legal services authority act (section 20: reference of cases: cases can…
legal services authority act
Legal Services Authorities Act was enacted to give a statutory base to legal aid programmes throughout the country on a uniform pattern.
This Act was finally enforced on 9th of November, 1995 after certain amendments were introduced therein by the Amendment Act of 1994.
National Legal Services Authority was constituted
Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for giving legal services to the eligible persons.
section 19: Central, State, District and Taluk Legal Services Authority has been created who are responsible for organizing Lok Adalats at such intervals and place.
Conciliators for Lok Adalat comprise the following: -
A sitting or retired judicial officer.
other persons of repute as may be prescribed by the State Government in consultation with the Chief Justice of High Court.
section 20: reference of cases:
cases can be referred to lok adalats as follows
By consent of both the parties to the disputes.
One of the parties makes an application for reference.
Where the Court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat.
Compromise settlement shall be guided by the principles of justice, equity, fair play and other legal principles.
Where no compromise has been arrived at through conciliation, the matter shall be returned to the concerned court for disposal in accordance with Law.
Every proceedings of the Lok Adalat shall be deemed to be judicial proceedings for the purpose of :
Summoning of Witnesses
Discovery of documents
Reception of evidences
Requisitioning of Public record
criteria for acquiring legal aid
(a) a member of a Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;
(c) a woman or a child;
(d) a mentally ill or otherwise disabled person;
(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 (104 of 1956); or in a juvenile home within the meaning of clause.
(j) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986) or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987 (14 of 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 Govt., 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 Govt., if the case is before the Supreme Court."(Rules have already been amended to enhance this income ceiling).