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Wednesday, August 31, 2011

Lok Adalats

  ADR (Alternate Dispute Resolution ) system has been an integral part of our historical past. The concept of Lok Adalat (Peoples' Court) is an innovative Indian contribution to the world jurisprudence. The institution of Lok Adalat in India, as the very name suggests, means, People's Court."Lok"
stands for "people" and the term "Adalat" means court. India has a long tradition and history of such methods being practiced in the society at grass roots level.

In ancient times the disputes were used to be referred to “panchayat” which were established at village level. Panchayat’s used to resolve the dispute through arbitration. It has proved to be a very effective alternative to litigation.
                                 This very concept of settlement of dispute through mediation,negotiation or through arbitral process known as decision of "Nyaya-Panchayat" is conceptualized and institutionalized in the philosophy of Lok Adalat. It involves people who are directly or indirectly affected by dispute resolution.
                         The evolution of movement called Lok Adalat was a part of the strategy to relieve heavy burden on the Courts with pending cases and to give relief to the litigants who were in a queue to get justice.
                      The advent of Legal Services Authorities Act, 1987 gave a statutory status to Lok Adalats, pursuant to the constitutional mandate in Article 39-A of the Constitution of India. It contains various provisions for settlement of disputes through Lok Adalat. It is an Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal
opportunity.
               There is a Central Authority called the "National Legal Services Authority". Its patron is the Hon'ble Chief Justice of India. Its Executive Chairman is the senior most Judge of the Supreme Court of India.
                   So far as the State Legal Services Authorities are concerned, it is headed by a Patron-in-Chief who is none other than the Hon'ble Chief Justice ofthe High Court. In almost all the State Authorities, except perhaps one or two, a sitting Judge of the High Court functions as the Executive Chairman.
     
                                             Jurisdiction of Lok Adalat
                                       
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.
               The Lok Adalat can compromise and settle even criminal cases, which
are compoundable under the relevant laws.


  Organisation of Lok Adalat
                                   
               The State Authority and District Authority, Supreme Court LegalServices Committee, High Court Legal Services Committee and Taluk Legal Services Committee (mentioned in Section 19 of the Act) can organize Lok Adalats at such intervals and places as may be deemed fit.

- Every Lok Adalat so organized shall consist of:

(a) Serving or retired judicial officers,
(b) other persons, as may be specified.

The experience and qualification of “other persons” in a Lok Adalat conducted
by Supreme Court Legal Services Committee shall be prescribed by the Central
Government in consultation with the Chief Justice of India. At present, Rule 13
of the National Legal Services Authorities Rules, 1995 prescribes suchexperience and qualifications as:
(a) A member of the legal profession; or
(b) A person of repute who is specially interested in the implementation of the
Legal Services Schemes and Programmes; or
© An eminent social worker who is engaged in the upliftment of weaker sections
of people, including Scheduled Castes, Scheduled Tribes, women, children,
rural and urban labour.
The experience and qualification of “other persons” mentioned in clause (b) shall
be prescribed by the State Government in consultation with the Chief Justice of
High Court.
Cognizance of Pending Cases & Determination
                                       
A. On Application:
(I) When all the parties to the case agree for referring the case to Lok Adalat, or
(ii) When one of the party to the case makes an application to court, praying to refer the case to Lok Adalat and the court is prima facie satisfied that there are
chances for settlement
B. Suo Moto: Where the court is satisfied that the matter is an appropriate one
to be taken cognizance of, by the Lok Adalat.
Then, the court shall refer the case to the Lok Adalat, after giving a reasonable
opportunity for hearing to all the parties.
Further, the Authority or Committee organising Lok Adalat may, on application
from any party to a dispute, refer the said dispute to Lok Adalat, after giving a
reasonable opportunity for hearing to all the parties.
-Lok Adalat shall proceed to dispose of a case refereed to it expeditiously.
- Shall be guided by principles of law, justice, equity and fair play.
- Shall yearn to reach a settlement or compromise between parties.
- When no compromise or settlement is accomplished, the case is to be
returned to the court which referred it. Then the case will proceed in the court
from the stage immediately before the reference.
                                 
 Passing of the Award
                                       
-Every award of Lok Adalat shall be deemed to be a decree of a civil court.
-Every award shall be signed by all the parties to the dispute and the panel
constituting the Lok Adalat.
-Every award shall form part of the judicial records.
-Every award shall be categorical and lucid.
-Every award shall be in the regional language or in English.
-A certified copy of the award will be given free of cost, to all the parties.
-Every award made by 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.
-If a pending case is settled at Lok Adalat, any court fee already paid will be
refunded as provided by the Court Fees Act, 1870.


Powers of Lok Adalat
                                       
(1) The Lok Adalat shall have the powers of a civil court under the Code of Civil
Procedure, 1908, while trying a suit, in respect of the following matters:---
(a)Power to summon and enforce the attendance of any witness and to examine
him/her on oath.
(b)Power to enforce the discovery and production of any document.
(c)Power to receive evidence on affidavits,
(d)Power for requisitioning of any public record or document or copy thereof or
from any court.
(e)Such other matters as may be prescribed.
(2)Every Lok Adalat shall have the power to specify its own procedure for the
determination of any dispute coming before it.
(3)All proceedings before a Lok Adalat shall be deemed to be judicial
proceedings within the meaning of Sections 193, 219 and 228 of IPC
(4)Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec
195 and Chapter XXVI of Cr.P.C.                                       Permanent Lok Adalat
(Hereinafter mentioned as ‘PLA’ - Chapter VI A of the Act)
-Chapter VI A was newly added by Amendment Act, 2002, introducing the
concept of Permanent Lok Adalat.
-The Central or State Authorities may establish by notification, Permanent Lok
Adalats at any place, for determining issues in connection to Public Utility
Services.
-Public Utility Services include:
(1) Transport service,
(2) Postal, telegraph or telephone services,
(3) Supply of power, light and water to public,
(4) System of public conservancy or sanitation,
(5) Insurance services and such other services as notified by the Central or
State Governments.
-PLAs have the same powers that are vested on the Lok Adalats, mentioned
under Section 22(1) of the Act.

 Organisational Structure of Permanent Lok Adalat
                               
Chairman--
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, shall be the
Chairman.
Members---
Two other persons having adequate experience in Public Utility Service to be
nominated by Central Government on the recommendation of Central Authority
and by the State Government on the recommendation of the State Authority.        

Cognizance of Pending Cases by Permanent Lok Adalat
                                     
1. Any party to a dispute can apply to PLA for settlement of a dispute in respect
of a public utility service, which is not pending before any court.
2. PLA does not have jurisdiction to entertain disputes involving offences which
are not compoundable.
3. PLA does not have jurisdiction to entertain a matter where the value of the
property involved exceeds ten lakhs, which limit can be enhanced as provided
for.
4. Once, an application is preferred to PLA for determination of a dispute, no
party to such application can invoke the jurisdiction of any court in the same
dispute.
Procedure by Permanent Lok Adalat for Determination
                                       
Where the PLA receives an application for determination of a dispute,
1.The PLA should direct each party to file before it a written statement stating
therein, all the facts and the nature of the dispute, points or issues and the
grounds in support or opposition. PLA may require the parties to file additional
statements at any stage.
2.The party may also file any document or such other evidence, in proof of such
facts and grounds urged.
3.The copy of the written statement and the documents or such other evidence
filed has to be sent to the other parties to the application.
4.When the statement and additional statement and reply if any are filed, PLA
shall conduct conciliation process between parties to the application, as it thinks
fit, considering the circumstances of the dispute.
5.PLA should assist the parties in their attempt to reach an amicable settlement,
in an independent and impartial manner. Every party is duty bound to co-operate
in good faith, in the conciliation process.
6.If after the conciliation process, the PLA is of an opinion that there exists
elements of settlement in such proceedings, which may be acceptable to the
parties, PLA may formulate the terms of a possible settlement of the dispute andgive it for the consideration of the parties. If the parties are agreeable to the
same, they shall sign the same and PLA shall pass an award in terms of the
settlement agreement.
7.If the parties are not agreeable to the settlement formulated, if the dispute is
not an offence, then the PLA should decide the dispute on merits.
8.PLA shall, while conducting conciliation proceedings or deciding a dispute on
merit, shall be guided by the principle of natural justice, objectivity, fair play,
equity and other principles of justice.
9.The PLA, when deciding a dispute on merit, shall not be bound by the Code of
Civil Procedure, 1908 and the Indian Evidence Act, 1872.
10.Every award made by the PLA shall be by the majority of the persons
constituting the PLA.
11.The award rendered by PLA shall be deemed to be a decree of a civil court
and shall be final. The PLA may transmit the award to the court having local
jurisdiction for execution.

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