Unit-5
Introduction
Justice - social, economic and political - is our constitutional pledge enshrined in the
Preamble of our Constitution. The incorporation of Article 39-A in the Directive Principles of
state Policy in the year 1976, enjoined upon the state to ensure justice on the basis of equal
opportunity by providing free legal aid. In India, concern for legal aid to the poor and to the
needy is continuously on the rise. Legal assistance and free legal advice are the only way to
guarantee equal protection of la) to the poor. In a developing country like India where a
majority of the population is unable to protect its interests, it is the duty of the state to
enable the poor to secure their legal rights. The courts are used by the access to the justice
system. Added to this is the fact that our judiciary is overworked. This aspect is increasingly
being a point of concern.
Delay in disposal of cases by the judiciary further increases the cost of litigation. Alternate
Dispute redressal mechanisms are therefore being emphasized upon. The fact of the
matter is that mere existence of laws does not guarantee the enjoyment of those rights by
the citizens. Free legal aid system is a step towards enforcement of those rights. The Legal
Services Authorities Act, 1987 provided the statutory support in this direction. It also sought
to provide a uniform pattern to these legal services all over India. It came into effect from
9th November 1995.
Origin And Scope of Legal Services Authorities Act
The Legal Services Authorities Act, 1987, was enacted by the Central Government of India
pursuant to Article 39-A of the Constitution of India and the recommendations of its
committees. The Legal Services Authority Act, of 1987 came into effect on 9th November
1995, following the Amendment Act of 1994, which introduced several amendments to the
main Act. According to this Act, the economically weak, the backward, and the disabled are
eligible to receive legal aid. In 1971, Justice [Link] introduced the legal aid scheme,
which was overseen by the Legal Aid Committee. On 5th December 1995, the National Legal
Services Authority was established by Justice R.N. Mishra, which was an important
contribution to the implementation of the Act.
There are different levels of legal aid, including provisions for legal assistance to illiterate,
poor, and physically challenged individuals who are unable to access the courts due to their
ignorance of the law or financial limitations. Anyone who qualifies for legal aid
under Section 12 of the Act, may obtain legal assistance under the Act. The National Legal
Service Day (NLSD) was declared on November 9, 2009, the day the law came into force. As
stated under the Act, the legal aid is to be provided by the State, District, and Taluk Legal
Service Authorities/Commissions formed throughout the country in order to bring about a
re-dedication to ensure equality of opportunity and fairness to all individuals. Through its
various forms of legal assistance, the NLSD promotes equal opportunity and justice for all
citizens.
The Act envisions that no one will be denied access to justice because of disability or
economic reasons, and aims to educate the public about the law, offer free legal aid, and
establish Lok Adalats. As a result of the creation of Lok Adalats, the process of dispensing
justice has been revolutionized in the country. There remains a large number of pending
cases in the courts of the country. A number of measures have already been taken by the
government to reduce the number of pending cases. In addition to providing a
supplementary forum for conciliatory settlements, the plan achieved success in providing an
additional forum for litigants.
Reasons for Implementing LSA Act in India
I. Constitutional Commitment: Our Constitution which is wedded to democracy,
socialism, secularism, equality of status and equal protection of laws, legal aid for
weaker sections is a social obligation and constitutional mandate. It is, therefore,
essential to provide legal advice and representation to all those, threatened as to
their life, liberty, property or reputation, who are not able to pay for it.
II. Lack of legal awareness: In India, a large number of people are illiterate. They do not
understand laws. Ignorance about laws drags them towards legal troubles for many a
time as they are unable to anticipate and prevent the occurrence of legal problems. It
remains the duty of the government to render free legal service to the people.
III. Legal consultation is expensive: Since common people do not understand laws and
legal proceedings, they need to consult legal experts. Ignorance of the poor people
enables the lawyers to charge fees as they wish. Low level of legal awareness also
impedes access to justice.
IV. Delay in disposal of cases: Increasing backlog and delay in disposal of cases has
become a genuine problem. The more time it takes, more is the cost of litigation.
V. Legislative Attempt: Significant thrust in this direction came in seventies and eighties
when civil rights and civil liberties became a matter of major concern in India. The
miseries of people entangled in legal process, deprivation of personal liberties and
injustices meted out to the people in jails and lockups made the demand for civil
liberties so powerful that it could not be ignored any longer.
VI. Judicial Contribution: In 1979, the Supreme Court in Hussainara Khatoon v. State of
Bihar AIR 1979 SC 1360 held that free legal aid is implicit in the guarantee of Article
21 and Article 14. Two years later in Khatri v. State of Bihar AIR 1981 SC 928 while
referring to apex court's mandate in the Hussainara Khatoon case reiterated that the
State cannot deprive its citizens their constitutional rights on grounds of lack of funds
or poverty.
Main Features of LSA Act, 1987
I. To provide speedy Justice at no Cost: As discussed above In India the judicial system
In India is as such its not easily to all especially to the weaker section of the society
therefore to ensure that they should not b deprived of their basic right of justice the
act was enacted.
II. Saving from the Lengthy Court Procedure: The evolution of ADR in India was
necessitated because of the huge amount of pendency of cases where the justice
somewhere ceases to be denied coz of the delay in the judicial process.
III. Solving the Problem of Backlog of cases: Due to the heavy pendency of cases there
appeared dearth of justice in the judicial process the system of Lok Adalat, which is
an innovative mechanism for alternate dispute resolution, has proved effective for
resolving disputes in a spirit of conciliation outside the Courts. The lok Adalats has
been described in Chapter VI of LSA Act from section 19-22 in which the organization,
powers and awards given by such adalats are described.
IV. Prescribes the Criteria for Legal Services: Under Chapter IV of the Act, Section 12
prescribes the criteria for giving legal services in the following persons are entitles to
legal services under this act:
(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
(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
higher amount as may be prescribed by the Central Government, if the case is before
the Supreme Court.
V. Provisions for Legal Service Authorities: There are three Authorities as contemplated
by the Legal Service Authorities Act, 1987. They are National Legal Services Authority
(CHAPTER II
Section 3), State Legal Services Authority (CHAPTER III Section 6), and District Legal
Services Authority (Section 9).
(I) NALSA being the Central Authority is ordained to lay down the policies and
principles to be implemented for whole of the country. NALSA has to coordinate the
activities of the State Legal Services Authorities for leading to the ultimate objective
envisioned in Articles 14, 21, & 39-A of the Constitution of India.
(II) It is the duty of the State Authority to give effect to the policy and directions of
the Central Authority. Providing legal service to persons mentioned under Sec.12, to
settle the disputes pre litigation stage conduct Lok Adalats, to plan and organize legal
aid programmes are the fiinctions among others.
(III) It is the duty of every district authority to perform such functions of the state
authority in the district as they may be delegated to it from time to time. Co-ordinate
the activities of the Taluk Legal Services Committee and other legal service in the
district, to organize Lok Adalats are some of the functions of the authority.
VI. Providing legal aid and assistance: Section 13 of the act defines about the
entitlement of legal services. According to the act, 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. 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.
VII. Organization of Lok Adalat: Sec.19-22 of Legal Services Authorities Act 1987 talks
about the LOK Adalats , LSA also provides for establishment of permanent and
continuous Lok Adalats in all districts for disposal of pending matters, disputes at the
pre-litigative stage and also establish permanent and continuous Lok Adalats for
Government Departments, Statutory Authorities and Public Sector for speedy
disposal of the pending cases, disputes at the pre-litigative stage.
VIII. Reference of Cases referred to Lok Adalat: Section 19(5) defines the reference of
cases to lok adalat which states that 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.
IX. Establishment of Permanent Lok Adalat: The Legal Services Authorities Act, 1987
was amended to set up Permanent Lok Adalat for providing compulsory pre-litigative
mechanism for conciliation and Settlement of cases relating to public utility services.
Section 22A – 22E deals with the provisions related to the permanent lok Adalat.
THE NATIONAL LEGAL SERVICES AUTHORITY (NALSA)
Introduction
The National Legal Services Authority (NALSA) is a statutory body constituted under the
Legal Services Authorities Act, 1987. It was established to provide free and competent
legal services to weaker sections of society so that justice is not denied to any citizen
because of poverty, disability, or other disadvantages. It also works to organize Lok Adalats
for speedy and amicable settlement of disputes. NALSA is the apex body at the national
level for implementing legal aid programmes in India.
Section 3 – Constitution of the National Legal Services Authority
Section 3 of the Legal Services Authorities Act, 1987 provides for the establishment of the
National Legal Services Authority (NALSA) by the Central Government. This body is created
to exercise the powers and perform the functions assigned to the Central Authority under
the Act. Its main purpose is to ensure free legal aid and equal access to justice for all
citizens.
The composition of the Authority is specifically mentioned in the Act. The Chief Justice of
India is the Patron-in-Chief of the Authority. A serving or retired Judge of the Supreme
Court, nominated by the President in consultation with the Chief Justice of India, acts as the
Executive Chairman. In addition, other members possessing the prescribed qualifications
and experience are nominated by the Central Government in consultation with the Chief
Justice of India.
The Central Government also appoints a Member-Secretary in consultation with the Chief
Justice of India. The Member-Secretary performs powers and duties under the supervision
of the Executive Chairman and helps in the administration of the Authority.
The terms of office and service conditions of the members and Member-Secretary are
determined by the Central Government in consultation with the Chief Justice of India. The
Authority may also appoint officers and employees for the efficient discharge of its
functions, whose salaries and allowances are prescribed by the Government.
All administrative expenses of the Authority, including salaries, allowances, and pensions,
are paid out of the Consolidated Fund of India. Orders and decisions of the Authority are
authenticated by the Member-Secretary or any authorised officer. Further, no act or
proceeding of the Authority becomes invalid merely because of any vacancy or defect in its
constitution.
2(aa) “Central Authority” means the National Legal Services Authority constituted under
section 3.
Section 4 – Functions of the Central Authority
Section 4 of the Legal Services Authorities Act, 1987 lays down the functions of the Central
Authority, namely the National Legal Services Authority (NALSA). The Authority is entrusted
with the responsibility of promoting free legal aid and ensuring equal access to justice for all
citizens, especially weaker sections of society.
The Central Authority lays down policies and principles for making legal services available
under the Act. It also frames the most effective and economical schemes for implementing
legal aid programmes throughout the country. Further, it utilizes the funds placed at its
disposal and allocates appropriate funds to the State Authorities and District Authorities for
carrying out their functions.
It is empowered to take necessary steps through social justice litigation in matters relating
to consumer protection, environmental protection, and other issues affecting weaker
sections of society. For this purpose, it may also train social workers in legal skills. The
Authority organizes legal aid camps, especially in rural areas, slums, and labour colonies, to
educate people about their rights and to encourage settlement of disputes through Lok
Adalats.
The Central Authority encourages settlement of disputes through negotiation, arbitration,
and conciliation. It also undertakes and promotes research in the field of legal services,
particularly regarding the needs of poor and disadvantaged persons. It takes steps to
promote commitment to the fundamental duties of citizens under Part IVA of the
Constitution.
Another important function is to monitor and evaluate the implementation of legal aid
programmes at regular intervals. It may also provide grants-in-aid for specific schemes to
voluntary social service institutions and State or District Authorities.
Further, in consultation with the Bar Council of India, it develops programmes for clinical
legal education and supervises legal services clinics in universities and law colleges. It
spreads legal literacy and legal awareness among the people, especially weaker sections,
regarding their legal rights and benefits under welfare laws.
Lastly, the Central Authority coordinates and monitors the functioning of State Authorities,
District Authorities, Supreme Court Legal Services Committee, High Court Legal Services
Committees, Taluk Legal Services Committees, voluntary institutions, and other legal
services organizations, and gives directions for proper implementation of legal services
programmes.
Section 29 – Power of Central Authority to Make Regulations
Section 29 empowers the Central Authority to make regulations by notification, provided
such regulations are consistent with the provisions of the Act and the rules made under it.
These regulations may be framed for all matters for which provision is necessary or
expedient to effectively implement the purposes of the Act.
In particular, and without limiting the general power, the Central Authority may make
regulations regarding the powers and functions of the Supreme Court Legal Services
Committee under section 3A(1). It may also prescribe the terms of office and other related
conditions of the members and the Secretary of the Supreme Court Legal Services
Committee under section 3A(4).
STATE LEGAL SERVICES AUTHORITY
constitution of a State Legal Services Authority
Section 6 provides for the constitution of a State Legal Services Authority by every State
Government to exercise the powers and perform the functions assigned to it under the Act.
The State Authority consists of the Chief Justice of the High Court as the Patron-in-Chief, a
serving or retired Judge of the High Court nominated by the Governor in consultation with
the Chief Justice as the Executive Chairman, and such other members having prescribed
qualifications and experience as may be nominated by the State Government in
consultation with the Chief Justice.
The State Government, in consultation with the Chief Justice of the High Court, shall
appoint a person from the State Higher Judicial Service, not below the rank of District Judge,
as the Member-Secretary of the State Authority. The Member-Secretary shall exercise
powers and perform duties under the Executive Chairman as prescribed or assigned. A
person serving as Secretary of a State Legal Aid and Advice Board immediately before the
constitution of the Authority may also be appointed as Member-Secretary for a period not
exceeding five years, even if otherwise not qualified.
The terms of office and service conditions of the members and Member-Secretary shall be
prescribed by the State Government in consultation with the Chief Justice. The Authority
may appoint officers and employees necessary for efficient functioning, whose salaries,
allowances, and service conditions shall also be prescribed similarly.
The administrative expenses of the State Authority, including salaries, allowances, and
pensions of the Member-Secretary, officers, and employees, shall be paid out of the
Consolidated Fund of the State. All orders and decisions of the Authority shall be
authenticated by the Member-Secretary or any authorized officer. Further, no act or
proceeding of the Authority shall be invalid merely because of any vacancy or defect in its
constitution.
the functions of the State Legal Services Authority
Section 7 lays down the functions of the State Legal Services Authority. Its primary duty is to
give effect to the policies and directions issued by the National Legal Services Authority,
referred to as the Central Authority under the Act.
Without prejudice to this general duty, the State Authority shall provide legal services to
persons who satisfy the eligibility criteria prescribed under the Act. It shall also conduct Lok
Adalats, including Lok Adalats for cases pending before the High Court.
Further, the State Authority is required to undertake preventive and strategic legal aid
programmes in order to promote access to justice and legal awareness. It may also perform
such other functions as may be fixed by regulations in consultation with the Central
Authority.
Power of State Authority to make regulations.
Section 29A empowers the State Legal Services Authority to make regulations by
notification, provided such regulations are consistent with the provisions of the Act and the
rules made under it. These regulations may be framed for all matters where provision is
necessary or expedient for effectively carrying out the purposes of the Act.
In particular, and without limiting this general power, the State Authority may make
regulations regarding additional functions to be performed by the State Authority under
section 7(2)(d). It may also prescribe the powers and functions of the High Court Legal
Services Committee, the number, experience, and qualifications of its members, and the
terms of office and service conditions of its members and Secretary under section 8A.
Further, the State Authority may regulate the terms of office and service conditions of the
members and Secretary of the District Legal Services Authority under section 9(4), prescribe
other functions to be performed by the District Authority under section 10(2)(c), and
determine the terms of office and service conditions of members and Secretary of the Taluk
Legal Services Committee under section 11A(3).
District Legal Services Authority
Section 9 provides for the constitution of a District Legal Services Authority in every district
by the State Government, in consultation with the Chief Justice of the High Court, to
exercise the powers and perform the functions assigned under the Act. The District
Authority consists of the District Judge as its Chairman and such other members possessing
prescribed qualifications and experience as may be nominated by the State Government in
consultation with the Chief Justice of the High Court.
The State Authority, in consultation with the Chairman of the District Authority, shall
appoint a person from the State Judicial Service not below the rank of Subordinate Judge or
Civil Judge posted at the district headquarters as Secretary of the District Authority. The
Secretary shall exercise powers and perform duties under the Chairman as assigned by him.
The terms of office and service conditions of the members and Secretary shall be
determined by regulations made by the State Authority in consultation with the Chief
Justice of the High Court. The District Authority may also appoint officers and employees
necessary for efficient discharge of its functions, whose salaries, allowances, and service
conditions shall be prescribed by the State Government in consultation with the Chief
Justice.
The administrative expenses of every District Authority, including salaries, allowances, and
pensions of the Secretary, officers, and employees, shall be paid out of the Consolidated
Fund of the State. All orders and decisions of the District Authority shall be authenticated by
the Secretary or any duly authorized officer. Further, no act or proceeding of the District
Authority shall be invalid merely because of any vacancy or defect in its constitution.
functions of the District Legal Services Authority
Section 10 lays down the functions of the District Legal Services Authority. Its primary duty
is to perform such functions of the State Legal Services Authority within the district as may
be delegated to it from time to time by the State Authority.
Without prejudice to this general duty, the District Authority may coordinate the activities
of the Taluk Legal Services Committee and other legal services institutions functioning in the
district. It is also empowered to organize Lok Adalats within the district for amicable
settlement of disputes.
Further, the District Authority may perform such other functions as may be prescribed by
regulations made by the State Authority.
LOK ADALAT
INTRODUCTION
The resolution of disputes through the system of “panchayat” has conceptualized and
institutionalized in the philosophy of Lok Adalat. It is an alternative to the normal procedure
of litigation and was introduced as a part of the strategy to relieve heavy burden on the
Courts with pending cases and to give relief to the litigants.
The first Lok Adalat was held on March 14, 1982, at Junagarh in Gujarat. Maharashtra
commenced the Lok Nyayalaya in 1984.
The Legal Services Authorities Act, 1987 gave a statutory status to Lok Adalats, pursuant to
the constitutional mandate in Article 39-A of the Constitution of India. It constitutes legal
services authorities to provide free and competent legal services to the weaker sections of
the society.
Organization of Lok Adalats
Section 19 provides for the organisation of Lok Adalats. It states that every State Legal
Services Authority, District Legal Services Authority, Supreme Court Legal Services
Committee, High Court Legal Services Committee, or Taluk Legal Services Committee may
organise Lok Adalats at such intervals and places, and for exercising such jurisdiction and
areas, as it considers appropriate.
Every Lok Adalat organised for an area shall consist of such number of serving or retired
judicial officers and other persons from that area as may be specified by the authority or
committee organising it. The experience and qualifications of the other persons for Lok
Adalats organised by the Supreme Court Legal Services Committee shall be prescribed by
the Central Government in consultation with the Chief Justice of India. For other Lok
Adalats, such qualifications shall be prescribed by the State Government in consultation
with the Chief Justice of the High Court.
Jurisdiction * Section 19(5)
A Lok Adalat has jurisdiction to determine disputes and bring about compromise or
settlement between parties in respect of cases pending before a court, or matters falling
within the jurisdiction of a court but not yet filed before it, for which the Lok Adalat is
organised. However, a Lok Adalat has no jurisdiction over cases or matters relating to
offences that are non-compoundable under any law.
cognizance of cases by Lok Adalats
Section 20 deals with the cognizance of cases by Lok Adalats. Where a case pending before
a court falls under section 19(5)(i), the court may refer it to a Lok Adalat if both parties
agree, or if one party applies for such reference and the court is prima facie satisfied that
there are chances of settlement, or if the court itself considers the matter appropriate for
settlement by Lok Adalat. However, before referring a case on the application of one party
or on its own satisfaction, the court must give the parties a reasonable opportunity of being
heard.
In matters falling under section 19(5)(ii), that is, disputes not yet brought before a court but
within its jurisdiction, the Authority or Committee organising the Lok Adalat may, upon
receiving an application from one party, refer the matter to the Lok Adalat for
determination. Such reference can be made only after giving the other party a reasonable
opportunity of being heard.
Once a case or matter is referred, the Lok Adalat shall proceed to dispose of it by attempting
to arrive at a compromise or settlement between the parties. While doing so, it must act
with utmost expedition and be guided by the principles of justice, equity, fair play, and
other legal principles.
If no compromise or settlement is reached in a case referred by a court, the Lok Adalat shall
return the record to the referring court, which will then continue the case from the stage at
which it was referred. If no settlement is reached in a pre-litigation matter referred directly
to the Lok Adalat, it shall advise the parties to seek appropriate remedy before a court.
Award of LOK ADALAT
Section 21 provides for the award of a Lok Adalat. Every award passed by a Lok Adalat is
deemed to be a decree of a civil court or, as the case may be, an order of any other
competent court. Where a compromise or settlement is reached in a case referred to the
Lok Adalat under section 20(1), the court fee paid in such case shall be refunded in the
manner provided under the Court-fees Act, 1870.
Every award made by a Lok Adalat is final and binding on all the parties to the dispute. No
appeal shall lie before any court against such an award.
Powers of a Lok Adalat or Permanent Lok Adalat
Section 22 lays down the powers of a Lok Adalat or Permanent Lok Adalat. For the purpose
of determining disputes under the Act, they possess the same powers as a Civil Court under
the Code of Civil Procedure, 1908 while trying a suit. These powers include summoning and
enforcing the attendance of witnesses and examining them on oath, discovery and
production of documents, receiving evidence on affidavits, requisitioning public records or
copies from any court or office, and such other matters as may be prescribed.
Without prejudice to these powers, every Lok Adalat or Permanent Lok Adalat also has the
authority to determine and regulate its own procedure for deciding disputes brought before
it.
All proceedings before a Lok Adalat or Permanent Lok Adalat are deemed to be judicial
proceedings within the meaning of relevant provisions of the Indian Penal Code, 1860
relating to offences such as giving false evidence or insulting a public servant during
proceedings. Further, every Lok Adalat or Permanent Lok Adalat is deemed to be a Civil
Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure,
1973.
PERMANENT LOK ADALATS
Permanent Lok Adalat is organized under Section 22-B of The Legal Services
Authorities Act, 1987.
Composition
✓ Permanent Lok Adalats have been set up as permanent bodies with a Chairman (a
person who is or has been a District Judge or Additional District Judge or has held
a judicial office higher in rank than that of a District Judge) and,
✓ Two members (having experience in Public Utility Service to be nominated by
Central Government on the recommendation of Central Authority and by the State
Government on the recommendation of the State Authority).
The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate,
taking into account the circumstances of the case, wishes of the parties like requests to hear
oral statements, speedy settlement of dispute etc. Procedure same as Lok Adalat.
The award of the Permanent Lok Adalat is final and binding upon the parties.
the cognizance of cases by a Permanent Lok Adalat
Section 22C deals with the cognizance of cases by a Permanent Lok Adalat. It provides that
any party to a dispute may, before the dispute is brought before any court, make an
application to the Permanent Lok Adalat for settlement of the dispute.
Jurisdiction
However, it has no jurisdiction in matters relating to non-compoundable offences or where
the value of the property in dispute exceeds ten lakh rupees, though the Central
Government may increase this monetary limit by notification in consultation with the
Central Authority.
Once an application is made, no party can approach any court regarding the same dispute.
After receiving the application, the Permanent Lok Adalat shall direct each party to file
written statements containing facts of the dispute, issues involved, and grounds relied upon,
along with supporting documents and evidence. Copies of such statements and documents
must be supplied to the opposite party. It may also require additional statements at any
stage and shall communicate documents received from one party to the other to enable a
proper reply.
After completion of pleadings, the Permanent Lok Adalat shall conduct conciliation
proceedings in an appropriate manner considering the circumstances of the dispute. During
such proceedings, it must assist the parties independently and impartially to reach an
amicable settlement. Every party is bound to cooperate in good faith and comply with
directions for producing evidence or documents.
If the Permanent Lok Adalat finds elements of settlement acceptable to the parties, it may
formulate possible terms of settlement and place them before the parties for observations.
If the parties agree, they shall sign the settlement agreement, and the Permanent Lok
Adalat shall pass an award in those terms and provide copies to the parties.
If the parties fail to reach a settlement, the Permanent Lok Adalat shall, provided the
dispute does not relate to any offence, proceed to decide the dispute on merits.