. As per the provisions of the Legal Services Authorities Act 1987 and National Legal Services Authority Rule 1995. (iv) The norms set by it for the discharge of its functions. The Authority is discharging its functions in accordance with the Legal Services Act 1987 and National Legal Services Authority Rules 1995. (v) The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions. a)The National Legal Services Authority Rule, 1995. b)The Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Rules 2003. c) National Legal Services Authority (Lok Adalat) Regulations 2010 d) National Legal Services Authority (Free and Competent Legal Services) Regulations 2010 e) National Legal Services Authority (Legal Aid Clinics) Regulations, 2011
Posted on: Fri, 01 Nov 2013 15:03:34 +0000
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