THE LOK ADALAT SCHEME, 2003[1] In exercise of the powers conferred by clause (g) of
Section 2 read with clauses (a) and (b) of sub-section (2) of Section 7 of the
Legal Services Authorities Act, 1987 (No. 39 of 1987), the State Authority
hereby makes the following Scheme, namely :- This scheme may be called the Lok Adalat Scheme, 2003. In these Rules, unless the context otherwise requires,- (a) "Act"
means the Legal Services Authorities Act, 1987 (No. 39 of 1987); (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 Service Authority constituted under
Section 9 of the Act; (d) "High
Court Legal Services Committee" means a High Court Legal Services
Committee constituted under Section 8-A of the Act; (e) "Patron-in-Chief"
means the Chief Justice of the Chhattisgarh High Court; (f) "Stale
Authority" means the State Legal Services Authority constituted under
Section 6 of the Act; (g) "Taluk
Legal Services Committee" means a Taluk Legal Services Committee
constituted under Section 11-A of the Act; (h) Words and
expressions used in this scheme but not defined shall have the meaning
respectively assigned to them in the Act. (1) The
Member-Secretary of the State Authority or Secretary 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 organize Lok Adalat 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
sufficient number of cases referred to it under Section 20 of the Act or
otherwise are available for being taken up. (2) Intimation
to the Slate Authority.-(f) 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 organized and furnish the following information to the
State Authority,- (i) The place
and the date at which the Lok Adalat is proposed to be organized; (ii) Categories
and subject-wise nature of cases, viz. pending cases or pre-litigation
disputes, or both, proposed to be placed before the Lok Adalat; (iii) Number of
cases proposed to be brought before the Lok Adalat; (iv) Any other
information relevant to the convening and organizing of the Lok Adalat. The Secretary of the State Authority or Secretary, 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 organize
the Lok Adalat and 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. Explanation.-In pending matters, notice to the Counsel
may be treated as information to litigant. (1) At High
Court level.-The Secretary of the High Court Legal Services Committee
organizing the Lok Adalat shall with the approval of the Hon'ble Chief Justice
constitute Benches of Lok Adalat, each Bench comprising two or three
following,- (i) A sitting
or retired Judge of the High Court; (ii) A member
of the legal profession; and (iii) Any other
eminent person in the field of law or a social worker. (2) At
District level.-The Secretary of the District Authority organizing the Lok
Adalat shall with the approval of the Chairman constitute Benches of the Lok
Adalats each Bench comprising two or three of following,- (i) A sitting
or retired Judicial Officer; (ii) A member
of the legal profession; and (iii) Any other
eminent person in the field of law or a social worker. (3) At Taluk
level.-The Chairman of the Taluk Legal Services Committee organizing the Lok
Adalat shall constitute Benches of the Lok Adalats, each Bench comprising two
or three of following,- (i) A sitting
or retired Judicial Officer; (ii) A member
of the legal profession; and (iii) Any other
eminent person in the field or law or a social worker. (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 Section 20 of the Act from the concerned Courts. (2) If any
matter 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 Chairman of the District Authority or Chairman of
Taluk Legal Services Committee, as the case may be, to be placed before the Lok
Adalat. (3) The
Secretary, High Court Legal Services Committee or the Chairman of the District
Authority or Chairman of 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 to co-operate in transmission of the Court records. (5) The
judicial records shall be returned immediately after holding 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. (1) The
Secretary, High Court Legal Services Committee or the Chairman of the District
Authority or the Chairman of Taluk Legal Services Committee, as the case may
be, shall assign cases to the Benches of the Lok Adalat after obtaining orders
from the Chairman, as the case may be. (2) The
Secretary of the High Court Legal Services Committee or the Chairman of the
District Authority or the Chairman of Taluk Legal Services Committee, as the
case may be, may prepare a 'cause list' for each Bench of the Lok Adalat and
the same shall be duly notified to all the concerned. (3) Every
Bench of the Lok Adalat shall make sincere efforts to bring about a
conciliatory settlement in every case put before it without any duress, threat
or undue influence, allurement or misrepresentation. A Lok Adalat may be organized at such time and place, on
closed Saturdays, Sundays and Holidays as the State Authority, High Court Legal
Services Committee, District Authority, Taluk Legal Services Committee, as the
case may be, organizing the Lok Adalat deems appropriate. (1) Every
Award or order of the Lok Adalat shall be signed by the panel constituting the
Lok Adalat. (2) The
original award or order shall form part of the judicial records and a copy of
the award or order shall be given to each of the parties duly certified to be
true by the Bench of Lok Adalat. (1) Every
award or order of the Lok Adalat shall be categorical and lucid and shall be
written in the language used in the local Courts. (2) The
parties to the dispute shall be required to affix their signatures or. as the
case may be, thumb impression on the award or order of the Lok Adalat. At the conclusion of session of the Lok Adalat, the
Secretary, High Court Legal Services Committee or the Chairman of the District
Authority or the Chairman of Taluk Legal Services Committee, as the case may
be, shall compile the results in the Annexed proforma for submission to the
State Authority. (1) Every
Presiding Officer and member of the Bench of Lok Adalat shall be entitled to
conveyance allowance, as may be fixed by the Patron-in-Chief. (2) The
Presiding Officer and the Members of the Lok Adalats held at Taluk and District
Levels shall also be entitled to honorarium at such rates as may be fixed by
the Patron-in-Chief. (3) The
Presiding Officer and Members of the Lok Adalats at High Court Level shall also
be entitled to honorarium at such rates as may be fixed by the Patron-in-Chief. (1) The
Secretary of the High Court Legal Services Committee or the Chairman of the
District Authority or the Chairman of 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) Category
and subject-wise 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. (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 of 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 made out of the grants received by the High Court Legal Services
Committee and the District Authority and Taluk Legal Services Committee, as the
case may be. (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 on 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 account to the State Authority
every quarter. (3) The
Chairman of the Taluk Legal Services Committee, shall render true and proper
account to the District Authority every month. 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 grant
for convening and holding of Lok Adalats, if considered necessary,- (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 provide all assistance as may be necessary to the Lok Adalats. (2) Lok Adalats
shall be held in a non-ceremonial manner. [1] Notification
Sl. No. 2479/S.L.S.A./03, dated 27-12-2003, Published in C.G. Rajpatra, Part I,
dated 13-2-2004 at pp. 614-621.THE LOK ADALAT SCHEME, 2003
PREAMBLE
Scheme - 16.
Funding.