In exercise of the powers conferred by Section 28 of the Legal Service
Authorities Act, 1987 (39 of 1987) the State Government do hereby make the
following rules, namely : (1)
These rules may be called the Orissa Lok Adalat Rules, 1990. (2)
They shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint. ? In these rules, unless the context otherwise requires- (a)
"Act" means
the Legal Service Authorities Act, 1987 (39 of 1987); (b)
"Authority" means
the State Authority constituted under Section 6 or, as the code may be,
District Authority constituted under Section 9; (c)
"Chairman" means
the Chairman of the State Authority or, as the case may be, the Chairman of the
District Authority; (d)
"Form" means
a Form appended to these rules; (e)
"joint
application" means an application made jointly of severally by the
parties to a dispute to the Court or tribunal indicating their intention to
compromise the matter or to arrive at a settlement under Sub-section (1) of
Section 20; (f)
"member" means
a member of the Lok Adalat; (g)
"pending
cases" means suits or other proceedings pending before any Court or
tribunal; (h)
"pre-litigation
disputes" means disputes or matters referred to in Sub-section (2) of
Section 20 in respect of which suits or other proceedings have not been filed
in any Court or tribunal, (i)
"Secretary" means
the Member-Secretary of the State Authority or, as the case may be, the
Secretary of the, District Authority constituted under Sections 6 and 9
respectively; (j)
"section" means
a section of the Act; (k)
all other
words and expressions used in these rules and not defined in the Act shall have
the meanings respectively assigned to them in the Act. (1)
The Secretary shall initiate proposal to organise a Lok Adalat : Provided that no such proposal shall be initiated
unless there are at least thirty cases for settlement by a particular Lok
Adalat. (2)
After the proposal for holding a Lok Adalat referred to in, Sub-rule (1)
is approved by the Chairman, the Secretary shall endeavour to associate the
local Bar Association, social Organisation, social workers' charitable
institutions and other similar bodies and persons, if possible, with the
proposed Lok Adalat. The Secretary of the District Authority shall inform the State Authority
about the proposal; to organise the Lok Adalat at least fifteen days before the
date on which the Lok Adalat is proposed to be organised and furnish the
following informations to the State Authority, namely : (a)
the place
and the date on which the Lok Adalat is proposed to be organised; (b)
the bodies
and persons mentioned in Sub-rule (2) of Rule 3 those have agreed to associate
themselves, with the proposed Lok Adalat; (c)
funds to be
required for organising the proposed Lok Adalat; (d)
categories
of cases, such as pending cases or pre-litigation disputes or both, proposed to
be brought before the Lok Adalat; (e)
the nature
and number of cases proposed to be brought before the Lok Adalat; (f)
report on
the disposal of cases by previous Lok Adalats, if any, organised at the same
place; (g)
special
assistance, if any, required from the State Authority; and (h)
any other
information relevant to the Organisation of the Lok Adalat. After completing the formalities required for organising a Lok Adalat
mentioned in Rules 3 and 4, the Secretary shall ensure that- (a)
publicity is
given about the Lok Adalat in the particular area; (b)
circulars in
respect of the Lok Adalat being organised are issued to all offices of
Government, semi-Government, public undertakings and local bodies, Bar
Associations, social organisations, charitable institutions, situated in that
area, as far as practicable. (1)
The Secretary of the State Authority shall inform the High Court and the
Central Authority about the proposed Lok Adalat being organised and shall,
after the Lok Adalat is organised, send the number and nature of cases settled
at the Lok Adalat to the High Court and the Central Authority. (2)
The Secretary of the District Authority shall inform the State Authority
in advance about the proposed Lok Adalat being organised and after the Lok
Adalat is organised, he shall send the details of the cases settled at the Lok
Adalat to the State Authority. The cases brought before the Lok Adalat shall be categorised on the
basis of their nature, such as, pending cases or pre-litigation disputes and
further classified as civil, criminal, revenue, matrimonial or labour and the
like. (1)
The State, Authority or, as the, case may be, the District Authority may
seek the co-operation of the agencies mentioned in Sub-rule (2) of Rule 3 in
persuading the parties to settle their cases through Lok Adalats. (2)
Pamphlets giving information regarding the aims and objects as well as
method of working of Lok Adalats may be distributed to the people through the
Local Revenue Officers, Block Development Officers, Public Relations Officers,
Chairman of the Panchayat Samiti and Sarpanches of nearby Grama Panchayats, as
far as practicable. (1)
In case of pre-litigation disputes, any person may make an application
to the concerned District Authority mentioning the details of the dispute or
matter with full address of the parties for a compromise or settlement to be
approved at by the Lok Adalat in the disputes referred to under Sub-section (2)
of Section 20. (2)
When an application referred to in Sub-rule (1) is received by the
District Authority, an officer of the said Authority shall examine whether the
application is made by both the parties jointly and, where it is so made, the
Secretary shall, by letter, invite both the parties to remain present before
the Lok Adalat on the appointed date, time and place alongwith the necessary
papers and documents. (3)
Where an application is made by only one of the parties or by any other
person, a letter shall be issued to the other party or the parties concerned,
as the case may be, under the signature of the Secretary alongwith the copy of
the application inviting the party or parties, as the case may be, to appear on
the appointed date, time, place before the Secretary with necessary papers and
documents, if any, whereupon the Secretary shall, on perusal of the documents
and hearing the parties, if necessary, prepare a summary in respect of each
case and place the same before the Lok Adalat for disposal. (4)
Copy of the letter issued under Sub-rule (2) or Sub-rule (3), may be
endorsed to the every Revenue Officer and Sarpanch of the concerned locality
for the purpose of using their good offices in securing the presence of the
parties at the Lok Adalat. (1)
The state Authority or, as the case may be the District Authority shall
identify the cases which may be fit for being taken by the Lok Adalats and in
doing so, may seek the, co-operation of the concerned Court, tribunal and
members of the Bar, if necessary- (2)
After the cases are identified under Sub-rule (1) the parties to the
dispute may, by notice, be invited by the Secretary of the concerned Authority
to file a joint application before the concerned Court or tribunal, indicating
their intention to compromise the matter or to arrive at a settlement through
the Lok Adalat. (3)
Where any case is transferred to a Lok Adalat by any Court or tribunal,
the Secretary of the concerned Authority shall send notice to the parties to
attend the Lok Adalat on the date, time and place, specified in the notice. The Secretary shall arrange to prepare- (a)
a summary in
respect of each case as referred to in Sub-rule (3) of Rule 9 for being placed
before the Lok Adalat alongwith the records of the cases transferred under
Sub-section (1) of Section 20 for settlement ; and (b)
a final list
of pending cases as well as pre-litigation disputes to be referred to the Lok
Adalat and have the same displayed at a conspicuous place where the Lok Adalat
is being organised. The Lok Adalat shall be organised in the premises of public
institutions, such as, schools, colleges and Courts or at any other public
place as may be decided by the Chairman. (1)
Unless otherwise determined by the Chairman, the working hours of a Lok
Adalat shall be from 10-00 A.M. to 5.00 P.M. with a convenient lunch break. (2)
The Lok Adalat shall ordinarily be organised on Sundays or holidays,
unless otherwise decided by the Chairman. Every award of the Lok Adalat shall be written in the language used in
the local Courts. No fees shall be payable by the parties in respect of cases brought
before a Lok Adalat and tribunals. The Secretary of the Authority concerned shall be and tribunal responsible
for- (a)
the safe
custody of the records of the Authority including the case files received from
the Courts and tribunals and their return to the concerned Courts and tribunals
alongwith the records of the Lok Adalat and its awards; and (b)
submission
of the records of the Lok Adalat in pre-litigation disputes alongwith the
awards of Lok Adalat to the Office of the District Judge for purposes of
record. (1)
Every Lok Adalat shall consist of- (a)
a Presiding Officer,
who shall be a serving Judicial Officer of the area not below the rank of a
Chief Judicial Magistrate or a retired District Judge or a retired Judge of the
High Court, as may be specified by the Chairman of the concerned Authority ;
and (b)
not exceeding
two other members, to be nominated by the Chairman of the Authority concerned,
from amongst the following, namely: (c)
Retired
Judicial Officers; (d)
Advocates; (e)
Teachers; (f)
Social
workers; (g)
Persons of
social repute Provided that no person who is involved in any litigation shall be
nominated as a member under this clause. (2)
If for any reason, a member of the Lok Adalat remains absent or is
unable to function as such, the Chairman of the Authority concerned may
nominate any other eligible person in place of such member. (1)
As far as possible, separate Lok Adalats shall be constituted for
separate class of cases. (2)
The Lok Adalat dealing with matrimonial matters shall, as far as
possible, have one lady member. The Lok Adalat shall be open to the public;
provided that the Presiding Officer of the Lok Adalat may, in exceptional
cases, decide to hold its proceedings in camera. Every award of the Lok Adalat shall be signed by
the Presiding Officer and the member or members, as the case may be, of the Lok
Adalat and a copy of the said award shall be given to each of the parties, the
original being kept on the record of the case. The Authority organising the Lok Adalat may make
arrangements for serving refreshments to guests, members of the Lok Adalat,
Officers and other employees of Authority and others participating or assisting
the Lok Adalat. Members of the Lok Adalat including the Presiding
Officer shall not be paid any remuneration for services rendered as such member
of Presiding Officer. The concerned authority shall, however, pay to them
travelling allowance and daily allowance as may be admissible to the highest
category of Grade I Officers of the Government under the Orissa Travelling
Allowances Rules and a sumptuary allowance of rupees fifty per each Lok Adalat. The period spent by officers and staff in
connection with the Organisation of a Lok Adalat shall be treated as on duty. AII officers and staff required to travel away from
their respective headquarters in connection with Lok Adalat shall be entitled
to travelling allowance and daily allowance as may be admissible to them under
the Orissa Travelling Allowances Rules and shall draw such allowance from their
respective offices.The Orissa Lok Adalat Rules, 1990