National Legal Services Authority (Lok Adalat) Regulations , 2009

4e6822f2b76026e0bd4d539a9807d73f16338fb6 · 1987 · State unknown

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Parent: Legal Services Authorities Act, 1987 (3c9d1e4294ed196d574dad07054262c90a75be47)

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National Legal Services Authority (Lok Adalat) Regulations , 2009 NOTIFICATION New Delhi , the 14 * October.2009 No.L/28/09-NALSA.—fn exercise of the powers conferred by section 29 of the Legal Services Authorities Act, 1987 (39 of 1987), the Central Authority hereby makes the following regulations, namely: — 1 . Short title and commencement . - These regulations may be called National Legal Services Authority (Lok Adalats) Regulations , 2009 . {2) They shall come into force on the date ot their publication in the Official Gazette . 2 . Definition* . -In these Regulations , unless the context otherwise requires , - (a) Act" t" means the Legal Services Authorities Act , 1987 (39 of 1 987) . (b) 'Lok Adalats ' means Lok Adalats to be organized under Section 19 of the Act . (c) all other words and expressions used but not defined in these regulations and defined in the Legal Services Authorities Act , 1987 (39 of 1987) or the National Legal Services Authority Rules , 1995 shall have the meaning respectively assigned to them in the said Act or rules . 3 . Procedure for organizing Lok Adalats:- Lok Adatats may be organized by the State Authorities or District Authorities or Supreme Court Legal Services Committee or High Court Legal Services Committee or , as the case may be , the Taluk Legal Services Committees at regular intervals and such Lok Adalats shall be organised for a definite geographical area as the aforesaid Authorities or Committees think fit: Provided that h special Lok Adalats shall be organized tor all Family Courts at regular intervals The Member-Secretary or Secretary of the High Court Legal Services Committee or District Authority or , as the case may be , the Chairman of the Taluk Legal Services Committee may associate the members of the legal profession 

Rule TOC

1 · . Short title and commencement . -

2 · . Definition* . -In these Regulations , unless the context otherwise requires , -

3 · . Procedure for organizing Lok Adalats:-

4 · . Intimation to the State Authority:-The Secretary of theHigh Court Legal Services Committee or District Authority or Chairman of the Taluk Legal Services Committee , as the case may be , shall inform the State Authority about the proposal to organize the Lok Adalat , well before the date on which Ihe Lok Adalat is proposed to be organised and furnish the following information to the State Authority , namely:-

7 · . Allotment of cases to Lok Adalats. -

8 · . Holding of Lok Adalats . -Lok Adalats may be organised at such time and place and on such days , including holidays as the State Authority . High Court Legal Services Committee , District Authority , or the Taluk Legal Services Committee , as the case may be , organising the Lok Adalat deems appropriate ,

9 · . Jurisdiction of Lok Adalats. -Lok Adalats shall have the power only to help the parties to arrive at a compromise or settlement between the parties to a dispute and , while so doing , it shall not issue any direction or order in respect of such dispute between the parties .

10 · . Reference of cases and matters . -

11 · . Summoning of records and the responsibility for its safe custody . -

12 · . Pra-Lftlgatlon matters . -

13 · . Procedu re in Lok Ada lats. -

14 · . Administrative assistance . -Administrative assistance for facilitating Lok Adalat proceedings may be arranged by suitable institutions or persons engaged in providing legal services .

15 · . Formulatl ng comprom I ae or settlements . -The Lok Adalat may , at any stage of the proceedings , make proposal for a settlement of the dispute and such proposal need not be accompanied by a statement of the reasons therefor .

16 · . Commun Icatlon between Lok Adalat and parties . -

17 · . Award . -

18 · . Confidentiality —

19 · . Failure of Lok Adalat proceedings . -II a pre-litigatlon matter is not settled in the Lok Adalat , the parties may be advised to resort to other Alternative Dispute Resolution (ADR) techniques or to approach a court of law and in appropriate cases they may be advised about the availability of legal aid .

20 · . Compilation of results . -At the conclusion of session of the Lok Adalat , the officer designated by the Member-Secretary , the Secretary of the High Court Legal Services Committee , the District Authority or the Chairman of the Taluk Legal Services Committee , as the case may be . shall compile the results for submission to the State Authority in the proforma given in Appendix-IL

21 · . Maintenance of panel of names of Lok Adalat Members . -The Member-Secretary or Secretary of the High Court Legal Services Committee or District Authority or . as the case may be , the Chairman of the Taluk Legal Services Committee shall maintain a panel of names of retired judicial officers , advocates and social workers to work in LokAdalats .

22 · . Procedure for maintain record of cases referred under Section 20 of the Act or otherwise . -

23 · . Appearance of lawyers and the procedure to be followed in the cases before Lok Adalat . -The appearance of lawyers on behalf of the parties at the Lok Adalat shall not be barred and an effort shall be made to encourage the parties to be present personally . The lawyers may be advised to avoid wearing their robes and bands during the proceedings before the Lok Adalat .