Goa State Legal Services Authority

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GOA LOK ADALAT SCHEME

1. DEFINITIONS

2. PROCEDURE FOR ORGANISING LOK ADALAT

3. INTIMATION TO THE STATE AUTHORITY

4. NOTICE TO THE PARTIES CONCERNED

5. COMPOSITION OF THE LOK ADALAT.

6. SUMMONING OF RECORDS AND THE RESPONSIBILITY FOR ITS SAFE CUSTODY

7. FUNCTIONING OF THE LOK ADALAT

8. HOLDING OF LOK ADALAT

9. PROCEDURE FOR EFFECTING COMPROMISE OR SETTLEMENT AT LOK ADALAT

10. AWARD TO BE CATEGORICAL AND LUCID

11. COMPILATION OF RESULTS

12. MAINTENANCE OF PANEL OF LOK ADALAT JUDGES

13. REMUNERATION TO OFFICERS AND STAFF OF THE LOK ADALAT

14. PROCEDURE FOR MAINTAINING RECORD OF CASES REFERRED UNDER SEC. 20 OF THE ACT OR OTHERWISE

15. BUDGET

16. MAINTENANCE OF ACCOUNTS

17. FUNDING.

18. MISCELLANEOUS

GOA LOK ADALAT SCHEME

In exercise of the powers conferred by Sec. 4 (b) of the Legal Services Authorities Act, 1987 (No. 39 of 1987), as amended, the Central Authority hereby makes this Scheme known as Lok Adalat Scheme.

1. DEFINITIONS.—In these Rules unless the context otherwise requires,—

(a) "Act" means the Legal Services Authorities Act, 1987 (No.39 of 1987) as amended by Legal Services Authorities Act, 1994 (No. 59 of 1994):

(b) "Chairman" means the Executive Chairman of the State Authority, or, as the case may be, the Chairman of the District Authority, or, as the case may be, the Chairman of the Taluk Legal Services Committee;

(c) "District Authority" means the District Legal Services Authority constituted under Sec. 9 of the Act:

(d) "High Court Legal Services Committee" means a High Court Legal Services Committee constituted under Sec. 8-A of the Act;

(e) "State Authority" means the State Legal Services Authority constituted under Sec. 6 of the Act;

(f) Taluk Legal Services Committee" means a Taluk Legal Services Committee constituted under Sec. 11-A of the Act;

(g) All other words and expressions used in these rules but not defined shall have the meaning respectively assigned to them in the Act,

2. PROCEDURE FOR ORGANISING LOK ADALAT— (1) The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee as the case may be, shall convene and organise Lok Adalats at regular intervals:

Provided that the Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall convene a Lok Adalat as soon as about 30 cases referred to it under Sec. 20 of the Act or otherwise are available for being taken up.

(2) The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, may associate the members of the legal professionals, college students, social organisations, charitable and philanthropic institutions and other similar organisations with the Lok Adalats.

3.INTIMATION TO THE STATE AUTHORITY— (1) The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee as the case may be, shall inform the State Authority about the proposal to organize the Lok Adalat well before the date on which the Lok Adalat is proposed to be organised and furnish the following information to the State Authority—

(i) the place and the date at which the Lok Adalat is proposed to be organised;

(ii) whether some of the organisations as referred to in para.2 (2) of this Scheme have agreed to associate themselves with the Lok Adalat;

(iii) categories and nature of cases, viz. pending cases or pre-lltigation disputes, or both, proposed to be placed before the Lok Adalat:

(iv) number of cases proposed to be brought before the Lok Adalat;

(v) any other information relevant to the convening and organising of the Lok Adalat

4. NOTICE TO THE PARTIES CONCERNED—The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, convening and organising the Lok Adalat shall inform every litigant whose case is referred to the Lok Adalat, well in time so as to afford him an opportunity to prepare himself for the Lok Adalat.

5. COMPOSITION OF THE LOK ADALAT.— ( 1 ) At High Court Level.—The Secretary of the High Court Legal Services Committee organizing the Lok Adalat shall constitute Benches of the Lok Adalats, each Bench comprising two or three of the following:—

(i) a sitting or retired Judge of the High Court:

(ii) a member of the legal profession; and

(iii) a social worker.

(2) At District Level—The Secretary of the District Authority organising the Lok Adalat shall constitute Benches of the Lok Adalat, each Bench comprising two or three of the following:—

(i) a sitting or retired judicial officer;

(ii) a member of the legal profession; and

(iii) a social worker or para-legal of the area.

(3) At Taluk Leuel—The Chairman of the Taluk Legal Services Committee organizing the Lok Adalat shall constitute Benches of the Lok Adalat, each Bench comprising two or three of the following:—

(i} a sitting or retired judicial officer;

(ii) a member of the legal profession;

(iii) a social worker or para-legal of the area, preferably a woman.

6. SUMMONING OF RECORDS AND THE RESPONSIBILITY FOR ITS SAFE CUSTODY— (1) The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, may call for the judicial records of those pending cases which are referred to the Lok Adalat under Sec. 20 of the Act from the concerned Courts.

(2) If any case is referred to the Lok Adalat at the pre-litigation stage, the version of each party shall be obtained by the Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, to be placed before the Lok Adalat.

(3) The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall be responsible for the safe custody of the records from the time he receives them from the Court till they are returned.

(4) Each judicial authority is expected to co-operate in transmission of the Court records.

(5) The judicial records shall be returned within ten 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 the proceedings.

7.FUNCTIONING OF THE LOK ADALAT— (1} The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall assign specific cases to each Bench of the Lok Adalat.

(2) The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, may prepare a 'cause list' for each Bench of the Lok Adalat and intimate the same to all concerned atleast two days before the date of the Lok Adalat.

(3) Every Bench of the Lok Adalat shall make sincere efforts to bring about a conciliatory settlement in every case put before it without bringing about any kind of coercion, threat or undue influence, allurement or misrepresentation.

8. HOLDING OF LOK ADALAT—A Lok Adalat may be organised at such time and place and on such days, including Saturdays, Sundays, and holidays as the State Authority, High Court Legal Services Committee, as the case may be, organising the Lok Adalat deems appropriate.

9. PROCEDURE FOR EFFECTING COMPROMISE OR SETTLEMENT AT LOK ADALAT— (1) Every Award of the Lok Adalat shall be signed by the Panel constituting the Lok Adalat.

(2) The original Award shall form part of the judicial records and a copy of the Award shall be given to each of the parties duly certified to be true by the panel constituting the Lok Adalat.

10. AWARD TO BE CATEGORICAL AND LUCID—Every Award of the Lok Adalat shall be categorical and lucid and shall be written in the language used in the local Courts. The Award may be drawn up in English or in the regional language.

(2) The parties to the dispute shall be required to affix their signatures or as the case may be, thumb impression on the Award of the Lok Adalat.

11. COMPILATION OF RESULTS—At the conclusion of session of the Lok Adalat, the Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall compile the results for submission to the State Authority.

12. MAINTENANCE OF PANEL OF LOK ADALAT JUDGES—The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall maintain a panel of retired Judges, Advocates, Social Workers etc. possessing qualification and experience prescribed under Sec. 28 (o) of the Act, who may work in Lok Adalats.

13. REMUNERATION TO OFFICERS AND STAFF OF THE LOK ADALAT— (1) Every member of the Bench of Lok Adalat shall be entitled to conveyance allowance.

(2) The Presiding Officer of the Lok Adalats held at Taluk and District Levels shall also be entitled to honorarium at such rates as may be determined by the Secretary of the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be but, not exceeding Rs.50/- per case decided and subject to a maximum of Rs. 500/- per day.

(3) The Presiding Officer for the Lok Adalats held at High Court Level shall also be entitled to honorarium at such rates as may be determined by the Secretary of the High Court Legal Services Committee, but not exceeding Rs.75/- per case decided and subject to a maximum of Rs.75O/- per day.

14. PROCEDURE FOR MAINTAINING RECORD OF CASES REFERRED UNDER SEC. 20 OF THE ACT OR OTHERWISE,-( 1 ) The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall maintain a Register wherein all the cases received by him by way of reference to the Lok Adalat shall be entered giving particulars of the—

(i) date of the receipt;

(ii) nature of the case;

(iii) such other particulars as may be deemed necessary; and

(iv) date of settlement and return of the case file.

(2) When the case is finally disposed of by the Lok Adalat, an appropriate entry will be made in the Register.

15. BUDGET— (1) The High Court Legal Services Committee and the District Authority shall submit the Budget proposals to the State Authority on financial year basis in respect of the Lok Adalat Scheme.

(2) The Taluk Legal Services Committee shall submit the Budget proposals to the District Authority on financial year basis in respect of the Lok Adalat Scheme

(3) The expenditure for Lok Adalat Scheme shall constitute "Non-Plan" expenditure and may be met out of the grants received by the High Court Legal Services Committee and the District Authority and the Taluk Legal Services Committee, as the case may be.

16. MAINTENANCE OF ACCOUNTS— (1) The Chairman of the High Court Legal Services Committee or the District Authority or the Taluk Legal Services Committee, as the case may be. shall exercise complete and full control over the expenditure to be incurred in the Lok Adalats.

(2) The Secretary of the High Court Legal Services Committee or the District Authority, as the case may be, shall render true and proper accounts to the State Authority every quarter,

(3) The Chairman of the Taluk Legal Services Committee shall render true and proper accounts to the District Authority every month,

17. FUNDING.— On a request received from the High Court Legal Services Committee or the District Authority or the Taluk Legal Services Committee, as the case may be the State Legal Services Authority may release special grants for convening and holding of Lok Adalats, if considered necessary.

18. MISCELLANEOUS— (1) The appearance of lawyers on behalf of the parties at the Lok Adalat shall not be refused.

(2) No fee shall be payable by the parties in respect of matters of cases brought before or referred to a Lok Adalat.

(3) The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Service Committee, as the case may be, shall provide all assistance as may be necessary to the Lok Adalats,

(4) Every Bench of the Lok Adalat may evolve its own procedure for conducting the proceeding before it and shall not be bound by either the Civil Procedure Code or the Evidence Act or the Code of Criminal Procedure subject, however, to the principle of natural justice.

Home :: Members :: High Court Legal Service Committee :: District Legal services Authority
Taluka Legal Service Committee :: Court Fees :: Activities :: Legal Aid Clinics :: Lok Adalat Scheme
Rules & Regulations :: High Court of Bombay at Goa :: Related Links