Sec 19 to 22 Chapter VI  (Lokadalats)The Legal Services Authorities Act, 1987

Sec 19 to 22 Chapter VI (Lokadalats)The Legal Services Authorities Act, 1987

Free Online Judiciary Coaching Classes

5[19. Organisation of Lok Adalats.

(1) Every State Authority or District Authority or the Supreme  Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be,  Taluk Legal Services Committee may organize Lok Adalats at such intervals and places and for  exercising such jurisdiction and for such areas as it thinks fit.  

(2) Every Lok Adalat organised for an area shall consist of such number of—  

(a) serving or retired judicial officers; and  

(b) other persons,  of the area as may be specified by the State Authority or the District Authority or the Supreme Court  Legal Services Committee or the High Court Legal Services Committee, or as the case may be, the Taluk  Legal Services Committee, organising such Lok Adalat.  

(3) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for  Lok Adalats organised by the Supreme Court Legal Services Committee shall be such as may be  prescribed by the Central Government in consultation with the Chief Justice of India.  

(4) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for  Lok Adalats other than referred to in sub-section (3) shall be such as may be prescribed by the State  Government in consultation with the Chief Justice of the High Court.  

(5) 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 organised:  

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.  

5. Subs. by s. 15, ibid., for sections 19 and 20 (w.e.f. 29-10-1994). 

20. Cognizance of cases by Lok Adalats.

(1) Where in any case referred to in clause (i) of  sub-section (5) of section 19,—  

(i)(a) the parties thereof agree; or  

(b) one of the parties thereof makes an application to the Court,  for referring the case to the Lok Adalat for settlement and if such court isprima facie satisfied that there  are chances of such settlement; or  

(ii) thecourt is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok  Adalat,  the Court shall refer the case to the Lok Adalat:  

Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause  (ii) by such court except after giving a reasonable opportunity of being heard to the parties.  

(2) Notwithstanding anything contained in any cither law for the time being in force, the Authority or  Committee organising the Lok Adalat under sub-section (1) of section19 may, on receipt of an application  from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of section 19 that  such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for  determination:  

Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable  opportunity of being heard to the other party.  

(3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has been  made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive  at a compromise or settlement between the parties.

(4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost  expedition to arrive at a compromise or settlement between the parties and shall be guided by the  principles of justice, equity, fair play and other legal principles.  

(5) Where no award is made by the Lok Adalat on the ground that no compromise or settlementcould  be arrived at between the parties, the record of the case shall be returned by it to the court, from which the  reference has been received under sub-section (1) for disposal in accordance with law.  

(6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could  be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advice  the parties to seek remedy in a court.  

(7) Where the record of the case if returned under sub-section (5) to the court, such court shall  proceed to deal with such case from the stage which was reached before such reference under sub-section  (1).]  

21. Award of Lok Adalat.

1[(1) Every award of the Lok Adalat shall be deemed to be a decree of a  civil court or, as the case may be, an order of any other court and where a compromise or settlement has  been arrived at, by a Lok Adalat in a case referred to it under sub-section(1) of section 20, the court-fee  paid in such case shall be refunded in the manner provided under the Court-fees Act, 1870 (7 of 1870).]  

(2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and  no appeal shall lie to any court against the award. 

1. Subs. by Act 59 of 1994, s. 16, for sub-section (1) (w.e.f. 29-10-1994),

22. Powers of 2[Lok Adalat or Permanent Lok Adalat.]

(1) The 2[Lok Adalat or Permanent Lok  Adalat] shall, for the purposes of holding any determination under this Act, have the same powers as are  vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect  of the following matters, namely:—  

(a) the summoning and enforcing the attendance of any witness and examining him on oath; 

(b) the discovery and production of any document;  

(c) the reception of evidence on affidavits;  

(d) the requisitioning of any public record or document or copy of such record or document from  any court or office; and  

(e) such other matters as may be prescribed.  

(2) Without prejudice to the generality of the powers contained in sub-section (1), every 2[Lok Adalat  or Permanent Lok Adalat] shall have the requisite powers to specify its own procedure for the  determination of any dispute coming before it.  

(3) All proceedings before a 2[Lok Adalat or Permanent Lok Adalat] shall be deemed to be judicial  proceedings within the meaning of sections 193,219 and 228 of the Indian Penal Code (45 of 1860) and  every 2[Lok Adalat or Permanent Lok Adalat] shall be deemed to be a Civil Court for the purpose of  section195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).  

2. Subs. by Act 37 of 2002, s. 3, for “Lok Adalat” (w.e.f. 11-6-2002).

Free Judiciary Coaching
Free Judiciary Notes
Free Judiciary Mock Tests
Bare Acts