1. LOK ADALAT SCHEME ,1997

BHOPAL,   THE 3RD JANUARY, 1998

F.No. 38 & Estt—SLSA 97. In exercise of the powers conferred by clause (g) of Section 2 read with Clauses (g) of Section 2 read with Clauses (a) and (b) of sub-section (2) of Section 7 of the Legal Services Authorities Act, 1987 (No.39 of 1987), the State Authority hereby makes the following scheme namely-

Definitions 3.Procedure for organising Lok Adalat 4.Notice of the parties concerned 5.  Composition of the Lok Adalat
6.Summoning of Records and the responsibility for its safe custody 7.Functioning of the Lok Adalat 8.Holding of Lok Adalat 9. Procedure for effecting compromise or settlement at Lok Adalat
10. Award/Order to be categorical and lucid 11.Compilation of results 12.Remunerations to officers & staff of the Lok Adalat 13.Procedure for maintaining record of cases referred under section 20 of the Act or otherwise
14.Budget 15. Maintenance of Accounts 16.Funding

This Scheme may be called the Lok Adalat Scheme, 1997.

 

 

 

 

 Definitions :

In these Rules, unless the context otherwise requires –

(a)   Act" means the Legal Services Authorities Act, 1987 (No.39 of 1987);

(b)   Chairman" means the Executive Chairman of the State Authority, or, as the case may be, the Chairman of the District Authority, or, as the case may be, the Chairman of the Taluk Legal Services Committee;

(c)  District Authority" means the District Legal Service Authority constituted under Section 9 of the Act;

(d)  High Court Legal Services Committee" means a High Court Legal Services Committee constituted under Section 8-A of the Act or the Sub-Committee of the High Court Legal Services Committee constituted under Regulation 5(f) of the Madhya Pradesh Legal Services Authority Regulations ,1997;

(e)  Patron-in-Chief" means the Chief Justice of the Madhya Pradesh High Court;

(f)  State Authority" means the State Legal Services Authority constituted under section 6 of the Act.

(g)  Taluk Legal Services Committee" means a Taluk Legal Services Committee constituted under Section 11-A of the Act;

(h) Words and expressions used in this scheme but not defined shall have the meaning respectively assigned to them in the Act.

 

 

 

 

 

 

 

 

 3. Procedure for organising 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 convene and organise Lok Adalats at regular intervals;

Provided that the Secretary of the High Court Legal Services Committee of the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall convene a Lok Adalat as soon as sufficient number of cases referred to it under section 20 of the Act of otherwise are available for being taken up.

(2) Intimation to the State Authority :-

(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 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- 

      (i) The place and the date at which the Lok Adalat is proposed to be organised;

      (ii) Categories and subjectwise nature of cases, viz pending cases or   prelitigation disputes, or both, proposed to be placed before the Lok Adalat;

      (iii) Number of cases proposed to be brought before the Lok Adalat;

      (iv) Any other information relevant to the convening and organising of the Lok Adalat.

 

 

 

 

 

 

 

4. Notice of the parties concerned :-

(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, convening and organising the Lok Adalat shall inform every litigant, whose case is referred to the Lok Adalat, well in time so as to afford him, on opportunity to prepare himself for the Lok Adalat.

Explaination: - In pending matters, notice to the Counsel may be treated as information to litigant.

 

 

 

 

 

 

 

 

 

 

5.  Composition of the Lok Adalat :-

(1) At High Court level : The Secretary of the High Court Legal Services Committee Organising the Lok Adalat shall with the approval of the Chief Justice constitute Benches of the Lok Adalats, each bench comprising two or three of the following –      

(i) A sitting or retired judge of the High Court;

(ii) A member of the legal profession; and

(iii) Any other eminent person in the field of law or a social worker.

(2) At District Level :   The Secretary of the District Authority organising the Lok Adalat shall with the approval of the chairman constitute Benches of the Lok Adalats each Bench comprising two or three of the following:-

(i) A sitting or retired Judicial Officer;     

(ii) A member of the legal profession; and      

(iii) Any other eminent person in the field of law or a social worker.

(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:-

(i) A sitting or retired Judicial Officer;  

(ii) A member of the legal profession; and   

(iii) A social worker or para legal of the area.

 

 

 

 

 

 

 

6. 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 judicial records of those pending cases which are referred to the Lok Adalat under Section 20 of the Act from the concerned Courts.

(2) If any matter is referred to the Lok Adalat at the prelitigation state, 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 them from the court till they are returned.

(4) Each Judicial authority to co-operate in transmission of the Court records.

(5) The Judicial records shall be returned immediately after holding 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.

 

 

 

 

 

 

 

 

7. 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 cases to the benches of the Lok Adalat after obtaining orders from the Chairman, as the case may be.  

(2)  Every Bench of the Lok Adalat shall make sincere efforts to bring about a conciliatory settlement in every case put before it without any duress threat or undue influence, allurement or misrepresentation.

(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, may prepare a cause list’ for each bench of the Lok Adalat and the same shall be duly notified to all concerned.

 

 

 

 

 

 

 

 

 

 

8. Holding of Lok Adalat :-

(1) A Lok Adalat may be organised at such time and place, on closed Saturdays. Sundays and holidays as the State Authority,   District Authority, Taluk Legal Services Committee, as the case may be, organising the Lok Adalat deems appropriate.

(2) The High Court Legal Services Committee may organise Lok Adalats at such time and place ,as it deems fit or as may be separately prescribed.

 

 

 

 

 

 

 

9. Procedure for effecting compromise or settlement at Lok Adalat:-

(1) Every Award or order of the Lok Adalat shall be signed by the panel constituting the Lok Adalat.

(2) The original award or order shall form part of the judicial records and a copy of the award or order shall be given to each of the parties duly certified to be true by the Bench of Lok Adalat.

 

 

 

 

 

 

 

10.    Award/Order to be categorical and lucid :-

(1) Every Award or order of the Lok Adalat shall be categorical and lucid and shall be written in the language used in the local courts.

(2) The parties to the dispute shall be required to affix their signatures or, as the case may be, thumb impression on the award or order of the Lok Adalat.

 

 

 

 

 

 

11. Compilation of results :-

At 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 Service Committee, as the case may be, shall compile the results in the Annexed proforma for submission to the State Authority.

 

 

 

 

 

 

 

12. Remunerations to officers & staff of the Lok Adalat :-

(1) Every member of the Bench of Lok Adalat shall be entitled to conveyance allowance, as may be fixed by the Patron-in Chief.

(2) The Presiding Officer of the Lok Adalats held at Taluk and District Levels shall also be entitled to honorarium at the rate as may be fixed by the Patron-in-chief.

(3) The Presiding Officer for the Lok Adalats held at High Court Level shall also be entitled to honorarium at such rates as may be fixed by the Patron-in-Chief.

(4) The staff of the Lok Adalats held at High Court,District and Tehsil levels Shall also be entitled to renuneration at such rates as may be fixed by the Patron-in-Chief.

(5) The Judicial Officer and Staff of the Lok Adalats organized at Taluk/Tehsil and District levels after Court hours,shall also be entitled to Honorariun/Renuneration at such rates as may be fixed by the Patron-in-Chief.

 

 

 

 

 

 

 

 

13. 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 –

(i) Date of receipt;

(ii) Category and subjectwise nature of the case;

(iii) Such other particulars as may be deemed necessary; and

(iv) 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.

 

 

 

 

 

 

14. Budget :-

(1) The High Court Legal Services Committee and the District Authority shall submit the Budget proposals to the State Authority on financial year basis in respect of the Lok Adalat Scheme.

(2) The Taluk legal Services Committee shall submit the Budget proposals to the District Authority of financial year basis in respect of the Lok Adalat Scheme.

(3) The expenditure for Lok Adalat Scheme shall constitute ‘Plan’ expenditure and may be made out of the grants received by the High Court Legal Services Committee and the District Authority and the Taluk Legal Services Committee, as the case may be.

 

 

 

 

 

 

 

 

 

15.  Maintenance of Accounts :-

 (1) The Chairman of the High Court Legal Services Committee or the District Authority or the Taluk Legal Service Committee, as the case may be, shall exercise complete and full control over the expenditure to be incurred on the Lok Adalats.

 (2) The Secretary of the High Court Legal Services Committee or the District Authority, as the case may be, shall render true and proper accounts to the state Authority every quarter.

(3) The Chairman of the Taluk Legal Services Committee shall render true and proper accounts to the District Authority every month.

 

 

 

 

 

 

 

 

 

16. Funding :-

On a request received from the High Court Legal Services Committee or the District Authority or the Taluk Legal Services Committee, as the case may be, the State Legal Service Authority may release special grants for convening and holding of Lok Adalats, if considered necessary.

(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 provide all assistance as may be necessary to the Lok Adalats.

(2) Lok Adalats shall be held in a non ceremonial manner.

 

 

 

 

 

 

 

PROFORMA

For Disposal of cases in Lok Adalat

 
S.No Name Date of holding

No. of cases Disposed of

   Place of   Lok Adalat
       Civil    Claims   Criminal  
  1   2   3    4       5   6
             
             
             
             
Total.

 

 

 

 

 

 

 

 

 

 

INSTRUCTION TO ORGANISE PERMANENT AND CONTINOUS LOK ADALAT UNDER LOK ADALAT SCHEME,1997

INTRODUCTION :-F.No-38 Estt. SLSA 99-In exercise of the powers conferred by clause (g) Section 2read with clause (a) & (b) of sub-section (2 ) of Section 7 of the Legal Services  authority,has framed Lok adalat Scheme 1997 which has already been published in the Madhya Pradesh Rajpatra Part 4(c) deated 9th Janaury 1998.the State authority hereby issues the following instuctions to organise Permanent and Continuous Lok adalat under this Scheme namely :-

 

 

 

 

 

 

 

 

 

 

Part I FOR HIGH COURT

Procedure for organising permanent and continuous lok Adalat

(1) For high Court there shall be a column in the Computer Sheet nemely whether party would like to refer the matter to the Lok Adalt;

(2) In daily cause list there should be a clasification of those cases regarding which any proposal of settlement through Lok dalat has been made by any party or a counsel;

(3) Such cases which are includeed in daily cause list shall be listed    before the appopriate Bench of the High Court & the counsel representating the party can give their consent for this purpose.Thereafter,Registry will issue S.P.C. to party concerned and the matter will be refered to Lok Adalat;

(4) If there is a prayer for any interim relief in any matter in which any of the Lok Adalat,such matter shall be listed before the appropriate Bench of the High Court for consideration of interim relief and Thereafter,,the matter may be referred to Lok Adalat;

(5) In pending cases if there is a proposal for settlement or after hearing both the parties if the Bench of High Court feels that there are chances of amicable settlement between any parties then such matter can be referred to Lok Adalat;

(6) (1) A continous Lok Adalat may be organised in the High Court at any of the following days :-

(i)Any Saturday (working or non working) or Sunday ;

(ii) Any working week day after Court hours;

(2) The High Court Legal Services Committee shall endeavour to hold as many Lok Adalats as possible in a month ,to achieve the ultimate goal of having a contionuous daily Lok Adalat.

(3) The  Lok Adalats organised by the High Court Legal Services Committee shall consist of two members as follows:-

(i)  A sitting or a retired High Court Judge .     

(ii) A member of Legal profession or an eminent person in the field of law or a Social Worker

(4) The Secretary ,High Court Legal Services Committee shall be responsible for organising the Lok Adalat at the Main Seat and the Registrar of the respective Benches will be responsible for organising the Lok Adalat for the respective Bench.The members of the respective Lok Adalats shall be nominated by the Chairman of the Co-Chairman of the High Court Legal Services Committee.

 

 

 

 

 

 

 

 

Part II FOR DISTRICT AUTHORITIES

1. (a)  At every District headquater atleast one Additional    District Judge & aslo a Civil Judge,Class I should be nominated to hold Lok Adalat on a permanent basis.Such Lok Adalat shall hold its sitting  on non-working Saturday are Sundayor on such other day as may be specified by the Chief Justice of the High Court,as the case may be.

        " Provided that any Vrahad Lok Adalat can be organized ona sunday with the prior concurrence of the Executive Chairman ".

        " Provided further that Lok Adalat can also be organized after Court hours on such day as may be specified by the Chief justice of the High Court .

(b)  Each Bench of the Lok Adalat at District level be constituded comprising two or three of the following:-

(i)  Serving Judicial Officer.

(ii)   Any eminenet person in the field of Law or a social worker.

(iii) A member of Legal Profession.

Such Bench or Bencherof Lok Adalat shall be assisted by Class III and Class IV staff members of the court of concerning Presiding Officer

At district headquater,Secretary of the district Authority with the prior approval of the Chairman shall shall constitute  Bench or    Benches of the Lok Adalat.

2. (i)A party desireous of his dispute to be decided by amicable settlement before instituting the case in Court,shall file its case before Secretary of the concern ed Committee .No Court fees shall be paid on  such suit or petition.

(ii)  After presentation of the suit it will be registered as a case for conciliation.

(iii)   After registeration of the case ,if opposite party is not present,then notice shall be issuesd to opposite party/parties directing it/them to appear before the  Bench Lok Adalat ,but no coercive processes shall be issuesd to compel the appearance of  the parties.To ensure the service of notices, the same may be issuesd by registered post at the expenses of the District Authority /Taluka Committee as the case may be.

3. If any of such  parties is not repesented by a counsel ,the Bench of Lok Adalat shall provide the assistance of the Legal Aid Officer to such    party/parties to prepare  and submit their case before the Bench of Lok Adalat   and assist them and also the Bench of  Lok Adalat  in arriving at compromise between the parties.

4 The Bench of  Lok Adalat arrive at a amicable settlement between the parties within a reasonable time as far as possible within 3 months,from the date of appearance of opposite party.-

(i) The Bench of  Lok Adalat shall pass such Legal order or award on the basis of the settlement arrived at between the parties,as it may deem proper in the ends of justice.

(ii) The Bench  shall have no right to recored any evidence.But after perusing the pleadings,documents and other material avilable on the recored between the parties

(iii) After making al possible efforts by the parties andthe bench,if the dispute could not be settled amicable,the bench shall advise the party/petitioner to seek his remedy in the competent court of law having jurisdiction.

Any order/awrd passed by Lok Adalat in prelitigation and pending cases,its execution application shall be presented to the court having jurisdiction in the matter.

 

 

 

 

 

LEGAL LITERACY CAMP, SCHEME 1999 JABALPUR, 30 AUGUST 1999

F.No-38 Estt. SLSA 99-In exercise of the powers conferred by clause (g) Section 2 read with clause (c) & (d) of sub-section (2 ) of Section 7 of the Legal Services  authority Act 1987(No 39 of 1987),.the State authority hereby frame  following Lok adalat Scheme namely :-

Definition Objects Identification of area Constitution of "Saksharata Dal Constitution of Saksharata Dal for District Legal Srvices Committee
Constitution of "Saksharata Dal for Tehsil  Legal Services Authority Place & date of organisation of Vidhik Saksharata  Shiver Constitution of Saksharata Dal for High Court Legal Srvices Committee Organization of the Shiver

EXTRACT OF RESOLUTION OF THE MEETING OF M.P.STATE LEGAL SERVICE AUTHORITIES

 

 

 

 

 

1. Short title

This Scheme may be called the Legal Literacy Camp, Scheme, 1999.

2.Definition 

In this scheme, unless the context otherwise requires-

Legal Aid means, providing lawyers to those who are unable to pay fees for the Legal Services, Legal Aid means not only Legal representation in court cases but also include legal advice, counselling, arbitration and conciliation, creation of legal awareness about their rights duties and obligations etc. in the other word to ensure protection of legal and constitutional rights of the under privileged the poor, the neglected and the indigent, its objects is to make it impossible for any men, women or child to be denied the equal protection of laws simply because he or she is poor or indigent person.

Our constitution promises equal justice to all citizens. The promise of equal justice in our democratic society requires us to dedicate ourselves to the great task of converting that promise in to reality because millions of our citizens claim redress against injustice in one form or another. One of the fundamentals of a true democracy that its citizens should be educated in their legal rights and that they should also be entitled to legal assistance in the assertion or defence of their rights.

Therefore, the emergence of legal literacy should essentially be seen in the ongoing process of socialization of laws and legal process Legal literacy implies basic awareness regarding laws and legal process for common man as an aid to equipping the person for a meaningful participation in the process of development.

 

 

 

 

 

 

3. Objects 

 The objectives of the State Legal Services Authority regarding legal literacy camp are as follows:-

(i) To formulate guidelines for contents of legal literacy materials.

(ii) To consider the use of visuals in legal literacy materials with a view to supporting or illustrating the elgal concepts or legal processes;

(iii) To undertake preparation of sample materials on legal literacy;

(iv) To review the existing materials on legal literacy;

(v) To organise the Legal Literacy Camps known as "Vidhik Saksharata Shivir" in rural areas as well as in urban slums;

(vi) To provide the information about all schemes launched by State Government as well as Central Government and all statutory laws rules etc. to the weaker section of the society including scheduled tribes, scheduled castes, backward class, agriculturists and labourers, which are made for protection of their interests.

 

 

 

 

 

 

 

 

 

 

 

4. Identification of area

The High Court Legal Service Committee, District Legal Services Authority Tehsil Legal Services Committee shall choose the rural area as well as urban areas for organising the Legal Literacy Camps in its district.

 

 

 

 

 

 

 

 

 

 

5.Constitution of "Saksharata Dal"

Subject to the approval of the Executive Chairman High Court Legal Services Authority the High Court Legal Services Committee, District Legal Services Authority, Tehsil Legal Services Committee shall constitute the literacy tem known as "Saksharata Dal" for each area.

 

 

 

 

 

 

 

 

 

 

 

 

6. Constitution of Saksharata Dal for High Court Legal Services Committee

 The "Sakasharata Dal" shall consist of the following Ex-officio Members:-

Chairman H.C.L.S.C. Chairman
Secretary, H.C.L.S.C Secretary
President, High Court Bar Association Member
Director/Joint Director Publicity Member
District Legal Aid Officer  Co-ordinator

 

(1) The Chairman of the High Court Legal Services Committee in consultation with the Chief Justice of the M.P. High Court shall nominate other note more than 7 members from those persons who possess the following experience and qualifications which shall include atleast one member each from Scheduled Castes, Scheduled Tribes. Other Backward Classes Women, Law Student, Law Teacher and Disabled Persons:-

 (a)  an eminent social worker who is engaged in the upliftment of the weaker section of the people including Scheduled Castes, Scheduled Tribes, Other Backward Classes, Women, Children, minority, Rural and Urban labour; or

(b)   an eminent person in the field of law; or

(c)   a person of repute who is specially interested in the implementation of the legal awareness scheme; or

(d)   a person who is involved or was involved to educational field; or

(e)   Law students who are involved in the scheme envisaged by the Act. Rules and Regulations there under.

(2) Term of office and other conditions of appointment of the Saksharata Dal of High Court Legal Service Committee.-

(i)   Term- The term of office of the members of the High Court Legal Saksharata Dal shall be for two years and they shall be eligible for re-nomination for one more term.

(ii)   Removal.- A member of the High Court Legal Saksharata Dal may be removed by the Chairman of the High Court Legal Services Committee with the consultation of the Chief Justice, if :-

(a)    he fails without sufficient cause, to attend three consecutive meetings of the High Court Legal Saksharata Dal Committee;

(b)    has been adjudged as an insolvent; or

(c)     has been convicted of an offence which in the opinion of the Chairman involves moral turpitude; or

(d)    has become physically or mentally incapable of acting as a member; or

(e)     has so abused his position as to render his continuance in the High Court Legal Saksharata Dal is prejudicial to the public interest:

 Provided that, no such member shall be removed from the High Court Legal Saksharata Dal without providing reasonable opportunity of being heard.

(iii) Resignation- A member may be writing under his own hand addressed to the Chairman resign from the High Court Legal Saksharata Dal and such resignation shall come into effect from the date on which it is accepted by the Chairman of the High Court Legal Services Committee or on the expiry of 30 days from the date of tendering resignation, whichever is earlier.

(iv) Vacancy- If any member nominated under the High Court Legal Saksharata Dal for any reason, the vacancy shall be filled up in the same manner as the original nomination and the person so nominated shall be a member for the remaining term of the member in whose place he is so nominated.

(v) Allowances- Subject to the provisions all members nominated shall be entitled for travelling allowance and daily allowance in respect of journeys performed in connection with the Meeting/Camp held by the High Court Legal Saksharata Dal and shall be paid at such rates as may be admissible to a Class one Officer while travelling on official duty or as may be specified by the High Court Legal Services Committee. If a member is a Government employee, he shall be entitled to draw the travelling allowance and daily allowance at the rate to which he is entitled under the Service Rules applicable to him and shall draw from the department in which he is employed.

(vi) Secretary- The Secretary of the High Court Legal Services Committee or the person nominated by the Chairman of the High Court Legal Saksharata Dal shall be the Secretary of the High Court Legal Saksharata Dal.

(3)   Functions of High Court Legal Saksharata Dal.-

(i)   It shall be the duty of the High Court Legal Saksharata Dal to give effect to the policy and directions of the State Authority with regard to Legal awareness.

(ii)    Without prejudice to the generality of the functions of the  High Court, the High Court Legal Saksharata Dal shall perform all or any of the following functions, namely:-

(a) hold Legal Literacy Camps to promote legal awareness in the society specially to illiterate and the weaker sections of the society.

(b) publish/distribute pamphlets, booklets and other news letters for legal awareness.

(c) establish and control Para Legal Clinic to promote legal awareness.

(d) to arrange seminars and the workshops to that effect.

(e) take appropriate measures for spreading legal literacy and legal awareness amongst the people in particular to educate weaker section of the society about their rights, benefits and privileges guaranteed by the Constitution and by social welfare legislations and other enactments as well as administrative programmes and measures etc.

(f) To take special efforts to collect the support of Voluntary Social Welfare         Institutions working at the grass roof level. Particularly among the Scheduled Castes and the Scheduled Tribes other Backward Classes. Women and Rural and Urban Labour segment.

(g) To produce video/documentary films, publicity material, literature and publications to   inform general public about the various aspects of the Legal Services Programmes. 

 

 

 

 

 

 

 

 

7.  Constitution of Saksharata Dal for District Legal Services Authority

(1) The Saksharata Dal shall consist of the following Ex-officio Members:-   

The District Judge of the concerned District. Chairman
President District Bar Association. Member
Chief Judicial Magistrate in the district where the hadquarter  of District Judge and Chief Judicial Magistrate is not the same the  senior most Additional Chief   Judicial Magistrate at District Judge Headquarter. Member
Deputy Director,Panchayat &Social Justice Member
 Public Relation Officer  Member
District Legal Aid Officer Secretary

The Chairman of District Legal Services Authority may, in consultation with the Executive Chairman. State Legal Services Authority nominate other not more than 7 Members from those persons who possess the same experience and qualifications as prescribed for the members of Saksharata Dal of the High Court which shall include atleast one member each from Scheduled Castes, Scheduled Tribes, Other Backward Class, Women, Law Students, Law Teachers and Disabled person.

(2) Term of the office and other conditions of appointment of the District Saksharata Dal and function of Saksharata Dal shall be the same as prescribed for the Saksharata Dal of the High Court Legal Services Committee.

 

 

 

 

 

 

 

 

 

 

 

8. Constitution of Saksharata Dal for Tehsil Legal Service Committee

(1)      The Saksharata Dal shall consists of the following Ex-officio Members:-

Senior Most Judicial Officer posted in  Tehsil. Chairman
Sub-Divisional Officer (Revenue) Secretary
President Tehsil Bar Association  Member
Adhyaksha, Janpad Panchayat Member
District Legal Aid Officer Co-ordinator

(2) The Chairman of the District Legal Services Authority may, in consultation with the Executive Chairman, State Legal Services Authority nominate other (not more than 7 members) from those persons who possess the same experience and qualification as prescribed for the Members of the Saksharata Dal of the District Legal Service Authority which shall include atleast one member each from Scheduled Castes, Scheduled Tribes, Other Backward Classes, Women, Law Student, Law Teacher (if available) and disabled person.

(3) Term of the office and other conditions of appointment of Tehsil Saksharata Dal and functions of the Saksharata Dal shall be the same as prescribed for the Saksharata Dal of the District Legal Services Authority.

 

 

 

 

 

 

 

 

 

 

 

 

9.  Place and Date of organisation of Vidhik Saksharata Shivir 

For organising the Vidhik Saksharata Shivir in any area the place of Shivir shall be selected by the High Court Legal Services Committee, District Legal Services Authority, Tahsil Legal Services Committee as the case may be which shall mainly be a public place, Date of organising the Shivir shall be fixed by the High Court Legal Services Committee, District Legal Services Authority, Tahsil Legal Services Committee as the case may be and priority shall be given to the local market day of the area.

 

 

 

 

 

 

 

 

 

 

 

10. Organisation of the Shivir

(1) About one hundred persons, who are residents of that area should be invited for getting the legal knowledge/ information of schemes in a Legal  Camp.

(2)  The media may be requested to render necessary assistance for publicity the safe Legal Services Authority will take up this matter with the local centres.

(3) The Co-ordinator of the Saksharata Dal (District Legal Aid   Officer) shall arrange all the appropriate Ayojan before one week of such Shivir i.e. by Cinema Slide, Pamphlets, Posters, through local newspapers, etc. publicity may also be done by beating of drums in every village in the guidance of Revenue Officer.

(4) Chief Justice/Patron-in-Chief, Executive Chairman, State Legal Services Authority, Chairman, High Court Legal Services Committee, Member-Secretary, State Legal Service Authority, Secretary, High Court Legal Services Committee, Chairman District Legal Services Authority, Chairman, Tehsil Legal Services Committee all local officer/workers of the different department of the State Government/Central Government who are related with the welfare schemes may be invited in Shivir to deliver lectures and discuss the following contents of Legal Literacy:-

(a) Constitution Preamble, fundamental rights and duties,Directive principles of the State Policy constitutional remedies.
(b) Family Law Marriage, Divorce and Separation, main-tainance inheritance and succession, Dowry  related law etc.
(c) Civil Laws Property rights, stay, specific performance, Damages, Compensation for the Accident law of negligence or nuisance etc.
(d) Criminal Law General.
(e) Welfare Legislation Bonded labour (abolition) consumer protection, Adulteration (Food and Drugs) Environment Protection etc.
(f) Procedural Justice How to get justice, jurisdiction of Courts  right to sue, arrest and bail, search and seizure, right to legal aid etc.
(g)   Law relating to the persons with disabilities. How to get equal opportunities protection of right and full participation.

(5) Essential literature, brochures, pamphlets, booklets etc. regarding schemes should be displayed/distributed in the Shivir with the assistance of concerning departments and other Legal Literacy material should also be displayed/distributed by the co-ordinator of the Shivir.

(6) Chairman/Members of the Saksharata Dal and all other respected invites will  have discourse on various subjects as referred to above.

In addition to above, salient feature of the provision of Section 12 of Legal Services Authority Act, 1987 and relevant provisions of the regulations with regard to Legal Aid, Legal Services should be highlighted. It should be emphasised that, legal Services does not only include providing assistance to any deserving poor litigent in pending matter but it also includes Legal Services for any pretrial and post- trial matters. Further, the deserving persons shall also be legally assisted with regard to their problems relating to other Government agencies who are not giving required relief to such persons to which they are entitled, "Moot Courts" may also be held.

It these camps an attempt may be made to provide maximum Legal advice to the needy persons.

 

 

 

 

 

 

 

 

 

EXTRACT OF RESOLUTION OF THE MEETING OF M.P.STATE LEGAL SERVICE AUTHORITIES

Authorisation  for appointment of Secretaries

1. It is resolved that the Chairman, District Authorities be hereby authorised to appoint the Secretaries of the District Legal Services Authorities from amongst Civil Judges Class-I/Class-II Posted at District Headquarters. 

Authorisation for drawal of salary & other allowances.

2. It is also resolved that the Chairman, District Authorities be authorised to draw the  salary and other allowances of the officers and staff of the District Authorities after necessary budgetary allotment made to them well in advance with the approval of the Executive Chairman.

Guidelines for fee to Legal Services Advocate.

3. Guidelines of the Fee to paid to Legal Services  Advocate issued by the State Authority:-

For District Court

Sessions Trial Rs. 1100/-
Other than Sessions trials Rs.   550/-
Civil cases Rs.   550/-
Typing and misc. charges Rs.   150/-

In case the District Authority finds that the case is of higher valuation and is of the complicated nature and the lawyer should be paid more remuneration, then the Executive Chairma n may sanction higher remuneration.

For High Court

Criminal cases :  

Cases to be heard by Division Bench

Rs. 1100/-

Cases to be heard by Single Bench

Rs. 550/-
Civil cases : Rs. 550/-
Typing and Misc. Charges Rs.200/-

In case it is certified by the Chairman of the High Court Legal Services Committee that looking to the complicated questions of law involved in the case, the Advocate requires to be paid higher remuneration, then the Executive Chairman may increase the remuneration reasonably.

 

 

 

 

 

 

 

 

 

 

LITIGATION FREE VILLAGE SCHEME

The philosophy of administration of Justice during British period had in the beginning a different history and magisterial function was authorised for being discharged by the native people as Britishers were not aware of local language and local customary laws and also they had a lurking fear that the punishment of the member of the native population could lead to agitation. However after the Courts reorganisation in the year 1861 the justice was administered  at the higher level by the trained judges and the entire judicial system shaped differently and the peoples court entered into arena of lessening importance until it was eclipsed.

After Independence the constitutional scheme madejustice in its true aspects social economic and political - the highest imperative of freedom Pt. Nehru about the judicial system said:

"We must realise that in 19th Century the system has passed away and no application to the person day needs ------------------------ It has to give away and be scrapped as obsolescent material."

It infact, was a warning for becoming creative and developing activist approach to endeavour to overhaul old mythodology and to satisfy to constitution commitment for administration of Justice with participation of people in the process of equal justice and make each and every person living even at the grass root level involved and accountable in justice disbursement process. At present a realisation has to be developed for rationalising the judiciary to the tune of time accepting the reality otherwise the fast approaching state, where the heavy cases load may at any stage lead it to come to halt. The judicial system obligates to promote happiness by settling the dispute at the quickest but the obligation on account of heavy work load on the courts is meeting failure. The dawn of independence brought many golden things to the people of India including restructuring of Judicial system so to make legal relief easily accessable to the indigent and backward class of people living in villages . About the present judicial system Mahatama Gandhi said.

"India lives in her villages and most of the countryside is smeared  with poverty and   social squalor . Today the poor and disadvantaged are cut off from the legal system- they are functional out laws not only because they are priced out of judical system by a reason of its expansiveness and dialatoriness but also because of the nature of the legal and judical system. They have distrust and suspicion of the law.the law courts and the lawyers. for several reasons There is an air of excessive formalism in law courts which overowes them and sometimes scares them .They are completely mystified by the courts proceedings and this to a large extent alienates them from the legal and judicial process. The result is that it has failed to inspire confidence in the poor and they have little faith in its capacity to do justice "

Dr. Ambedkar said about economic disabilities and social inequality : 

" We must begin by the acknowledging the fact that there is complete absence of two things in Indian society. One of these is equality. On the social plane. we have in India a society based on the principles of graded inequality which means elevation of  some and degradation of others. On the economic plane. we have some. who have immense wealth as against many who are living in abject poverty. On January   26,1950, we are going to enter into a life of contradictions. In politics, we will have equality and in social and economic life we will have inequality--------- we must remove this contradiction or else who suffer from inequality will blow up the structure of political democracy. which the Assembly has so laboriously built up"

At present a new legal system equipped with new technology, new judicature models, new remedy so to make the people rights & duties aware and respector of law and law  abiding creating atmosphere of happiness, is the necessity per the constitutional order.

It is rightly acknowledged that there can be a Kingdom without army but there cannot be a kingdom without courts of justice. Brennan in the case of lllinois Vs Allen, cautioned the whole world in following words :-

" Nation cannot endeavout if it falls short on the guarantee of liberty. justice and equality embodied in our founding document. if that resolution cannot be reached by judicial trial in a court of law it will be reached elsewhere and by other means, and there will be grave danger that liberty equality, and the order essential to both will be lost".

The preamble of the constitution speaks for securing trika of justice. In order to accomplish the goal of imaparting justice to all, the judicature has been made a paramount institution of national life and assigned a major role to work as an active member of the tenuity of the state instrumentalities. Article 38 accordingly obligates the court to be activist for the dynamic equal justice. The judicial process is, thus constitutional fundamental and embraces the weak and the meek, the suppressed and the repressed who are the real consumers. That is why the Article 39-A brings out vividly. What is latent in article - 14. So far as the philosophy of equal justice is concerned the former Chief Justice of India Justice E.S.Vainkatramaiya once observed-

"The problem of delay and backlog was rightly to put the functioning of constitutional Govt. in disarray." 

Lok Adalat, a voluntary institution which is outcome approach of activist judiciary and works on equitable principle rather then legal and technical consideration and its basic purpose is not to impose the justice  but the people are awakened to their own rights and duties, vis-à-vis right and duties of others and on this principle the concept of litigation free village was developed which idea germinated for the first time, with effectiveness, with the efforts of M.P. State Legal Services Authority where it was realised that it isolated cases are got settled through Lok Adalats than it only adds to the figure chart of the cases settled through Lok Adalat, but gives no message to the society in regard to awareness of the people to their own rights, and duties vis-à-vis the rights and duties of others to lead to the  awareness for the village people and the village. For bringing about awareness to the quality of life and gaining happiness as it can correctly be said that India lives in villages and the villages are strong pillars of democracy. If villages thrive all will thrive.

In may 1997 village Jhalone situate in Tah. Lakhandon Distt. Seoni was taken as the first village on the project of " Litigation free villages" as it was habitatad by all class of people including Adivasis and minorities in abundance . Thinking was developed in the village people that the freedom from litigation would be a panaceia for them against all ills and happiness would come bringing enthusiasm. Self reliance, cooperative way of with realism of coexistence. For proceeding on the path of development with voluntary realisation for their own rights and duties vis - a - vis the rights and duties of others would be necessary. it developed enthusiasm amongst the people of this village  that the age old case of came to an end with good gesture by mutual agreement and village was declared litigation free village on and a shield was given on the Legal Service Day 9th Nov.2000 to village people by the Patron- in Chief Shri Bhawani Singh Ji along with a certificate of appreciation .The enthusiasm of this village did not remain confined within the village but it spreaded up all over the state and people started coming for setting disputes without going to Adalat and without going to even Lok Adalat at the stage of   Pre Lok adalat.

For this project of " Litigation free village " 131 villages were selected out which at present 47 village have become litigation free and 28 are waiting their declaration and 56 are in the process.

The progress is encouraging and the project " Litigation free Village " is coming up as unique project leading to the idea for the concept of project of Litigation free industrial establishments.

  

            

 WOMEN AND CHILD PROTECTION UNIT

Madhya Pradesh State Legal Services Authority, Jabalpur

F.No. 49/L.L.M./M.P.S.L.S.A./05/ 385-A                  Dated-21-06-2005

                                               ORDER

National Legal Services Authority has launched the National Legal Literacy Mission and beneficiary led implementation programme of Legal Literacy Mission, such as Right of Women, Right of Children, Right of Mentally Challenged and Right of Workers. For implementation of the Legal Literacy Mission objectives with adequate seriousness and speed and for consideration of Women and Child related grievances and for providing speedy Justice to them, "

Women and Child Protection Unit" is hereby constituted in every Civil Districts of the State of Madhya Pradesh .

      This unit shall comprise of the following members:-

i)                                 District Judge as Chairperson.

ii)                                Secretary, District Legal Services Authority as Convener.

iii)             A senior resource person from the field of women, child development and rehabilitation appointed by NALSA, as central observer and shall represent NALSA , time to time and as and when necessary.

iv)                              All Judicial Magistrates as members.

v)                               District S. S. P. as Advisor on Chair.

vi)                              District Magistrate as Advisor on Chair.

vii)                            District Child Welfare Officer as Member.

viii)                           District Social Welfare Officer as Member.

ix)                               District C.M.O. of the Civil Hospital as Member.

x)                                Secretary, Red Cross of the District as Member.

xi)                               An educationist preferably Principal of a Government School/College or Principal of an established Government Girls High School as Member.

xii)               Public Prosecutor as Member.

By order of Hon"ble The Chief Justice & Petron-in-Chief  

                                             Brij Kishore Dube Member ,Secretary,                                      M.P. State Legal Services Authority, Jabalpur

 

 

 

 

 

 CRIME AGAINST LABOUR CELL

M.P. State Legal Services Authority, Jabalpur

N0.F.No. 41/L.L.M./ M.P.S.L.S.A./05/ 579       Jabalpur  Dated- 20 July 05

                                            ORDER

 National Legal Services Authority has Launched the National Legal Literacy Mission and beneficiary led implementation programme of the Legal Literacy Mission, such as Right of Women, Righr of Children, Right of Workers etc.  For consideration an ensure implementation of the Labours Law, secure participation of  labourers in democratic systems, ensure protection of workers living with HIV/AIDS, implementation of Equal Remuneration Act, safety of women workers against discrimination, sexual harassment and child trafficking and for providing speedly Justice to them," Crime against Labour Cell" is hereby constituted in every Civil District of the  State of M.P..

 This Cell shall comprise of the following:-

1.                   District Judge as Chaiman.

2.                   Chairpersons of Taluk/ Tehsil Legal Services Committees in District   as Members.

3.                  Deputy Labour Commissioner or District Labour Officer as the case   may be- as Member.

4.                  3 Eminent Labour Leaders appointed by the concerned District          Judge, as Members.

5.                   The District Collector as Member.

6.                    The S.P. of the District as Member.

7.                   2 Members appointed by National Legal Services Authority as observers.

8.                    2 Eminent Lawyers appointed by the concerned District Judge as Members.

                      By order of Hon'ble the Chief Justice& Patron-in-Chief

                                                                   Brij Kishore Dube                                                                  Member Secretary                                      M.P. State Legal Services Authority, Jabalpur