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KELSA - Kerala Regulations 1998


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CHAPTER VI  

 

CONSTITUTION OF LOK ADALAT

26.

Procedure for organising Lok Adalat :-
  1. The Member Secretary of the State Authority, the Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall convene and organise Lok Adalats at regular intervals.

  2. The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, may associate the members of the legal professions, college students, social organisations, charitable and philanthropic institutions and other similar organisations with the Lok Adalats.TOP 

27.

Intimation to the State Authority:-

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

  1. The place and the date on which the Lok Adalat is proposed to be organised;

  2. Whether any of the organisations as referred to in clause 26 (2) have agreed to associate themselves with Lok Adalat;

  3. Categories and nature of cases, viz. pending cases or pre-litigation disputes, or both, proposed to be placed before the Lok Adalat.

  4. Number of cases proposed to be brought before the Lok Adalat in each category;

  5. Any other information relevant to the convening and organising of the Lok Adalat.TOP 

28.

Notice to the parties concerned :-
  1. The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, convening and organising the Lok Adalat shall inform every party concerned whose case is referred to the Lok Adalat, well in time so as to afford him an opportunity to prepare himself for the Lok Adalat.TOP

29.

Composition of the Lok Adalat :-
  1. At High Court Level - The Secretary of the High Court Legal Services Committee organising the Lok Adalat shall constitute Benches of the Lok Adalats, each Bench comprising two or three of the following:-

    1. A sitting or retired Judge of the High Court.

    2. A serving or retired Judicial Officer;

    3. A member of the Legal Profession; and

    4. A Social Worker.

  2. At District Level - The Secretary of the District Authority organising the Lok Adalats, shall constitute Benches of the Lok Adalats, each Bench comprising two or three of the following:-

    1. A sitting or retired Judicial Officer;

    2. A Member of the Legal Profession; and

    3. A Social Worker or a person engaged in para legal activities of the area preferably a woman.

  3. At Taluk Level - The Chairman of the Taluk Legal Services Committee organising the Lok Adalat shall constitute Benches of the Lok Adalat, each Bench comprising two or three of the following:-

    1. A sitting or retired Judicial Officer;

    2. A Member of the Legal Profession; and

    3. A Social Worker or a person engaged in para legal activities of the area preferably a woman.TOP

30.

Summoning of Records and the Responsibility for its safe custody :-
  1. The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, may call for the judicial records of those pending cases which are referred to the Lok Adalat under Section 20 of the Act from the courts concerned.

  2. If any case if referred to the Lok Adalat at the pre-litigation stage, the version of each party shall be obtained by the Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, to be placed before the Lok Adalat.

  3. The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall be responsible for the safe custody of the records from the time he receives the same from the court till they are returned.

  4. The Judicial records shall be returned within ten days of the Lok Adalat irrespective of whether or not the case is settled by the Lok Adalat with an endorsement about the result of the proceedings.TOP

31.

Functioning of the Lok Adalat :-
  1. The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall assign specific cases to each Bench of the Lok Adalat.

  2. The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be may prepare a ‘cause list’ for each Bench of the Lok Adalat and intimate the same to all concerned at least two days before the date of the Lok Adalat.

  3. Every Bench of the Lok Adalat shall make sincere efforts to bring about a conciliatory settlement in every case put before it without bringing about any kind of coercion, threat or undue influence, allurement or misrepresentation.TOP

32.

Holding of Lok Adalat :-

A Lok Adalat 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. Taluk Legal Services Committee, as the case may be, organising the Lok Adalat deems appropriate.TOP

33.

Procedure for effecting compromise or settlement at Lok Adalat :-
  1. Every Award of the Lok Adalat shall be signed by the parties to the dispute and the panel constituting the Lok Adalat.

  2. The original Award shall form part of the judicial records and a copy of the Award shall be given to each of the parties free of cost duly certified to be true by the panel constituting the Lok Adalat.TOP

34.

Award to be categorical and Lucid :-
  1. Every Award of the Lok Adalat shall be categorical and lucid and shall be written in the regional language used in the local courts or in English.TOP

35.

Compilation of results :-

At the conclusion of session of the Lok Adalat, the Secretary of the High Court Legal Services Committee or 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.TOP

36.

Maintenance of Panel of names of Lok Adalat Judges :-

The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall maintain a panel of names of the retired Judicial Officers, Advocates and of Social Workers etc. possessing qualification and experience prescribed under Rule 13 of the Kerala State Legal Services Authority Rules, 1998, to work in Lok Adalats.TOP

37.

Honorarium to Presiding Officers and members of the Lok Adalats :-
  1. The Presiding Officers other than sitting Judicial Officers and members of Lok Adalats shall be entitled to honorarium at the rate of Rs.250/- and Rs.150/- each per day, respectively. 

  2. The sitting Judicial Officers attending or associating with Lok Adalats on public holidays shall be given honorarium at the rate of Rs. 350/- per day.

  3. When the services of retired Judicial Officers are obtained from outside the District, due to non-availability of such persons in the district concerned, they shall be paid honorarium as fixed by the Chairman of the District Legal Services Authority concerned in consultation with the Member Secretary, not exceeding Rs.400/- per day”.TOP

38.

Procedure for maintaining record of cases referred under Section 20 of the Act or otherwise :-

  1. The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall maintain a Register wherein all the cases received by him by way of reference to the Lok Adalat shall be entered giving particulars of the –

    1. date of receipt;

    2. nature of the case;

    3. such other particulars as may be deemed necessary; and

    4. date of settlement and return of the case file.

  2. When the case is finally disposed of by the Lok Adalat, an appropriate entry will be made in the Register.TOP

39.

Appearance of Lawyers and the Procedure to be followed in the cases before Lok Adalats :-

  1. The appearance of lawyers on behalf of the parties at the Lok Adalat is not barred.

  2. No fee shall be levied from the parties for settlement of disputes in the Lok Adalat.TOP

40.

Procedure for applying for Legal Services :-

  1. Any person desirous of receiving legal services may make an application in Form No.1 to the High Court Legal Services Committee, District Authority or the Taluk Legal Services Committee, as the case may be.

  2. The Chairman or the Secretary of the High Court Legal Service Committee or the District Legal Services Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, on receipt of such application consider the eligibility under Section 12 of the Act and thereafter place the matter before the Authority or Committee as the case may be, for appropriate orders regarding entitlement to Legal Services:

Provided any such application received by the State Authority shall be forwarded to Legal Authorities or Committees concerned for appropriate action.TOP

 


 
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