Functions – Lok Adalat
Lok Adalats are conducted frequently by the State Authority and the Taluk Committees for Banks, nationalised and otherwise, Insurance Companies, Cell phone Companies, Government Departments etc. at request. The party seeking the service of Lok Adalat is expected to intimate the Member Secretary / Chairman, Taluk Committee on the need for the Adalat making out details of the matters to be placed before the Adalat. On being satisfied that an Adalat could be conducted, necessary permission from the Honble Executive Chairman is obtained by the Member Secretary to conduct an Adalat and the party is informed accordingly indicating the date of the Adalat. Thereafter notices are served on the parties to the disputes requiring them to be present at the Adalat. (Relevant provisions of the Act and the Union Territory of Pondicherry Lok Adalat Scheme follows.)
At the Adalat the parties to the dispute concerned are to be present. A conciliated settlement of the issue in question is reached wherever possible. Based thereon an Award is passed. Matters eluding settlement are closed and the parties informed accordingly. Copies of the Award is furnished to the parties free of cost.
All kinds of cases are placed before the Adalat. However, in criminal matters cases where the offence is compoundable alone are taken up.
Composition of the Bench is the same as stated in the preceding paragraph. A Bench is normally constituted for four months. At the end of which another bench comes into play. Parties can directly file matters and represent their cases in the Adalat. No monitory jurisdiction is prescribed. In Chapter VI of the Legal Services Authorities Act, 1987, by which this Adalat is constituted.
Relevant provisions of the Legal Services Authorities Act, 1987 and Union Territory of Pondicherry Lok Adalat Scheme, 1999.
Section 19 (Chapter VI) of the Act dealing with Lok Adalats runs as follows:
19. Organisation of Lok Adalat : –
Every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organize Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.
Every Lok Adalat organized for an area shall consist of such number of –
Serving or retired judicial officers; and
Other persons,
of the area as may be specified by the State Authority or the District Authority or the Supreme Court Legal Services Committee or the High Court Legal Services Committee, or as the case may be, the Taluk Legal Services Committee, organizing such Lok Adalat.
The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats organized by the Supreme Court Legal Services Committee shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India.
The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats other than referred to in sub-section (3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.
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-
any case pending before; or
any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized :
Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law.
Union Territory of Pondicherry Lok Adalat Scheme 1999
3. Procedure for organizing Lok Adalat.-
Member Secretary of the Union Territory of Pondicherry Legal Services Authority or the Chairman/Chairperson of Taluk Legal Services Committee or the Regional Legal Services Committee as the case may be, shall convene and organize Lok Adalats at such regular intervals as may be required from time to time.
The Member Secretary of the Union Territory of Pondicherry Legal Services Authority or the Chairman of the Taluk Legal Services Committee or the Regional Legal Services Committee as the case may be shall inform the State Authority about the proposal to organize the Lok Adalats well in advance on which Lok Adalats are proposed to be organized and furnish the following information to the State Authority:-
The place, date and time on which the Lok Adalat is proposed to be organized.
Categories and subject-wise nature of the cases viz. pending cases or pre-litigation disputes or both proposed to be placed before the Lok Adalat.
Number of cases proposed to be brought before the Lok Adalat.
Any-other information relevant to the convening and organizing of the Lok Adalat.
The composition of the Lok Adalats or the persons to exercise the powers under Chapter VI of the Legal Services Authorities Act, 1987.
5. Notice of the parties concerned.-
The Secretary of the State Authority or Chairman of the Taluk Legal Services Committee or the Regional Committee as the case may be, convening and organizing Lok Adalats shall inform every litigant whose cases are referred to the Lok Adalat well in time so as to afford him necessary opportunity to prepare himself for the Lok Adalat and such notice could be served either on the party or on the Advocate appearing in the case as the case may be or on both of them.
Notice to party or the Advocate shall be sufficient for the purpose of holding Lok Adalat with respect to pending matters as information to the litigant.
6. Composition of the Lok Adalats .- At the Union Territory level, the Member Secretary of the Union Territory of Pondicherry Legal Services Authority shall organize Lok Adalat with the permission of the Executive Chairman and shall constitute the Benches of the Adalat, each Bench comprising two or three of the following:-
A sitting or retired Chief Judge of the Union Territory of Pondicherry or Additional District Judge.
A member of the legal profession or the President of the Local Bar Association or a retired Judicial Officer who had discharged the functions of Judicial Officer for ten years or a Regional Executive Officer who had exercised the executive powers as Class-I Magistrate as may be nominated by the Executive Chairman from time to time.
7. Regional level / Taluk level .-
The Member Secretary of the State Authority shall organize Regional Lok Adalat with the approval of the Chairman at the following regions:- (i) Pondicherry; (ii) Karaikal; (iii) Mahe; and (iv) Yanam.
(2) With the approval of the Executive Chairman, the Member Secretary shall constitute as many Benches as may be required for holding Regional Lok Adalat in each region and each Bench shall comprise two or three following:-
(a) A sitting or retired Judicial Officer not less than the rank of a Sub Judge and wherever the Sub Judge is not available with the prior permission a Munsif-cum-Judicial Magistrate also could validly constitute;
(b) A member of the legal profession as may be nominated by the Executive Chairman or the President of the local Bar Association or a Lecturer in Law having ten years in teaching experience and who had three years standing at the Bar or a retired Judicial Officer who had exercised the powers of First Class Magistrate; and
(c) Any other eminent person in the field of law or a social worker or leading reputed personality who has no objection to serve the people.