Legal Service Authorities Act One Liner Notes
Legal Service Authorities Act One Liner Notes
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| THE LEGAL SERVICES AUTHORITIES ACT, 1987 | |
| PREAMBLE | |
| What is the subject matter of the Legal Services Authorities Act, 1987? | Constitution of legal services authorities, provision of free and competent legal services to weaker sections of society, and organisation of Lok Adalats. |
| What is the Act number of the Legal Services Authorities Act, 1987? | Act No. 39 of 1987. |
| When did the Legal Services Authorities Act, 1987 receive assent? | 11th October, 1987. |
| What is the primary object of constituting legal services authorities under the Act? | To provide free and competent legal services to the weaker sections of society. |
| What is the purpose of providing free and competent legal services under the Act? | To ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. |
| What is the purpose of organising Lok Adalats under the Act? | To secure that the operation of the legal system promotes justice on a basis of equal opportunity. |
| In which year of the Republic of India was the Legal Services Authorities Act, 1987 enacted? | Thirty-eighth Year of the Republic of India. |
| CHAPTER-I | |
| PRELIMINARY | |
| What is the subject matter of Section 1? | Short title, extent and commencement. |
| What is the short title of the Act? | The Legal Services Authorities Act, 1987. |
| What is the extent of the Legal Services Authorities Act, 1987? | The whole of India. |
| Who may appoint the date for commencement of the Act? | The Central Government, by notification. |
| How is the commencement date of the Act appointed? | By notification issued by the Central Government/ |
| What is the date of commencement f the Act? | 9th November, 1995 |
| For whom may different commencement dates be appointed under the Act? | For different provisions of the Act and for different States. |
| How is any reference to commencement in any provision of the Act, in relation to a State, to be construed? | As a reference to the commencement of that provision in that State. |
| What is the subject matter of Section 2? | Definitions. |
| What is included within the definition of “case”? | A suit or any proceeding before a court. |
| What is meant by “Central Authority”? | The National Legal Services Authority constituted under Section 3. |
| What is meant by “court”? | A civil, criminal or revenue court, and includes any tribunal or other authority constituted under any law for the time being in force to exercise judicial or quasi-judicial functions. |
| What is meant by “District Authority”? | A District Legal Services Authority constituted under Section 9. |
| What is meant by “High Court Legal Services Committee”? | A High Court Legal Services Committee constituted under Section 8A. |
| What is included within the definition of “legal service”? | Rendering any service in the conduct of any case or other legal proceeding before any court, other authority or tribunal, and giving advice on any legal matter. |
| What is meant by “Lok Adalat”? | A Lok Adalat organised under Chapter VI. |
| What is meant by “notification”? | A notification published in the Official Gazette. |
| What is meant by “prescribed”? | Prescribed by rules made under the Act. |
| What is meant by “regulations”? | Regulations made under the Act. |
| What is meant by “scheme”? | Any scheme framed by the Central Authority, State Authority or District Authority for giving effect to any provision of the Act. |
| What is meant by “State Authority”? | A State Legal Services Authority constituted under Section 6. |
| What is included within the expression “State Government”? | The administrator of a Union territory appointed by the President under Article 239 of the Constitution. |
| What is meant by “Supreme Court Legal Services Committee”? | The Supreme Court Legal Services Committee constituted under Section 3A. |
| What is meant by “Taluk Legal Services Committee”? | A Taluk Legal Services Committee constituted under Section 11A. |
| How is a reference to any other enactment or provision thereof construed where that enactment or provision is not in force in an area? | As a reference to the corresponding law or relevant provision of the corresponding law, if any, in force in that area. |
| CHAPTER-II | |
| THE NATIONAL LEGAL SERVICES AUTHORITY | |
| What is the subject matter of Section 3? | Constitution of the National Legal Services Authority. |
| Who shall constitute the National Legal Services Authority? | The Central Government. |
| What is the purpose for constituting the National Legal Services Authority? | To exercise the powers and perform the functions conferred on, or assigned to, the Central Authority under the Act. |
| What is the National Legal Services Authority called under the Act? | The National Legal Services Authority. |
| Who shall be the Patron-in-Chief of the Central Authority? | The Chief Justice of India. |
| Who shall be the Executive Chairman of the Central Authority? | A serving or retired Judge of the Supreme Court nominated by the President in consultation with the Chief Justice of India. |
| Who nominates the Executive Chairman of the Central Authority? | The President, in consultation with the Chief Justice of India. |
| Who may be nominated as the Executive Chairman of the Central Authority? | A serving or retired Judge of the Supreme Court. |
| Who shall nominate the other members of the Central Authority? | The Central Government. |
| With whom shall the Central Government consult while nominating other members of the Central Authority? | The Chief Justice of India. |
| What qualifications and experience shall the other members of the Central Authority possess? | Such experience and qualifications as may be prescribed by the Central Government. |
| How many other members may constitute the Central Authority? | Such number as may be prescribed by the Central Government. |
| Who shall appoint the Member-Secretary of the Central Authority? | The Central Government. |
| With whom shall the Central Government consult while appointing the Member-Secretary? | The Chief Justice of India. |
| What experience and qualifications must the Member-Secretary possess? | Such experience and qualifications as may be prescribed by the Central Government. |
| Under whose authority shall the Member-Secretary exercise powers and perform duties? | Under the Executive Chairman of the Central Authority. |
| What powers and duties shall the Member-Secretary exercise and perform? | Such powers and duties as may be prescribed by the Central Government or assigned by the Executive Chairman. |
| Who may assign powers and duties to the Member-Secretary? | The Executive Chairman of the Central Authority. |
| Who prescribes the terms of office and other conditions relating to the members and Member-Secretary of the Central Authority? | The Central Government. |
| With whom shall the Central Government consult while prescribing the terms of office and other conditions? | The Chief Justice of India. |
| What is the subject matter of Section 3(5)? | Appointment of officers and other employees of the Central Authority. |
| Who may appoint officers and other employees of the Central Authority? | The Central Authority. |
| How many officers and other employees may be appointed by the Central Authority? | Such number as may be prescribed by the Central Government. |
| With whom shall the Central Government consult while prescribing the number of officers and other employees? | The Chief Justice of India. |
| For what purpose may officers and other employees be appointed by the Central Authority? | For the efficient discharge of its functions under the Act. |
| What is the subject matter of Section 3(6)? | Salary, allowances and conditions of service of officers and other employees. |
| What salary and allowances shall the officers and other employees of the Central Authority receive? | Such salary and allowances as may be prescribed by the Central Government. |
| What other conditions shall apply to the service of officers and other employees of the Central Authority? | Such other conditions of service as may be prescribed by the Central Government. |
| With whom shall the Central Government consult while prescribing the salary, allowances and other conditions of service? | The Chief Justice of India. |
| What is the subject matter of Section 3(7)? | Defrayal of administrative expenses of the Central Authority. |
| From what fund shall the administrative expenses of the Central Authority be defrayed? | The Consolidated Fund of India. |
| What expenses of the Central Authority shall be defrayed out of the Consolidated Fund of India? | Administrative expenses, including salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the Central Authority. |
| What is the subject matter of Section 3(8)? | Authentication of orders and decisions of the Central Authority. |
| By whom shall orders and decisions of the Central Authority be authenticated? | The Member-Secretary or any other officer duly authorised by the Executive Chairman. |
| Who may authorise an officer to authenticate orders and decisions of the Central Authority? | The Executive Chairman of the Central Authority. |
| What is the subject matter of Section 3(9)? | Validity of acts and proceedings despite vacancy or defect in constitution. |
| When shall an act or proceeding of the Central Authority not be invalid merely on the ground of a vacancy? | When there is a vacancy in the Central Authority. |
| When shall an act or proceeding of the Central Authority not be invalid merely on the ground of a defect? | When there is any defect in the constitution of the Central Authority. |
| What is the legal effect of a vacancy in or defect in the constitution of the Central Authority? | No act or proceeding shall be invalid merely on that ground. |
| What is the subject matter of Section 3A? | Supreme Court Legal Services Committee. |
| Who shall constitute the Supreme Court Legal Services Committee? | The Central Authority. |
| What is the purpose of constituting the Supreme Court Legal Services Committee? | To exercise such powers and perform such functions as may be determined by regulations made by the Central Authority. |
| Who determines the powers and functions of the Supreme Court Legal Services Committee? | The Central Authority by regulations. |
| Who shall be the Chairman of the Supreme Court Legal Services Committee? | A sitting Judge of the Supreme Court. |
| How many other members shall the Supreme Court Legal Services Committee consist of? | Such number as may be prescribed by the Central Government. |
| What experience and qualifications shall the other members of the Supreme Court Legal Services Committee possess? | Such experience and qualifications as may be prescribed by the Central Government. |
| Who shall nominate the other members of the Supreme Court Legal Services Committee? | The Chief Justice of India. |
| Who shall appoint the Secretary to the Supreme Court Legal Services Committee? | The Chief Justice of India. |
| What experience and qualifications must the Secretary to the Committee possess? | Such experience and qualifications as may be prescribed by the Central Government. |
| Who determines the terms of office and other conditions relating to the members and Secretary of the Committee? | The Central Authority by regulations. |
| Who may appoint officers and other employees of the Supreme Court Legal Services Committee? | The Committee. |
| How many officers and other employees may be appointed by the Committee? | Such number as may be prescribed by the Central Government. |
| With whom shall the Central Government consult while prescribing the number of officers and other employees of the Committee? | The Chief Justice of India. |
| For what purpose may the Committee appoint officers and other employees? | For the efficient discharge of its functions. |
| What salary and allowances shall the officers and other employees of the Committee receive? | Such salary and allowances as may be prescribed by the Central Government. |
| What other conditions of service shall apply to the officers and other employees of the Committee? | Such other conditions of service as may be prescribed by the Central Government. |
| With whom shall the Central Government consult while prescribing the salary, allowances and other conditions of service of the Committee's officers and employees? | The Chief Justice of India. |
| What is the subject matter of Section 4? | Functions of the Central Authority. |
| What is the duty of the Central Authority regarding policies and principles for legal services? | To lay down policies and principles for making legal services available under the Act. |
| What is the duty of the Central Authority regarding schemes for legal services? | To frame the most effective and economical schemes for making legal services available under the Act. |
| What is the duty of the Central Authority regarding funds at its disposal? | To utilise the funds at its disposal and make appropriate allocations of funds to the State Authorities and District Authorities. |
| In what matters shall the Central Authority take necessary steps by way of social justice litigation? | Consumer protection, environmental protection and any other matter of special concern to the weaker sections of society. |
| For what purpose shall the Central Authority give training to social workers in legal skills? | For undertaking social justice litigation concerning consumer protection, environmental protection or any other matter of special concern to weaker sections of society. |
| What shall the Central Authority organise especially in rural areas, slums or labour colonies? | Legal aid camps. |
| What are the dual purposes of organising legal aid camps? | To educate weaker sections of society as to their rights and to encourage settlement of disputes through Lok Adalats. |
| What methods of dispute settlement shall the Central Authority encourage? | Negotiations, arbitration and conciliation. |
| What shall the Central Authority undertake and promote in the field of legal services? | Research, with special reference to the need for such services among the poor. |
| What shall the Central Authority do regarding the fundamental duties of citizens? | Do all things necessary to ensure commitment to the fundamental duties of citizens under Part IVA of the Constitution. |
| What shall the Central Authority do regarding implementation of legal aid programmes? | Monitor and evaluate their implementation at periodic intervals. |
| What shall the Central Authority provide for regarding programmes and schemes implemented wholly or partly by funds provided under the Act? | Independent evaluation. |
| What may the Central Authority provide to voluntary social service institutions and State and District Authorities? | Grants-in-aid for specific schemes. |
| From what amounts may grants-in-aid be provided for specific schemes? | Amounts placed at the disposal of the Central Authority for implementation of legal services schemes under the Act. |
| With whom shall the Central Authority consult for developing programmes for clinical legal education? | The Bar Council of India. |
| What shall the Central Authority develop in consultation with the Bar Council of India? | Programmes for clinical legal education. |
| What shall the Central Authority do regarding legal services clinics in universities, law colleges and other institutions? | Promote guidance and supervise their establishment and working. |
| What measures shall the Central Authority take regarding legal literacy and legal awareness? | Appropriate measures for spreading legal literacy and legal awareness amongst the people. |
| Whom shall the Central Authority particularly educate regarding rights, benefits and privileges? | The weaker sections of society. |
| What shall the Central Authority educate weaker sections about? | Rights, benefits and privileges guaranteed by social welfare legislations and other enactments, as well as administrative programmes and measures. |
| What shall the Central Authority do regarding voluntary social welfare institutions working at the grass-root level? | Make special efforts to enlist their support. |
| Among which groups shall the Central Authority particularly enlist the support of voluntary social welfare institutions? | Scheduled Castes and Scheduled Tribes, women, and rural and urban labour. |
| Which authorities and institutions shall the Central Authority coordinate and monitor? | State Authorities, District Authorities, Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees, voluntary social service institutions and other legal services organisations. |
| What shall the Central Authority do for the proper implementation of legal services programmes? | Give general directions. |
| What is the subject matter of Section 5? | Central Authority to work in coordination with other agencies. |
| How shall the Central Authority discharge its functions under the Act wherever appropriate? | In coordination with other governmental and non-governmental agencies, universities and others engaged in promoting the cause of legal services to the poor. |
| With whom shall the Central Authority act in coordination wherever appropriate? | Other governmental and non-governmental agencies, universities and others engaged in the work of promoting the cause of legal services to the poor. |
| For what purpose shall the Central Authority coordinate with such agencies, universities and others? | For promoting the cause of legal services to the poor. |
| CHAPTER-III | |
| STATE LEGAL SERVICES AUTHORITY | |
| What is the subject matter of Section 6? | Constitution of State Legal Services Authority. |
| Who shall constitute the Legal Services Authority for the State? | Every State Government. |
| What is the purpose of constituting the Legal Services Authority for the State? | To exercise the powers and perform the functions conferred on, or assigned to, a State Authority under the Act. |
| Who shall be the Patron-in-Chief of a State Authority? | The Chief Justice of the High Court. |
| Who shall be the Executive Chairman of a State Authority? | A serving or retired Judge of the High Court nominated by the Governor in consultation with the Chief Justice of the High Court. |
| Who nominates the Executive Chairman of a State Authority? | The Governor, in consultation with the Chief Justice of the High Court. |
| How many other members shall a State Authority consist of? | Such number as may be prescribed by the State Government. |
| What experience and qualifications shall the other members of a State Authority possess? | Such experience and qualifications as may be prescribed by the State Government. |
| Who shall nominate the other members of a State Authority? | The State Government, in consultation with the Chief Justice of the High Court. |
| Who shall appoint the Member-Secretary of the State Authority? | The State Government, in consultation with the Chief Justice of the High Court. |
| From which service shall the Member-Secretary of the State Authority belong? | The State Higher Judicial Service. |
| What is the minimum rank required for appointment as Member-Secretary of the State Authority? | Not lower than that of a District Judge. |
| Under whose authority shall the Member-Secretary exercise powers and perform duties? | Under the Executive Chairman of the State Authority. |
| What powers and duties shall the Member-Secretary exercise and perform? | Such powers and duties as may be prescribed by the State Government or assigned by the Executive Chairman. |
| What is the exception regarding appointment of a Member-Secretary under Section 6(3)? | A person functioning as Secretary of a State Legal Aid and Advice Board immediately before constitution of the State Authority may be appointed as Member-Secretary even if not otherwise qualified under Section 6(3). |
| For how long may such former Secretary of a State Legal Aid and Advice Board be appointed as Member-Secretary despite lacking the prescribed qualification? | For a period not exceeding five years. |
| What is the condition for the special appointment of a former Secretary of a State Legal Aid and Advice Board as Member-Secretary? | The person must have been functioning as Secretary of the State Legal Aid and Advice Board immediately before the date of constitution of the State Authority. |
| What is the subject matter of Section 7? | Functions of the State Authority. |
| What is the duty of the State Authority regarding the policy and directions of the Central Authority? | To give effect to the policy and directions of the Central Authority. |
| What shall the State Authority do for persons who satisfy the criteria laid down under the Act? | Give legal service to such persons. |
| What shall the State Authority conduct under Section 7(2)(b)? | Lok Adalats, including Lok Adalats for High Court cases. |
| What type of legal aid programmes shall the State Authority undertake? | Preventive and strategic legal aid programmes. |
| What other functions may the State Authority perform? | Such other functions as it may, in consultation with the Central Authority, fix by regulations. |
| With whom shall the State Authority consult while fixing other functions by regulations? | The Central Authority. |
| How may the State Authority fix other functions under Section 7(2)(d)? | By regulations, in consultation with the Central Authority. |
| What is the subject matter of Section 8? | State Authority to act in coordination with other agencies and be subject to directions given by the Central Authority. |
| With whom shall the State Authority appropriately act in coordination in the discharge of its functions? | Other governmental agencies, non-governmental voluntary social service institutions, universities and other bodies engaged in promoting the cause of legal services to the poor. |
| What shall guide the State Authority in the discharge of its functions? | Such directions as the Central Authority may give to it in writing. |
| In what form may the Central Authority give directions to the State Authority? | In writing. |
| For what purpose shall the State Authority coordinate with the specified agencies, institutions, universities and bodies? | For promoting the cause of legal services to the poor. |
| What is the subject matter of Section 8A? | High Court Legal Services Committee. |
| Who shall constitute the High Court Legal Services Committee for every High Court? | The State Authority. |
| What is the purpose of constituting the High Court Legal Services Committee? | To exercise such powers and perform such functions as may be determined by regulations made by the State Authority. |
| Who determines the powers and functions of the High Court Legal Services Committee? | The State Authority by regulations. |
| Who shall be the Chairman of the High Court Legal Services Committee? | A sitting Judge of the High Court. |
| How many other members shall the High Court Legal Services Committee consist of? | Such number as may be determined by regulations made by the State Authority. |
| What experience and qualifications shall the other members of the High Court Legal Services Committee possess? | Such experience and qualifications as may be determined by regulations made by the State Authority. |
| Who shall nominate the other members of the High Court Legal Services Committee? | The Chief Justice of the High Court. |
| Who shall appoint the Secretary to the High Court Legal Services Committee? | The Chief Justice of the High Court. |
| What experience and qualifications must the Secretary to the Committee possess? | Such experience and qualifications as may be prescribed by the State Government. |
| Who determines the terms of office and other conditions relating to the members and Secretary of the Committee? | The State Authority by regulations. |
| Who may appoint officers and other employees of the High Court Legal Services Committee? | The Committee. |
| How many officers and other employees may be appointed by the Committee? | Such number as may be prescribed by the State Government. |
| With whom shall the State Government consult while prescribing the number of officers and other employees? | The Chief Justice of the High Court. |
| For what purpose may the Committee appoint officers and other employees? | For the efficient discharge of its functions. |
| What salary and allowances shall the officers and other employees of the Committee receive? | Such salary and allowances as may be prescribed by the State Government. |
| What other conditions of service shall apply to the officers and other employees of the Committee? | Such other conditions of service as may be prescribed by the State Government. |
| With whom shall the State Government consult while prescribing the salary, allowances and other conditions of service? | The Chief Justice of the High Court. |
| What is the subject matter of Section 9? | District Legal Services Authority. |
| Who shall constitute the District Legal Services Authority for every District in the State? | The State Government, in consultation with the Chief Justice of the High Court. |
| What is the purpose of constituting the District Legal Services Authority? | To exercise the powers and perform the functions conferred on, or assigned to, the District Authority under the Act. |
| Who shall be the Chairman of a District Authority? | The District Judge. |
| How many other members shall a District Authority consist of? | Such number as may be prescribed by the State Government. |
| What experience and qualifications shall the other members of a District Authority possess? | Such experience and qualifications as may be prescribed by the State Government. |
| Who shall nominate the other members of a District Authority? | The State Government, in consultation with the Chief Justice of the High Court. |
| Who shall appoint the Secretary of the District Authority? | The State Authority, in consultation with the Chairman of the District Authority. |
| From which service shall the Secretary of the District Authority belong? | The State Judicial Service. |
| What is the minimum rank required for appointment as Secretary of the District Authority? | Not lower in rank than that of a Subordinate Judge or Civil Judge posted at the seat of the District Judiciary. |
| Where must the Subordinate Judge or Civil Judge appointed as Secretary be posted? | At the seat of the District Judiciary. |
| Under whose authority shall the Secretary of the District Authority exercise powers and perform duties? | Under the Chairman of the District Authority. |
| What powers and duties shall the Secretary of the District Authority exercise and perform? | Such powers and duties as may be assigned by the Chairman. |
| Who determines the terms of office and other conditions relating to the members and Secretary of the District Authority? | The State Authority by regulations. |
| With whom shall the State Authority consult while determining the terms of office and other conditions of the members and Secretary? | The Chief Justice of the High Court. |
| What is the subject matter of Section 9(5)? | Appointment of officers and other employees of the District Authority. |
| Who may appoint officers and other employees of the District Authority? | The District Authority. |
| How many officers and other employees may be appointed by the District Authority? | Such number as may be prescribed by the State Government. |
| With whom shall the State Government consult while prescribing the number of officers and other employees? | The Chief Justice of the High Court. |
| For what purpose may officers and other employees be appointed by the District Authority? | For the efficient discharge of its functions. |
| What is the subject matter of Section 9(6)? | Salary, allowances and conditions of service of officers and other employees of the District Authority. |
| What salary and allowances shall the officers and other employees of the District Authority receive? | Such salary and allowances as may be prescribed by the State Government. |
| What other conditions of service shall apply to the officers and other employees of the District Authority? | Such other conditions of service as may be prescribed by the State Government. |
| With whom shall the State Government consult while prescribing the salary, allowances and other conditions of service? | The Chief Justice of the High Court. |
| What is the subject matter of Section 9(7)? | Defrayal of administrative expenses of every District Authority. |
| From what fund shall the administrative expenses of every District Authority be defrayed? | The Consolidated Fund of the State. |
| What expenses of every District Authority shall be defrayed out of the Consolidated Fund of the State? | Administrative expenses, including salaries, allowances and pensions payable to the Secretary, officers and other employees of the District Authority. |
| What is the subject matter of Section 9(8)? | Authentication of orders and decisions of the District Authority. |
| By whom shall orders and decisions of the District Authority be authenticated? | The Secretary or any other officer duly authorised by the Chairman of the District Authority. |
| Who may authorise an officer to authenticate orders and decisions of the District Authority? | The Chairman of that Authority. |
| What is the subject matter of Section 9(9)? | Validity of acts and proceedings despite vacancy or defect in constitution. |
| When shall an act or proceeding of the District Authority not be invalid merely on the ground of a vacancy? | When there is a vacancy in the District Authority. |
| When shall an act or proceeding of the District Authority not be invalid merely on the ground of a defect? | When there is any defect in the constitution of the District Authority. |
| What is the legal effect of a vacancy in or defect in the constitution of the District Authority? | No act or proceeding shall be invalid merely on that ground. |
| What is the subject matter of Section 10? | Functions of the District Authority. |
| What is the duty of every District Authority regarding the functions of the State Authority in the District? | To perform such functions as may be delegated to it from time to time by the State Authority. |
| Who may delegate functions of the State Authority to the District Authority? | The State Authority. |
| What activities shall the District Authority coordinate? | The activities of the Taluk Legal Services Committee and other legal services in the District. |
| What shall the District Authority organise within the District? | Lok Adalats. |
| What other functions may the District Authority perform? | Such other functions as the State Authority may fix by regulations. |
| Who may fix other functions of the District Authority by regulations? | The State Authority. |
| What is the subject matter of Section 11? | District Authority to act in coordination with other agencies and be subject to directions given by the Central Authority, etc. |
| With whom shall the District Authority act in coordination wherever appropriate in the discharge of its functions? | Other governmental and non-governmental institutions, universities and others engaged in promoting the cause of legal services to the poor. |
| For what purpose shall the District Authority coordinate with such institutions, universities and others? | For promoting the cause of legal services to the poor. |
| By whose directions shall the District Authority be guided? | Such directions as the Central Authority or the State Authority may give to it in writing. |
| In what form may the Central Authority or State Authority give directions to the District Authority? | In writing. |
| What is the subject matter of Section 11A? | Taluk Legal Services Committee. |
| Who may constitute the Taluk Legal Services Committee? | The State Authority. |
| For what territorial areas may the Taluk Legal Services Committee be constituted? | For each taluk or mandal or for a group of taluks or mandals. |
| Who shall be the ex officio Chairman of the Taluk Legal Services Committee? | The senior-most Judicial Officer operating within the jurisdiction of the Committee. |
| How many other members shall the Taluk Legal Services Committee consist of? | Such number as may be prescribed by the State Government. |
| What experience and qualifications shall the other members of the Taluk Legal Services Committee possess? | Such experience and qualifications as may be prescribed by the State Government. |
| Who shall nominate the other members of the Taluk Legal Services Committee? | The State Government, in consultation with the Chief Justice of the High Court. |
| Who may appoint officers and other employees of the Taluk Legal Services Committee? | The Committee. |
| How many officers and other employees may be appointed by the Taluk Legal Services Committee? | Such number as may be prescribed by the State Government. |
| With whom shall the State Government consult while prescribing the number of officers and other employees of the Committee? | The Chief Justice of the High Court. |
| For what purpose may officers and other employees be appointed by the Committee? | For the efficient discharge of its functions. |
| What salary and allowances shall the officers and other employees of the Committee receive? | Such salary and allowances as may be prescribed by the State Government. |
| What other conditions of service shall apply to the officers and other employees of the Committee? | Such other conditions of service as may be prescribed by the State Government. |
| With whom shall the State Government consult while prescribing the salary, allowances and other conditions of service? | The Chief Justice of the High Court. |
| From what fund shall the administrative expenses of the Taluk Legal Services Committee be defrayed? | The District Legal Aid Fund. |
| Who shall defray the administrative expenses of the Taluk Legal Services Committee? | The District Authority. |
| What is the subject matter of Section 11B? | Functions of Taluk Legal Services Committee. |
| What activities shall the Taluk Legal Services Committee co-ordinate? | The activities of legal services in the taluk. |
| What shall the Taluk Legal Services Committee organise within the taluk? | Lok Adalats. |
| What other functions may the Taluk Legal Services Committee perform? | Such other functions as the District Authority may assign to it. |
| Who may assign other functions to the Taluk Legal Services Committee? | The District Authority. |
| CHAPTER-IV | |
| ENTITLEMENT TO LEGAL SERVICES | |
| What is the subject matter of Section 12? | Criteria for giving legal services. |
| Who shall be entitled to legal services under Section 12? | Every person who has to file or defend a case and satisfies any specified criterion. |
| Which members of the Scheduled Castes or Scheduled Tribes are entitled to legal services? | Every person who is a member of a Scheduled Caste or Scheduled Tribe. |
| Who is entitled to legal services as a victim under Section 12? | A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution. |
| Which women or children are entitled to legal services? | Every woman or child. |
| Who is entitled to legal services on the ground of disability? | 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. |
| What circumstances of underserved want entitle a person to legal services? | Being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster. |
| Who is entitled to legal services as an industrial workman? | Every industrial workman. |
| Who is entitled to legal services on the ground of being in custody? | A person in custody, including custody in a protective home, juvenile home, psychiatric hospital or psychiatric nursing home as specified in the Act. |
| What protective home is referred to in Section 12(g)? | A protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956. |
| What juvenile home is referred to in Section 12(g)? | A juvenile home within the meaning of clause (j) of Section 2 of the Juvenile Justice Act, 1986. |
| What psychiatric hospital or psychiatric nursing home is referred to in Section 12(g)? | A psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987. |
| What annual income criterion applies where the case is before a court other than the Supreme Court? | Annual income of less than rupees nine thousand or such other higher amount as may be prescribed by the State Government. |
| What annual income criterion applies where the case is before the Supreme Court? | Annual income of less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government. |
| Who may prescribe a higher annual income limit for cases before courts other than the Supreme Court? | The State Government. |
| Who may prescribe a higher annual income limit for cases before the Supreme Court? | The Central Government. |
| What is the subject matter of Section 13? | Entitlement of legal services. |
| Who shall be entitled to receive legal services under Section 13(1)? | Persons who satisfy all or any of the criteria specified in Section 12. |
| What condition must be satisfied for a person meeting the criteria under Section 12 to receive legal services? | The concerned Authority must be satisfied that the person has a prima facie case to prosecute or defend. |
| What may an affidavit regarding income be regarded as under Section 13(2)? | Sufficient for making the person eligible for entitlement to legal services under the Act. |
| When may an income affidavit be regarded as sufficient for entitlement to legal services? | Unless the concerned Authority has reason to disbelieve the affidavit. |
| What is the effect of the concerned Authority having reason to disbelieve an income affidavit? | The affidavit may not be regarded as sufficient for making the person eligible for legal services. |
| CHAPTER-V | |
| FINANCE, ACCOUNTS AND AUDIT | |
| What is the subject matter of Section 14? | Grants by the Central Government. |
| What shall the Central Government pay to the Central Authority? | Such sums of money by way of grants as it may think fit. |
| What is the condition for payment of grants by the Central Government under Section 14? | Due appropriation must be made by Parliament by law in this behalf. |
| For what purpose shall the grants paid to the Central Authority be utilised? | For the purposes of the Act. |
| What is the subject matter of Section 15? | National Legal Aid Fund. |
| Who shall establish the National Legal Aid Fund? | The Central Authority. |
| What is the National Legal Aid Fund? | A fund established by the Central Authority under Section 15. |
| What sums shall be credited to the National Legal Aid Fund from the Central Government? | All sums of money given as grants by the Central Government under Section 14. |
| What grants or donations shall be credited to the National Legal Aid Fund? | Grants or donations made to the Central Authority by any other person for the purposes of the Act. |
| What amounts received by the Central Authority shall be credited to the National Legal Aid Fund? | Any amount received under the orders of any court or from any other source. |
| For what purpose shall the National Legal Aid Fund be applied? | For meeting the cost of legal services provided under the Act, including grants made to State Authorities. |
| What cost of legal services provided by the Supreme Court Legal Services Committee shall be met from the National Legal Aid Fund? | The cost of legal services provided by the Supreme Court Legal Services Committee. |
| What other expenses may be met from the National Legal Aid Fund? | Any other expenses required to be met by the Central Authority. |
| What is the subject matter of Section 16? | State Legal Aid Fund. |
| Who shall establish the State Legal Aid Fund? | A State Authority. |
| What sums shall be credited to the State Legal Aid Fund from the Central Authority? | All sums of money paid to the State Authority or any grants by the Central Authority for the purposes of the Act. |
| What grants or donations shall be credited to the State Legal Aid Fund? | Grants or donations made to the State Authority by the State Government or by any person for the purposes of the Act. |
| What other amounts shall be credited to the State Legal Aid Fund? | Any other amount received by the State Authority under the orders of any court or from any other source. |
| For what purpose shall the State Legal Aid Fund be applied? | For meeting the cost of functions referred to in Section 7. |
| What cost of legal services provided by the High Court Legal Services Committee shall be met from the State Legal Aid Fund? | The cost of legal services provided by the High Court Legal Services Committee. |
| What other expenses may be met from the State Legal Aid Fund? | Any other expenses required to be met by the State Authority. |
| What is the subject matter of Section 17? | District Legal Aid Fund. |
| Who shall establish the District Legal Aid Fund? | Every District Authority. |
| What sums shall be credited to the District Legal Aid Fund from the State Authority? | All sums of money paid or any grants made by the State Authority to the District Authority for the purposes of the Act. |
| What grants or donations may be credited to the District Legal Aid Fund? | Grants or donations made to the District Authority by any person, with the prior approval of the State Authority, for the purposes of the Act. |
| What is required before a grant or donation by any person can be credited to the District Legal Aid Fund? | Prior approval of the State Authority. |
| What other amounts shall be credited to the District Legal Aid Fund? | Any other amount received by the District Authority under the orders of any court or from any other source. |
| For what purposes shall the District Legal Aid Fund be applied? | For meeting the cost of functions referred to in Sections 10 and 11B and any other expenses required to be met by the District Authority. |
| What costs relating to the functions of the District Authority shall be met from the District Legal Aid Fund? | The cost of functions referred to in Sections 10 and 11B. |
| What other expenses may be met from the District Legal Aid Fund? | Any other expenses required to be met by the District Authority. |
| What is the subject matter of Section 18? | Accounts and audit. |
| Which Authorities are required to maintain proper accounts and other relevant records under Section 18? | The Central Authority, State Authority and District Authority. |
| What annual statement shall the Authorities prepare? | An annual statement of accounts including the income and expenditure account and the balance-sheet. |
| In what form and manner shall the annual statement of accounts be prepared? | In such form and in such manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. |
| Who prescribes the form and manner of maintaining accounts and preparing the annual statement? | The Central Government, in consultation with the Comptroller and Auditor-General of India. |
| Who shall audit the accounts of the Authorities? | The Comptroller and Auditor-General of India. |
| At what intervals shall the accounts of the Authorities be audited? | At such intervals as may be specified by the Comptroller and Auditor-General of India. |
| Who shall pay the expenditure incurred in connection with the audit? | The Authority concerned shall pay it to the Comptroller and Auditor-General of India. |
| What rights, privileges and authority shall the Comptroller and Auditor-General of India have in auditing the accounts of an Authority? | The same rights, privileges and authority as in connection with auditing Government accounts. |
| What right does the Comptroller and Auditor-General of India have regarding books and documents during the audit? | The right to demand production of books, accounts, connected vouchers and other documents and papers. |
| What right does the Comptroller and Auditor-General of India have regarding the offices of the Authorities? | The right to inspect any of the offices of the Authorities under the Act. |
| Who else shall have the same rights, privileges and authority in connection with the audit of an Authority's accounts? | Any other person appointed by the Comptroller and Auditor-General of India in connection with the audit. |
| What documents shall the Authorities forward annually to the Central Government or State Governments? | The accounts certified by the Comptroller and Auditor-General of India or a person appointed by him, together with the audit report. |
| To whom shall the certified accounts and audit report be forwarded? | To the Central Government or the State Governments, as the case may be. |
| Who shall cause the accounts and audit report received under Section 18(4) to be laid before Parliament? | The Central Government. |
| When shall the Central Government cause the accounts and audit report to be laid before Parliament? | As soon as may be after they are received. |
| Before which body shall the Central Government cause the accounts and audit report to be laid? | Before each House of Parliament. |
| Who shall cause the accounts and audit report received under Section 18(4) to be laid before the State Legislature? | The State Government. |
| When shall the State Government cause the accounts and audit report to be laid before the State Legislature? | As soon as may be after they are received. |
| CHAPTER-VI | |
| LOKADALATS | |
| What is the subject matter of Section 19? | Organisation of Lok Adalats. |
| Which authorities may organise Lok Adalats? | Every State Authority, District Authority, Supreme Court Legal Services Committee, High Court Legal Services Committee or Taluk Legal Services Committee. |
| At what intervals and places may Lok Adalats be organised? | At such intervals and places as the organising authority thinks fit. |
| For what jurisdiction and areas may Lok Adalats be organised? | For such jurisdiction and areas as the organising authority thinks fit. |
| What shall every Lok Adalat organised for an area consist of? | Such number of serving or retired judicial officers and other persons of the area as may be specified by the authority organising the Lok Adalat. |
| Who specifies the number of serving or retired judicial officers and other persons constituting a Lok Adalat? | The State Authority, District Authority, Supreme Court Legal Services Committee, High Court Legal Services Committee or Taluk Legal Services Committee organising the Lok Adalat. |
| What is the requirement regarding the experience and qualifications of other persons in Lok Adalats organised by the Supreme Court Legal Services Committee? | Such experience and qualifications as may be prescribed by the Central Government in consultation with the Chief Justice of India. |
| What is the requirement regarding the experience and qualifications of other persons in Lok Adalats other than those organised by the Supreme Court Legal Services Committee? | Such experience and qualifications as may be prescribed by the State Government in consultation with the Chief Justice of the High Court. |
| Who prescribes the experience and qualifications of other persons for Lok Adalats organised by the Supreme Court Legal Services Committee? | The Central Government, in consultation with the Chief Justice of India. |
| Who prescribes the experience and qualifications of other persons for Lok Adalats other than those organised by the Supreme Court Legal Services Committee? | The State Government, in consultation with the Chief Justice of the High Court. |
| What jurisdiction does a Lok Adalat have in respect of a pending case? | To determine and arrive at a compromise or settlement between the parties to a dispute in respect of any case pending before a Court for which the Lok Adalat is organised. |
| What jurisdiction does a Lok Adalat have in respect of a matter not brought before a Court? | To determine and arrive at a compromise or settlement between the parties to a dispute in respect of any matter falling within the jurisdiction of, and not brought before, any Court for which the Lok Adalat is organised. |
| What is the condition regarding a matter not brought before a Court for Lok Adalat jurisdiction? | The matter must fall within the jurisdiction of the Court for which the Lok Adalat is organised. |
| What is the proviso to the jurisdiction of a Lok Adalat under Section 19? | A Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law. |
| In respect of what offence does a Lok Adalat have no jurisdiction? | An offence not compoundable under any law. |
| What is the subject matter of Section 20? | Cognizance of cases by Lok Adalats. |
| When shall a Court refer a pending case to the Lok Adalat where the parties agree? | When the parties agree to refer the case to the Lok Adalat for settlement. |
| When shall a Court refer a pending case to the Lok Adalat on an application by one party? | When one party applies for reference to the Lok Adalat for settlement and the Court is prima facie satisfied that there are chances of such settlement. |
| When may a Court refer a pending case to the Lok Adalat on its own satisfaction? | When the Court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat. |
| What is the duty of the Court when the conditions under Section 20(1) are satisfied? | The Court shall refer the case to the Lok Adalat. |
| What opportunity must be given to the parties before a Court refers a case under Section 20(1)(i)(b) or Section 20(1)(ii)? | A reasonable opportunity of being heard. |
| Can a Court refer a case under Section 20(1)(i)(b) or Section 20(1)(ii) without giving the parties an opportunity of being heard? | No. |
| What is the effect of the non-obstante clause in Section 20(2)? | The power to refer a matter to the Lok Adalat operates notwithstanding anything contained in any other law for the time being in force. |
| Who may refer a matter falling under Section 19(5)(ii) to the Lok Adalat under Section 20(2)? | The Authority or Committee organising the Lok Adalat under Section 19(1). |
| When may the Authority or Committee refer a matter falling under Section 19(5)(ii) to the Lok Adalat? | On receipt of an application from any one of the parties that the matter needs to be determined by a Lok Adalat. |
| What is the condition for reference of a matter to the Lok Adalat under Section 20(2)? | The matter must be referred for determination by the Lok Adalat on an application by any one of the parties. |
| What opportunity must be given to the other party before a matter is referred to the Lok Adalat under Section 20(2)? | A reasonable opportunity of being heard. |
| Can a matter be referred to the Lok Adalat under Section 20(2) without giving the other party a reasonable opportunity of being heard? | No. |
| What shall the Lok Adalat do when a case is referred to it under Section 20(1)? | Proceed to dispose of the case and arrive at a compromise or settlement between the parties. |
| What shall the Lok Adalat do when a reference is made to it under Section 20(2)? | Proceed to dispose of the matter and arrive at a compromise or settlement between the parties. |
| How shall every Lok Adalat act while determining any reference under the Act? | With utmost expedition to arrive at a compromise or settlement between the parties. |
| What principles shall guide every Lok Adalat while determining a reference? | Justice, equity, fair play and other legal principles. |
| What is the consequence where no award is made by the Lok Adalat because no compromise or settlement could be arrived at in a case referred under Section 20(1)? | The record of the case shall be returned to the Court from which the reference was received for disposal in accordance with law. |
| To which Court shall the record be returned where no award is made in a case referred under Section 20(1)? | The Court from which the reference was received. |
| What shall the Lok Adalat advise the parties when no award is made in a matter referred under Section 20(2) because no compromise or settlement could be arrived at? | To seek remedy in a Court. |
| What shall the Court do when the record of the case is returned under Section 20(5)? | Proceed to deal with the case from the stage which was reached before the reference under Section 20(1). |
| From what stage shall the Court proceed with a case returned under Section 20(5)? | From the stage which was reached before the reference under Section 20(1). |
| What is the subject matter of Section 21? | Award of Lok Adalat. |
| What is every award of a Lok Adalat deemed to be? | A decree of a civil court or, as the case may be, an order of any other court. |
| When shall the court-fee paid in a case referred to the Lok Adalat under Section 20(1) be refunded? | Where a compromise or settlement has been arrived at by the Lok Adalat. |
| In what manner shall the court-fee be refunded where a compromise or settlement is arrived at by the Lok Adalat? | In the manner provided under the Court-fees Act, 1870. |
| What is the legal effect of every award made by a Lok Adalat? | It is final and binding on all the parties to the dispute. |
| Can an appeal lie against an award of a Lok Adalat? | No appeal shall lie to any court against the award. |
| Who are bound by an award made by a Lok Adalat? | All the parties to the dispute. |
| What is the subject matter of Section 22? | Powers of Lok Adalat or Permanent Lok Adalat. |
| What powers does a Lok Adalat or Permanent Lok Adalat have while holding any determination under the Act? | The same powers as a Civil Court under the Code of Civil Procedure, 1908, while trying a suit. |
| In respect of what matter may a Lok Adalat or Permanent Lok Adalat summon and enforce the attendance of a witness? | Summoning and enforcing the attendance of any witness and examining him on oath. |
| What power does a Lok Adalat or Permanent Lok Adalat have regarding documents? | Discovery and production of any document. |
| What power does a Lok Adalat or Permanent Lok Adalat have regarding evidence? | Reception of evidence on affidavits. |
| What power does a Lok Adalat or Permanent Lok Adalat have regarding public records? | Requisitioning any public record, document or copy thereof from any court or office. |
| What other powers may a Lok Adalat or Permanent Lok Adalat exercise under Section 22(1)(e)? | Such other matters as may be prescribed. |
| What procedural power does every Lok Adalat or Permanent Lok Adalat possess under Section 22(2)? | The power to specify its own procedure for determining any dispute before it. |
| What is the legal status of proceedings before a Lok Adalat or Permanent Lok Adalat? | They are deemed to be judicial proceedings. |
| For the purposes of which provisions of the Bharatiya Nyaya Sanhita, 2023 are proceedings before a Lok Adalat or Permanent Lok Adalat deemed to be judicial proceedings? | Sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023. |
| For what purposes is every Lok Adalat or Permanent Lok Adalat deemed to be a Civil Court? | For Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023. |
| CHAPTER-VIA | |
| PRE-LITIGATION CONCILIATION AND SETTLEMENT | |
| What is the subject matter of Section 22A? | Definitions. |
| For which provisions do the definitions in Section 22A apply? | This Chapter and Sections 22 and 23. |
| What is meant by “Permanent Lok Adalat”? | A Permanent Lok Adalat established under Section 22B(1). |
| What is meant by “public utility service”? | Any service specified in clauses (i) to (vi) and any service declared by the Central Government or State Government as a public utility service by notification in the public interest. |
| What transport services are included within “public utility service”? | Transport service for the carriage of passengers or goods by air, road or water. |
| What postal or communication services are included within “public utility service”? | Postal, telegraph or telephone service. |
| What supply services are included within “public utility service”? | Supply of power, light or water to the public by any establishment. |
| What public conservancy or sanitation service is included within “public utility service”? | Any system of public conservancy or sanitation. |
| What medical services are included within “public utility service”? | Service in a hospital or dispensary. |
| What insurance-related service is included within “public utility service”? | Insurance service. |
| Who may declare any other service to be a public utility service for the purposes of this Chapter? | The Central Government or the State Government, as the case may be. |
| What condition must be satisfied for the Central Government or State Government to declare a service as a public utility service? | The declaration must be made in the public interest. |
| How shall the Central Government or State Government declare a service to be a public utility service? | By notification. |
| For what purpose may a service be declared a public utility service under Section 22A(b)? | For the purposes of this Chapter. |
| What is the subject matter of Section 22B? | Establishment of Permanent Lok Adalats. |
| What is the effect of the non-obstante clause in Section 22B(1)? | Establishment of Permanent Lok Adalats operates notwithstanding anything contained in Section 19. |
| Who may establish Permanent Lok Adalats? | The Central Authority or, as the case may be, every State Authority. |
| How shall Permanent Lok Adalats be established? | By notification. |
| At what places may Permanent Lok Adalats be established? | At such places as may be specified in the notification. |
| For what jurisdiction may Permanent Lok Adalats be established? | For exercising such jurisdiction in respect of one or more public utility services as may be specified in the notification. |
| For what areas may Permanent Lok Adalats be established? | For such areas as may be specified in the notification. |
| What shall every Permanent Lok Adalat established for a notified area consist of? | A Chairman and two other persons. |
| Who shall be the Chairman of a Permanent Lok Adalat? | A person who is or has been a District Judge or Additional District Judge or has held judicial office higher in rank than that of a District Judge. |
| How many other persons shall constitute a Permanent Lok Adalat besides the Chairman? | Two. |
| What qualification must the two other persons of a Permanent Lok Adalat possess? | Adequate experience in public utility service. |
| Who shall nominate the two other persons having adequate experience in public utility service? | The Central Government or, as the case may be, the State Government. |
| On whose recommendation shall the two other persons be nominated? | On the recommendation of the Central Authority or, as the case may be, the State Authority. |
| Who shall appoint the Chairman and the two other persons of a Permanent Lok Adalat? | The Central Authority or, as the case may be, the State Authority establishing such Permanent Lok Adalat. |
| Who prescribes the other terms and conditions of appointment of the Chairman and the other persons? | The Central Government. |
| What is the subject matter of Section 22C? | Cognizance of cases by Permanent Lok Adalat. |
| Who may make an application to the Permanent Lok Adalat for settlement of a dispute? | Any party to the dispute. |
| When may an application be made to the Permanent Lok Adalat for settlement of a dispute? | Before the dispute is brought before any court. |
| What is the first proviso to Section 22C(1)? | The Permanent Lok Adalat shall have no jurisdiction in respect of any matter relating to an offence not compoundable under any law. |
| What is the second proviso to Section 22C(1)? | The Permanent Lok Adalat shall have no jurisdiction where the value of the property in dispute exceeds ten lakh rupees. |
| What is the monetary limit for the jurisdiction of a Permanent Lok Adalat under Section 22C(1)? | Ten lakh rupees. |
| Who may increase the monetary limit of ten lakh rupees for Permanent Lok Adalat jurisdiction? | The Central Government by notification. |
| With whom shall the Central Government consult before increasing the monetary limit of ten lakh rupees? | The Central Authority. |
| How may the monetary limit of ten lakh rupees be increased? | By notification of the Central Government in consultation with the Central Authority. |
| What is the effect of making an application under Section 22C(1) to the Permanent Lok Adalat? | No party to the application shall invoke the jurisdiction of any court in the same dispute. |
| Can a party invoke the jurisdiction of a court in the same dispute after making an application under Section 22C(1)? | No. |
| What is the subject matter of Section 22C(3)? | Procedure to be followed by a Permanent Lok Adalat on receipt of an application. |
| What shall a Permanent Lok Adalat direct each party to an application to file? | A written statement before it. |
| What shall the written statement filed before the Permanent Lok Adalat state? | The facts and nature of the dispute, the points or issues in the dispute, and the grounds relied upon in support of or in opposition to such points or issues. |
| What may a party attach to its written statement filed before the Permanent Lok Adalat? | Any document and other evidence it deems appropriate in proof of the facts and grounds. |
| What shall a party do with its written statement and accompanying documents and evidence? | Send a copy to each of the parties to the application. |
| When may the Permanent Lok Adalat require a party to file an additional statement? | At any stage of the conciliation proceedings. |
| What shall the Permanent Lok Adalat do with any document or statement received from a party? | Communicate it to the other party to enable that party to present a reply. |
| When shall the Permanent Lok Adalat conduct conciliation proceedings? | When the statement, additional statement and reply, if any, have been filed to its satisfaction. |
| How shall the Permanent Lok Adalat conduct conciliation proceedings? | In such manner as it thinks appropriate, taking into account the circumstances of the dispute. |
| What is the duty of the Permanent Lok Adalat during conciliation proceedings? | To assist the parties in their attempt to reach an amicable settlement of the dispute in an independent and impartial manner. |
| What is the duty of every party to an application during conciliation? | To cooperate in good faith with the Permanent Lok Adalat in conciliation of the dispute. |
| What must every party comply with during conciliation proceedings? | The directions of the Permanent Lok Adalat to produce evidence and other related documents before it. |
| When may the Permanent Lok Adalat formulate terms of a possible settlement? | When it is of the opinion that elements of settlement exist which may be acceptable to the parties. |
| What shall the Permanent Lok Adalat do after formulating terms of a possible settlement? | Give the terms to the parties concerned for their observations. |
| What happens when the parties reach an agreement on the settlement of the dispute? | They shall sign the settlement agreement. |
| What shall the Permanent Lok Adalat do after the parties sign the settlement agreement? | Pass an award in terms of the settlement agreement and furnish a copy to each concerned party. |
| To whom shall the Permanent Lok Adalat furnish a copy of the award passed on the settlement agreement? | Each of the parties concerned. |
| What shall the Permanent Lok Adalat do when the parties fail to reach an agreement under Section 22C(7)? | Decide the dispute if it does not relate to any offence. |
| What condition applies to the Permanent Lok Adalat's power to decide a dispute when conciliation fails? | The dispute must not relate to any offence. |
| What is the subject matter of Section 22D? | Procedure of Permanent Lok Adalat. |
| By what principles shall the Permanent Lok Adalat be guided while conducting conciliation proceedings or deciding a dispute on merits? | Natural justice, objectivity, fair play, equity and other principles of justice. |
| Is the Permanent Lok Adalat bound by the Code of Civil Procedure, 1908? | No. |
| Is the Permanent Lok Adalat bound by the Bharatiya Sakshya Adhiniyam? | No. |
| What is the legal effect of Section 22D regarding the Code of Civil Procedure, 1908 and the Bharatiya Sakshya Adhiniyam? | The Permanent Lok Adalat shall not be bound by either enactment. |
| What is the subject matter of Section 22E? | Award of Permanent Lok Adalat to be final. |
| What is the legal effect of every award of the Permanent Lok Adalat made on merits or in terms of a settlement agreement? | It shall be final and binding on all the parties thereto and on persons claiming under them. |
| On whom is an award of the Permanent Lok Adalat binding? | All the parties thereto and persons claiming under them. |
| What is every award of the Permanent Lok Adalat deemed to be? | A decree of a civil court. |
| By what majority shall an award of the Permanent Lok Adalat be made? | By a majority of the persons constituting the Permanent Lok Adalat. |
| Can an award of the Permanent Lok Adalat be called in question in any original suit, application or execution proceeding? | No. |
| What is the finality of every award made by the Permanent Lok Adalat? | It is final and shall not be called in question in any original suit, application or execution proceeding. |
| What may the Permanent Lok Adalat do with an award made by it? | Transmit it to a civil court having local jurisdiction. |
| What shall the civil court do when an award is transmitted to it by the Permanent Lok Adalat? | Execute the award as if it were a decree made by that court. |
| Which civil court may receive an award transmitted by the Permanent Lok Adalat? | A civil court having local jurisdiction. |
| CHAPTER-VII | |
| MISCELLANEIOUS | |
| What is the subject matter of Section 23? | Members and staff of Authorities, Committees and Lok Adalats to be public servants. |
| Who shall be deemed to be public servants under Section 23? | Members, including the Member-Secretary or Secretary, of the specified Authorities and Committees, officers and other employees of such Authorities and Committees, members of Lok Adalats and persons constituting Permanent Lok Adalats. |
| Which office-bearers of the Central Authority, State Authority and District Authorities are deemed to be public servants? | Their members, including the Member-Secretary or, as the case may be, Secretary. |
| Which members of the Legal Services Committees are deemed to be public servants? | Members, including the Member-Secretary or Secretary, of the Supreme Court Legal Services Committee, High Court Legal Services Committees and Taluk Legal Services Committees. |
| Which staff of the Authorities and Committees are deemed to be public servants? | Officers and other employees of such Authorities and Committees. |
| Who among the Lok Adalats are deemed to be public servants? | The members of the Lok Adalats. |
| Who among the Permanent Lok Adalats are deemed to be public servants? | The persons constituting Permanent Lok Adalats. |
| Within the meaning of which provision are the specified members, staff and persons deemed to be public servants? | Section 2(28) of the Bharatiya Nyaya Sanhita, 2023. |
| What is the subject matter of Section 24? | Protection of action taken in good faith. |
| Against whom shall no suit, prosecution or other legal proceeding lie for anything done or intended to be done in good faith under the Act or rules or regulations made thereunder? | The Central Government or State Government; specified functionaries, members, Member-Secretaries, officers and employees of the Central Authority, State Authority, Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees and District Authority; and any other person authorised by the specified functionaries. |
| Which Governments are protected under Section 24? | The Central Government and State Government. |
| Which functionaries and staff of the Central Authority are protected under Section 24? | The Patron-in-Chief, Executive Chairman, members, Member-Secretary, officers and other employees of the Central Authority. |
| Which functionaries and staff of the State Authority are protected under Section 24? | The Patron-in-Chief, Executive Chairman, members, Member-Secretary, officers and other employees of the State Authority. |
| Which functionaries and staff of the specified Committees and District Authority are protected under Section 24? | The Chairman, Secretary, members, officers and other employees of the Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees and District Authority. |
| Who else is protected under Section 24? | Any other person authorised by any of the Patron-in-Chief, Executive Chairman, Chairman, Member or Member-Secretary referred to in clauses (b) to (d). |
| What acts are protected under Section 24? | Anything done or intended to be done in good faith under the provisions of the Act or any rule or regulation made thereunder. |
| What legal proceedings are barred by Section 24 in respect of protected good-faith acts? | Suit, prosecution or other legal proceeding. |
| What is the condition for protection under Section 24? | The act must be done or intended to be done in good faith under the Act or any rule or regulation made thereunder. |
| What is the subject matter of Section 25? | Act to have overriding effect. |
| What is the overriding effect of the Legal Services Authorities Act, 1987? | Its provisions shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of law other than this Act. |
| What is the effect of any inconsistent provision in another law for the time being in force? | The provisions of this Act shall prevail notwithstanding such inconsistency. |
| What is the effect of any inconsistent provision in an instrument having effect by virtue of law other than this Act? | The provisions of this Act shall prevail notwithstanding such inconsistency. |
| What is the subject matter of Section 26? | Power to remove difficulties. |
| When may the Central Government exercise the power to remove difficulties? | If any difficulty arises in giving effect to the provisions of the Act. |
| What may the Central Government do to remove a difficulty in giving effect to the Act? | By order published in the Official Gazette, make such provisions as appear to it necessary or expedient for removing the difficulty. |
| What limitation applies to provisions made by the Central Government for removing difficulties? | Such provisions shall not be inconsistent with the provisions of the Act. |
| How shall an order under Section 26(1) be published? | In the Official Gazette. |
| Within what period from the date on which the Act receives the assent of the President can an order for removing difficulties be made? | Within two years. |
| What is the consequence of expiry of two years from the date of Presidential assent regarding the power to remove difficulties? | No such order shall be made after the expiry of two years. |
| What shall be done with every order made under Section 26? | It shall be laid before each House of Parliament. |
| When shall every order made under Section 26 be laid before each House of Parliament? | As soon as may be after it is made. |
| What is the subject matter of Section 27? | Power of Central Government to make rules. |
| Who may make rules to carry out the provisions of the Act? | The Central Government, in consultation with the Chief Justice of India. |
| How may the Central Government make rules under Section 27? | By notification. |
| What is the purpose for which rules may be made under Section 27? | To carry out the provisions of the Act. |
| What may rules prescribe regarding the Central Authority under Section 3(2)(c)? | The number, experience and qualifications of its other members. |
| What may rules prescribe regarding the Member-Secretary of the Central Authority under Section 3(3)? | His experience and qualifications and his powers and functions. |
| What may rules prescribe regarding members and the Member-Secretary of the Central Authority under Section 3(4)? | Their terms of office and other conditions relating thereto. |
| What may rules prescribe regarding officers and other employees of the Central Authority under Section 3(5)? | Their number. |
| What may rules prescribe regarding officers and other employees of the Central Authority under Section 3(6)? | Their conditions of service and salary and allowances. |
| What may rules prescribe regarding members of the Supreme Court Legal Services Committee under Section 3A(2)(b)? | Their number, experience and qualifications. |
| What may rules prescribe regarding the Secretary of the Supreme Court Legal Services Committee under Section 3A(3)? | His experience and qualifications. |
| What may rules prescribe regarding officers and other employees of the Supreme Court Legal Services Committee under Section 3A(5) and (6)? | Their number, conditions of service, salary and allowances payable to them. |
| What may rules prescribe regarding the annual income limit under Section 12(h) for a person seeking legal services in a case before the Supreme Court? | The upper limit of annual income entitling the person to legal services. |
| What may rules prescribe regarding accounts under Section 18? | The manner in which the accounts of the Central Authority, State Authority or District Authority shall be maintained. |
| What may rules prescribe regarding other persons of Lok Adalats organised by the Supreme Court Legal Services Committee under Section 19(3)? | Their experience and qualifications. |
| What may rules prescribe under Section 22(1)(e)? | Such other matters in respect of which a Lok Adalat or Permanent Lok Adalat has the same powers as a Civil Court. |
| What may rules prescribe regarding the Chairman and other persons of a Permanent Lok Adalat under Section 22B(2)? | Their other terms and conditions of appointment. |
| What other matters may the Central Government prescribe by rules under Section 27(2)(m)? | Any other matter which is to be, or may be, prescribed. |
| What is the subject matter of Section 28? | Power of State Government to make rules. |
| Who may make rules to carry out the provisions of the Act? | The State Government, in consultation with the Chief Justice of the High Court. |
| How may the State Government make rules under Section 28? | By notification. |
| What is the purpose for which rules may be made under Section 28? | To carry out the provisions of the Act. |
| What may rules prescribe regarding the State Authority under Section 6(2)(c)? | The number, experience and qualifications of its other members. |
| What may rules prescribe regarding the Member-Secretary of the State Authority under Section 6(3)? | His powers and functions. |
| What may rules prescribe regarding members and the Member-Secretary of the State Authority under Section 6(4)? | Their terms of office and other conditions relating thereto. |
| What may rules prescribe regarding officers and other employees of the State Authority under Section 6(5)? | Their number. |
| What may rules prescribe regarding officers and other employees of the State Authority under Section 6(6)? | Their conditions of service and salary and allowances. |
| What may rules prescribe regarding the Secretary of the High Court Legal Services Committee under Section 8A(3)? | His experience and qualifications. |
| What may rules prescribe regarding officers and other employees of the High Court Legal Services Committee under Section 8A(5) and (6)? | Their number, conditions of service, salary and allowances payable to them. |
| What may rules prescribe regarding members of the District Authority under Section 9(2)(b)? | Their number, experience and qualifications. |
| What may rules prescribe regarding officers and other employees of the District Authority under Section 9(5)? | Their number. |
| What may rules prescribe regarding officers and other employees of the District Authority under Section 9(6)? | Their conditions of service and salary and allowances. |
| What may rules prescribe regarding members of the Taluk Legal Services Committee under Section 11A(2)(b)? | Their number, experience and qualifications. |
| What may rules prescribe regarding officers and other employees of the Taluk Legal Services Committee under Section 11A(3)? | Their number. |
| What may rules prescribe regarding officers and other employees of the Taluk Legal Services Committee under Section 11A(4)? | Their conditions of service and salary and allowances. |
| What may rules prescribe regarding the annual income limit under Section 12(h) for a person seeking legal services in a case before a court other than the Supreme Court? | The upper limit of annual income entitling the person to legal services. |
| What may rules prescribe regarding other persons of Lok Adalats other than those referred to in Section 19(4)? | Their experience and qualifications. |
| What other matters may the State Government prescribe by rules under Section 28(2)(p)? | Any other matter which is to be, or may be, prescribed. |
| What is the subject matter of Section 29? | Power of Central Authority to make regulations. |
| Who may make regulations under Section 29? | The Central Authority. |
| How shall regulations under Section 29 be made? | By notification. |
| What is the limitation on regulations made by the Central Authority? | They shall not be inconsistent with the provisions of the Act and the rules made thereunder. |
| For what purpose may the Central Authority make regulations? | To provide for all matters for which provision is necessary or expedient for giving effect to the provisions of the Act. |
| What may regulations provide regarding the Supreme Court Legal Services Committee under Section 3A(1)? | Its powers and functions. |
| What may regulations provide regarding the members and Secretary of the Supreme Court Legal Services Committee under Section 3A(4)? | Their terms of office and other conditions relating thereto. |
| What is the subject matter of Section 29A? | Power of State Authority to make regulations. |
| Who may make regulations under Section 29A? | The State Authority. |
| How shall regulations under Section 29A be made? | By notification. |
| What is the limitation on regulations made by the State Authority? | They shall not be inconsistent with the provisions of the Act and the rules made thereunder. |
| For what purpose may the State Authority make regulations? | To provide for all matters for which provision is necessary or expedient for giving effect to the provisions of the Act. |
| What other functions of the State Authority may be provided for by regulations under Section 29A(2)(a)? | Other functions to be performed by the State Authority under Section 7(2)(d). |
| What may regulations provide regarding the High Court Legal Services Committee under Section 8A(1)? | Its powers and functions. |
| What may regulations provide regarding the members of the High Court Legal Services Committee under Section 8A(2)(b)? | Their number, experience and qualifications. |
| What may regulations provide regarding the members and Secretary of the High Court Legal Services Committee under Section 8A(4)? | Their terms of office and other conditions relating thereto. |
| What may regulations provide regarding the members and Secretary of the District Authority under Section 9(4)? | Their term of office and other conditions relating thereto. |
| What may regulations provide regarding the members of the High Court Legal Services Committee under Section 29A(2)(f)? | Their number, experience and qualifications. |
| What other functions of the District Authority may be provided for by regulations under Section 10(2)(c)? | Other functions to be performed by the District Authority. |
| What may regulations provide regarding the members and Secretary of the Taluk Legal Services Committee under Section 11A(3)? | Their term of office and other conditions relating thereto. |
| What is the subject matter of Section 30? | Laying of rules and regulations. |
| Which rules and regulations shall be laid before each House of Parliament? | Every rule made under the Act by the Central Government and every regulation made thereunder by the Central Authority. |
| When shall the Central Government's rules and Central Authority's regulations be laid before each House of Parliament? | As soon as may be after they are made. |
| Before which body shall the Central Government's rules and Central Authority's regulations be laid? | Before each House of Parliament. |
| What is the required period for which the Central Government's rules and Central Authority's regulations shall be laid before Parliament? | A total period of thirty days. |
| What is the condition regarding the sessions during which the rules and regulations may remain before Parliament? | The thirty days may be comprised in one session or in two or more successive sessions. |
| What happens if, before the expiry of the session immediately following the relevant session or successive sessions, both Houses agree to modify a rule or regulation? | The rule or regulation shall thereafter have effect only in the modified form. |
| What happens if both Houses agree that a rule or regulation should not be made? | The rule or regulation shall thereafter have no effect. |
| When must both Houses agree to modify or annul a rule or regulation for the consequence under Section 30(1) to apply? | Before the expiry of the session immediately following the relevant session or successive sessions. |
| What is the effect of any modification or annulment of a rule or regulation on anything previously done under it? | It shall be without prejudice to the validity of anything previously done under that rule or regulation. |
| Which rules and regulations shall be laid before the State Legislature? | Every rule made under the Act by a State Government and every regulation made thereunder by a State Authority. |
| When shall the State Government's rules and State Authority's regulations be laid before the State Legislature? | As soon as may be after they are made. |
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