LEGAL SERVICES AUTHORITIES ACT, 1987
(1) This Act may be called the Legal Services Authorities Act, 1987.
(2) It extends to the whole of India, except the State of Jammu and Kashmir.
(3) It shall come into force on such date* as the Central Government may, by notification, appoint; and different dates1 may be appointed for different provisions of this Act and for different States, and any reference to commencement in any provision of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State.
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* Whole Act except Chapter III came into force on 9-11-1995 vide S.O. 893(E), dated 9th November, 1995.
1. The provisions of Chapter III of the Act sha
(1) In this Act, unless the context otherwise requires,—
1[(a) “case” includes a suit or any proceeding before a court;
(aa) “Central Authority” means the National Legal Services Authority constituted under section 3;
(aaa) “court” means a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi-Judicial functions;]
(b) “District Authority” means a District Legal Services Authority constituted under section 9;
2[(bb) “High Court Legal Services Committee” means a High Court Legal Services Committee constituted under section 8A;]
(c) “le
(1) The Central Government shall constitute a body to be called the National Legal Services Authority to exercise the powers and perform the functions conferred on, or assigned to, the Central Authority under this Act.
(2) The Central Authority shall consist of—
(a) the Chief Justice of India who shall be the Patron-in-Chief;
(b) a serving or retired Judge of the Supreme Court to be nominated by the President, in consultation with the Chief Justice of India, who shall be the Executive Chairman; and
(c) such number of other members, possessing such experience and qualifications, as may be prescribed by the Central Government, to be nominated by that Government in consultation with the Chief Justice of India.
Section 3 of the Legal Services Authorities Act, 1987, lays down the foundational mandate for the constitution of the National Legal Services Authority (NALSA). It establishes the primary authority responsible for implementing the objectives of providing free and competent legal services to the weaker sections of society, ensuring access to justice for all. The section underscores the importance of a structured legal framework to promote legal aid and facilitate dispute resolution through various statutory bodies.
Section 3 mandates the Central Government to constitute the National Legal Services Authority (NALSA) with specified powers and functions. It provides that NALSA shall be the apex body to oversee and coordinate legal aid programs across the country. The section also prescribes the composition, appointment procedures, and the scope of powers of NALSA, emphasizing its role in promoting legal awareness, legal literacy, and facilitating access to justice.
Section 3 itself does not prescribe any specific punishment. However, violations such as non-appointment of authorities, failure to perform statutory functions, or breach of obligations under the Act may attract penalties or disciplinary actions under relevant provisions of the Act or related laws. The primary enforcement mechanism is through the legal and administrative accountability of authorities to the government and judiciary.
In summary, Section 3 of the Legal Services Authorities Act, 1987, establishes the vital institutional architecture for promoting legal aid, ensuring access to justice, and fostering dispute resolution through Lok Adalats and related mechanisms. Its broad scope and emphasis on coordination, legal literacy, and social justice make it a cornerstone for India’s legal aid framework.
Note: The references are based on the provided sources and general legal understanding of the Act.
(1) The Central Authority shall constitute a committee to be called the Supreme Court Legal Services Committee for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the Central Authority.
(2) The Committee shall consist of—
(a) a sitting Judge of the Supreme Court who shall be the Chairman; and
(b) such number of other members possessing such experience and qualifications as may be prescribed by the Central Government,to be nominated by the Chief Justice of India.
(3) The Chief Justice of India shall appoint a person to be the Secretary to the Committee, possessing such experience and qualifications as may be prescribed by the Central Government.
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The Central Authority shall 1[***] perform all or any of the following functions, namely:—
(a) lay down policies and principles for making legal services available under the provisions of this Act;
(b) frame the most effective and economical schemes for the purpose of making legal services available under the provisions of this Act;
(c) utilise the funds at its disposal and make appropriate allocations of funds to the State Authorities and District Authorities;
(d) take necessary steps by way of social justice litigation with regard to consumer protection, environmental protection or any other matter of special concern to the weaker sections, of the society and for this purpose, give training to social workers in legal skills;
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In the discharge of its function under this Act, the Central Authority shall, wherever appropriate, act in coordination with other governmental and non-governmental agencies, universities and others engaged in the work of promoting the cause of legal services to the poor.
(1) Every State Government shall constitute a body to be called the Legal Services Authority for the State to exercise the powers and perform the functions conferred on, or assigned to, a State Authority under this Act.
(2) A State Authority shall consist of—
(a) the Chief Justice of the High Court who shall be the Patron-in-Chief;
(b) a serving or retired Judge of the High Court, to be nominated by the Governor, in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman; and
(c) such number of other members, possessing such experience and qualifications as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.
(1) It shall be the duty of the State Authority to give effect to the policy and directions of the Central Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section (1), the State Authority shall perform all or any of the following functions, namely:—
(a) give legal service to persons who satisfy the criteria laid down under this Act;
(b) conduct 1[Lok Adalats; including Lok Adalats for High Court cases];
(c) undertake preventive and strategic legal aid programmes; and
(d) perform such other functions as the State Authority may, in consultation with the 2[Central Authority,] fix by regulations.
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1[8. State Authority to act in co-ordination with other agencies etc., land be subject to directions given by the Central Authority.--
In the discharge of its functions the State Authority shall appropriately act in co-ordination with other governmental agencies, non-governmental valutitary social service institutions, universities and other bodies engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the Central Authority may give to it in writing.
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1. Substituted for sections 8 and 9 by Legal Services Authorities (Amendment) Act (59 of 1994), section 7 (29-10-94).
Section 8 of the Legal Services Authorities Act, 1987, deals with the functions and coordination of the State Legal Services Authority (SLSA) with other agencies, ensuring the effective delivery of legal services and the promotion of justice for weaker sections of society. It emphasizes the role of the State Authority in acting in coordination, subject to directions from the Central Authority, to fulfill the constitutional mandate of accessible legal aid and justice.
Section 8 states that the State Authority shall act in coordination with other agencies and bodies, including the Central Authority, and shall be subject to directions issued by the Central Authority. This ensures a unified and coordinated approach towards providing legal services, facilitating the implementation of legal aid schemes, and promoting access to justice.
Section 8 does not specify any punishment; rather, it delineates the functional and operational responsibilities of the State Authority. Non-compliance or deviation from directions may lead to administrative or legal consequences under the broader framework of the Act and constitutional provisions.
In summary, Section 8 is foundational in ensuring that the State Legal Services Authorities operate within a structured, coordinated framework, guided by the Central Authority, to realize the constitutional vision of accessible, fair, and effective justice for all.
(1) The State Authority shall constitute a Committee to be called the High Court Legal Services Committee for every High Court, for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the State Authority.
(2) The Committee shall consist of—
(a) a sitting Judge of the High Court who shall be the Chairman; and
(b) such number of other members possessing such experience and qualifications as may be determined by regulations made by the State Authority,to be nominated by the Chief Justice of the High Court.
(3) The Chief Justice of the High Court shall appoint a Secretary to the Committee possessing such experience and qualifications as may be prescribed by the StateGovernment.
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(1) The State Government shall, in consultation with the Chief Justice of the High Court, constitute a body to be called the District Legal Services Authority for every district in the State to exercise the powers and perform the functions conferred on, or assigned to, the District Authority under this Act.
(2) A District Authority shall consist of—
(a) the District Judge who shall be its Chairman; and
(b) such number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.
(3) The State Authority shall, in consultation with the Chairman of the District Authority, appoint a person belonging to the
(1) It shall be the duty of every District Authority to perform such of the functions of the State Authority in the District as may be delegated to it from time to time by the State Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section (1), the District Authority may perform all or any of the following functions, namely:—
1[(a) co-ordinate the activities of the Taluk Legal Services Committee and other Legal Services in the District;]
(b) organise Lok Adalats within the District; and
(c) perform such other functions as the State Authority may 2[***] fix by regulations.
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1.
In the discharge of its functions under this Act, the District Authority shall, wherever appropriate, act in co-ordination with other governmental and non-governmental institutions, universities and others engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the Central Authority or the State Authority may give to it in writing.
(1) The State Authority may constitute a Committee, to be called the Taluk Legal Services Committee, for each taluk or mandal or for group of taluks or mandals.
(2) The Committee shall consist of—
(a) The 2[Senior-most Judicial Officer] operating within the jurisdiction of the Committee who shall be the ex officio Chairman; and
(b) such number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.
(3) The Committee may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge
The Taluk Legal Services Committee may perform all or any of the following functions, namely:—
(a) coordinate the activities of legal services in the taluk;
(b) organise Lok Adalats within the taluk; and
(c) perform such other functions as the District Authority may assign to it.]
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1.Ins. by Act 59 of 1994, sec. 9 (w.e.f. 29-10-1994).
Every person who has to file or defend a case shall be entitled to legal services under this Act if that person, is—
(a) a member of a Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution;
(c) a women or a child;
1[(d) a person with disability as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);]
(e) a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
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(1) Persons who satisfy all or any of the criteria specified in section 12 shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has a prima facie case to prosecute or to defend.
(2) An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit.
The Central Government shall, after due appropriation made by Parliament by law in this behalf pay to the Central Authority, by way of grants, such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.
(1) The Central Authority shall establish a fund to be called the National Legal Aid Fund and there shall be credited thereto—
(a) all sums of money given as grants by the Central Government under section 14;
(b) any grants or donations that may be made to the Central Authority by any other person for the purposes of this Act;
(c) any amount received by the Central Authority under the orders of any court or from any other source.
(2) The National Legal Aid Fund shall be applied for meeting—
(a) the cost of legal services provided under this Act including grants made to State Authorities;
1[(b) the cost of legal services provided by the Supreme Co
A State Authority shall establish a fund to be called the State Legal Aid Fund and there shall be credited thereto—
(a) all sums of money paid to it or any grants made by the Central Authority for the purposes of this Act;
(b) any grants or donations that may be made to the State Authority by the State Government or by any person for the purposes of this Act;
(c) any other amount received by the State Authority under the orders of any court or from any other source.
(2) A State Legal Aid Fund shall be applied for meeting—
(a) the cost of functions referred to in section 7;
1[(b) the cost of legal services provided by the High Court Legal Services
(1) Every District Authority shall establish a fund to be called the District Legal Aid Fund and there shall be credited thereto—
(a) all sums of money paid or any grants made by the State Authority to the District Authority for the purposes of this Act;
1[(b) any grants or donations that may be made to the District Authority by any person, with the prior approval of the State Authority, for the purposes of this Act;
(c) any other amount received by the District Authority under the orders of any court or from any other source.]
(2) The District Legal Aid Fund shall be applied for meeting—
(a) the cost of functions referred to in section 10 2[and 11B];
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(1) The Central Authority, State Authority or the District Authority (hereinafter referred to in this section as ‘the Authority’), as the case may be, shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the income and expenditure account and the balance-sheet in such form and in such manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Authorities shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority concerned to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by hi
(1) 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 organise Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.
(a) serving or retired judicial officers; and
(b) 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, organising such Lok Adalat.
(3) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok
(1) Where in any case referred to in clause (i) of sub-section (5) of section 19—
(i) (a) the parties thereof agree; or
(b) one of the parties thereof makes an application to the court,
for referring the case to the Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of such settlement; or
(ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the court shall refer the case to the Lok Adalat:
Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such court except after giving a reasonable opportunity of being heard to the parties.
1[(1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub-section (1) of section 20, the court-free paid in such case shall be refunded in the manner provided under the Court Fees Act, 1870 (7 of 1870).]
(2) Every award made by a 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.
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1. Subs by Act 59 of 1994, sec. 16, for sub-section (1) (w.e.f. 29-10-1994).
The Legal Services Authorities Act, 1987, was enacted to provide free and competent legal services to the weaker sections of society and to ensure that opportunities for securing justice are not denied to any citizen. Section 21 of this Act specifically addresses the awards made by Lok Adalats, which are alternative dispute resolution mechanisms aimed at settling disputes amicably.
Section 21 states that every award made by a Lok Adalat shall be deemed to be a decree of a civil court. It further stipulates that such awards are final and binding on all parties involved, and no appeal shall lie against these awards in any court.
The scope of Section 21 encompasses all disputes referred to Lok Adalats, including civil, criminal, and family matters. It aims to expedite the resolution of disputes and reduce the burden on traditional courts.
Section 21 does not prescribe any specific punishment; however, it emphasizes the binding nature of the awards, which can only be challenged on grounds of fraud or coercion.
This commentary highlights the significance of Section 21 of the Legal Services Authorities Act, 1987, in promoting access to justice and the finality of awards made by Lok Adalats.
(1) The 1[Lok Adalat or Permanent Lok Adalat] shall, for the purposes of holding any determination under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:—
(a) the summoning and enforcing the attendance of any witness and examining him on oath;
(b) the discovery and production of any document;
(c) the reception of evidence on affidavits;
(d) the requisitioning of any public record or document or copy of such record or document from any court or office; and
(e) such other matters as may be prescribed.
(2) Without prejudi
In this Chapter and for the purposes of section 22 and 23, unless the context otherwise requires,—
(a) "Permanent Lok Adalat" means a Permanent Lok Adalat established under sub-section (1) of section 22B.
(b) "public utility service" means any—
(i) transport service for the carriage of passengers or goods by air, road or water; or
(ii) postal, telegraph or telephone service; or
(iii) supply of power, light or water to the public by any establishment; or
(iv) system of public conservancy or sanitation; or
(v) service in hospital or dispensary; or
(vi)
Section 22(a) of the Legal Services Authorities Act, 1987, forms a fundamental part of the legislative framework establishing the powers, jurisdiction, and functions of the Permanent Lok Adalat (PLA). It delineates the scope of disputes that can be entertained and adjudicated by the PLA, particularly emphasizing the nature of disputes related to public utility services and the procedural aspects prior to adjudication.
Section 22(a) defines the scope of disputes that a Permanent Lok Adalat can entertain. It states that the PLA can take cognizance of disputes relating to public utility services which are:
It also emphasizes that such disputes can be taken up before they are brought before a regular court, provided they meet certain criteria, including value limits and nature of offense.
Section 22(a) of the Legal Services Authorities Act, 1987, provides a structured framework empowering the Permanent Lok Adalat to resolve disputes relating to public utility services through a process emphasizing conciliation and, failing that, adjudication within its jurisdiction. It underscores the importance of following proper procedures, limits its scope to civil disputes within monetary thresholds, and explicitly excludes offences not compoundable. Orders and awards passed under this section are deemed equivalent to decrees of civil courts, but are subject to judicial review on jurisdictional or procedural grounds. The legislative intent is to promote accessible, speedy, and inexpensive justice, reducing the burden on formal courts while maintaining checks through judicial oversight.
This concise commentary synthesizes the legislative provisions, judicial interpretations, and legal principles governing Section 22(a) of the Legal Services Authorities Act, 1987.
(1) Notwithstanding anything contained in section 19, the Central Authority or, as the case may be, every State Authority shall, by notification, establish Permanent Lok Adalats at such places and for exercising such jurisdiction in respect of one or more public utility services and for such areas as may be specified in the notification.
(2) Every Permanent Lok Adalat established for an area notified under sub-section (1) shall consist of—
(a) 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 of the Permanent Lok Adalat; and
(b) two other persons having adequate experience in public utility service to be nominated by the Central Government or, as the case may be, the
Section 22(b) of the Legal Services Authorities Act, 1987, pertains to the jurisdiction and establishment of Permanent Lok Adalats (PLAs) for adjudicating disputes related to public utility services. It is a key provision that delineates the scope, composition, and functioning of these specialized tribunals aimed at promoting alternative dispute resolution mechanisms for specific categories of disputes.
Section 22(b) empowers the Central and State Authorities to establish Permanent Lok Adalats at designated places, with jurisdiction over disputes concerning one or more public utility services as defined under Section 22-A(b). It specifies that these Lok Adalats are to be constituted with a Chairman, who is a District Judge or higher judicial officer, and two other members with adequate experience in public utility services.
Section 22(b) itself does not prescribe any punishments. However, violations such as exceeding jurisdiction, passing awards without proper composition, or passing awards in disputes outside its scope can lead to orders being set aside or the awards being declared null and void, as seen in judicial rulings. Non-compliance with procedural requirements may also attract contempt proceedings or judicial review.
"Jurisdiction Limitation" - The PLA's jurisdiction is strictly confined to disputes concerning public utility services as defined under Section 22-A(b); disputes outside this scope are not entertainable—[Sources: Life Insurance Corporation of India VS Harjeet Kaur, Dhirendra Pratap Singh VS Ravi Kant Singh, Sheo Shankar Giri VS State of Jharkhand].
"Composition Requirement" - The PLA must be composed of a Chairman (District Judge or higher) and two members with experience in public utility services; passing awards solely by the Chairman sitting singly is contrary to law—[Sources: Reliance Capital Ltd. VS Permanent Lok Adalat, Gurgaon, Oriental Insurance Company Ltd. VS Narendra Mehta].
"Adjudicatory Authority" - The PLA has an adjudicatory role but only after attempts at conciliation have failed; it cannot bypass the mandatory conciliation process in disputes involving offences—[Sources: Executive Engineer, Dakshinanchal Vidyut Vitaran Nigam Limited VS State of U. P. , Oriental Insurance Company Ltd. VS Narendra Mehta].
"Finality of Awards" - Awards passed by Permanent Lok Adalats under Section 22-E are final and cannot be questioned in any original suit, application, or execution proceeding—[Sources: Jodhpur Vidhyut Vitran Nigam Ltd. VS Kalwant Singh, Executive Engineer, Dakshinanchal Vidyut Vitaran Nigam Limited VS State of U. P. ].
"Supervisory Jurisdiction" - The High Court's supervisory jurisdiction under Article 227 is limited to ensuring procedural compliance; it cannot reappreciate the merits or correct errors of law in PLA awards—[Sources: Jodhpur Vidhyut Vitran Nigam Ltd. VS Kalwant Singh, Reliance Capital Ltd. VS Permanent Lok Adalat, Gurgaon].
"Scope of Dispute" - Disputes involving offences that are non-compoundable or pending criminal proceedings are outside the jurisdiction of the PLA—[Sources: Executive Engineer, Dakshinanchal Vidyut Vitaran Nigam Limited VS State of U. P. , Maharashtra State Electricity Distribution Company Ltd. , Through Additional Executive Engineer VS Badrinath Pema Rathod].
"Procedural Requirements" - Proper procedure involves mandatory conciliation; awards passed in the absence of proper proceedings or in disputes outside the jurisdiction are liable to be set aside—[Sources: Oriental Insurance Company Ltd. VS Narendra Mehta, Dhirendra Pratap Singh VS Ravi Kant Singh].
"Role of the Chairman" - The award must be passed after a proper sitting convened by the Chairman; a single sitting by the Chairman or without the Chairman's presence invalidates the award—[Sources: Reliance Capital Ltd. VS Permanent Lok Adalat, Gurgaon, Oriental Insurance Company Ltd. VS Narendra Mehta].
"Scope of Power" - The PLA’s power is confined to disputes relating to public utility services; it cannot entertain or decide disputes arising from tort, criminal offences, or private contractual matters—[Sources: Life Insurance Corporation of India VS Harjeet Kaur, DEPUTY GENERAL MANAGER, BHARTIYA DOOR SANCHAR NIGAM LTD. VS RAM KUMAR SHARMA].
"Legal Nature of PLA" - The PLA functions as a statutory tribunal with limited adjudicatory powers, primarily aimed at promoting settlement, not as a court of general jurisdiction—[Sources: HDFC Standard Life Insurance Co. Ltd. VS Permanent Lok Adalat for Public Utility Services, Nizamuddin @ Saiyad Nizamuddin Son of Late Md. Amin VS Saiyad Shahnawaz Alam @ Laddan Son of Late Md. Nizam].
"Jurisdictional Boundaries" - The jurisdiction is to be strictly construed; exceeding the scope results in awards being null and void, as courts have held that jurisdiction outside the specified categories is impermissible—[Sources: Bokaro Power Supply Company (P) Limited Bokaro Steel City, Bokaro VS Brahmadeo Prasad, Bihar Colony, Chas, Ascend Telecom Infrastructure Pvt. Ltd. VS Ajay Kumar].
"Misuse of Jurisdiction" - Passing awards in disputes involving offences or disputes not related to public utility services constitutes a jurisdictional error, rendering the award invalid—[Sources: Senior Superintendent Deptt. of Post VS Bundu, New India Assurance Company Ltd. VS Mostt. Sona Muni w/o late Mehilal Murmu].
"Legal Remedies" - Awards can be challenged in higher courts only on procedural or jurisdictional grounds; substantive merits are not revisitable under Article 226/227 unless procedural irregularities are established—[Sources: Executive Engineer, Dakshinanchal Vidyut Vitaran Nigam Limited VS State of U. P. , Jodhpur Vidhyut Vitran Nigam Ltd. VS Kalwant Singh].
"Impact of Judicial Review" - Orders passed without jurisdiction are subject to judicial review and can be set aside, emphasizing the importance of strict adherence to jurisdictional limits—[Sources: Oriental Insurance Company Ltd. VS Narendra Mehta, Krishna Murari Tiwari Son of Late Sheo Murat Tiwari VS Ram Krit Tiwari Son of Late Bachai Tiwari].
"Legal Principles" - The principles of natural justice guide PLA proceedings; failure to adhere to these principles, especially in jurisdictional matters, invalidates awards—[Sources: United India Insurance Co. Ltd. VS Ajay Sinha and another, Dhirendra Pratap Singh VS Ravi Kant Singh].
"Legal Consequences of Non-Compliance" - Awards passed in violation of procedural or jurisdictional provisions may be declared null and void by courts—[Sources: M. R. Mittals infratech Pvt. Ltd. VS Permanent Lok Adalat, PIYUSH GUPTA VS SUMAN].
"Role of Notifications" - The scope and jurisdiction of PLAs are to be notified by the Central or State Governments; unauthorized or unnotified jurisdiction is invalid—[Sources: , 022B].
"Limitations on Appeal" - There is no appeal against awards passed by the PLA; however, judicial review on jurisdictional or procedural grounds remains available—[Sources: Jodhpur Vidhyut Vitran Nigam Ltd. VS Kalwant Singh, Senior Superintendent Deptt. of Post VS Bundu].
In summary, Section 22(b) of the Legal Services Authorities Act, 1987, provides for the constitution and jurisdiction of Permanent Lok Adalats limited to disputes concerning specified public utility services. Their authority is confined by statutory definitions, procedural safeguards, composition requirements, and judicial limitations, emphasizing the importance of strict adherence to jurisdictional boundaries to ensure the legality and enforceability of their awards.
(1) Any party to a dispute may, before the dispute is brought before any court, make an application to the Permanent Lok Adalat for the settlement of dispute:
Provided that the Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to an offence not compoundable under any law:
Provided further that the Permanent Lok Adalat shall also not have jurisdiction in the matter where the value of the property in dispute exceeds ten lakh rupees:
Provided also that the Central Government, may, by notification, increase the limit of ten lakh rupees specified in the second proviso in consultation with the Central Authority.
(2) After an application is made under sub-section (1) to the Permanent Lok Adalat, no party to that application
Section 22(c) of the Legal Services Authorities Act, 1987, delineates the scope and procedure for the cognizance of disputes by the Permanent Lok Adalat (PLA) in the context of pre-litigation dispute resolution, especially concerning public utility services. This section emphasizes the role of the PLA as an alternative dispute resolution (ADR) mechanism aimed at facilitating speedy, accessible, and amicable settlement of disputes before they reach the courts.
Section 22(c) provides that any party to a dispute may, before the dispute is brought before any court, make an application to the Permanent Lok Adalat for settlement. The section also stipulates that if the dispute does not relate to any offence that is non-compoundable, and if the parties fail to reach an agreement after conciliation efforts, the PLA has the authority to decide the dispute on merits, subject to the prescribed procedures.
The Act does not specify direct punishment for violations of Section 22(c). However:- Procedural violations: Orders passed without following the mandatory procedures, such as failing to conduct proper conciliation, can be set aside or quashed by courts.- Abuse of process: Parties or authorities acting beyond their jurisdiction or violating procedural mandates may face judicial review, leading to the annulment of awards or orders.- Legal consequences: Improper adjudication or bypassing mandatory procedures may result in contempt proceedings or civil remedies.
In conclusion, Section 22(c) of the Legal Services Authorities Act, 1987, establishes a structured process for pre-litigation dispute resolution through the Permanent Lok Adalat, emphasizing mandatory conciliation, mutual consent, and procedural compliance. Its adjudicatory power is circumscribed by statutory limits, especially concerning offences and jurisdiction, ensuring that the PLA functions as a facilitator and, only as a last resort, as a tribunal for civil disputes within its scope. Violations of these procedural mandates or overreach in adjudication can be set aside by courts, safeguarding the integrity of the ADR mechanism.
The Permanent Lok Adalat shall, while conducting conciliation proceedings or deciding a dispute on merit under this Act, be guided by the principles of natural justice, objectivity, fair play, equity and other principles of justice, and shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) and the Indian Evidence Act, 1872 (1 of 1872).
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* Ins. by Act 37 of 2002, sec. 4. (w.e.f. 11-6-2002).
(1) Every award of the Permanent Lok Adalat under this Act made either on merit or in terms of a settlement agreement shall be final and binding on all the parties thereto and on persons claiming under them.
(2) Every award of the Permanent Lok Adalat under this Act shall be deemed to be a decree of a civil court.
(3) The award made by the Permanent Lok Adalat under this Act shall be by a majority of the persons constituting the Permanent Lok Adalat.
(4) Every award made by the Permanent Lok Adalat under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding.
(5) The Permanent Lok Adalat may transmit any award made by it to a civil court having local jurisdiction and such civil court sha
The Legal Services Authorities Act, 1987 was enacted to provide free legal services to the weaker sections of society and to ensure that opportunities for securing justice are not denied to any citizen. Section 22(e) specifically addresses the finality of awards made by the Permanent Lok Adalat, emphasizing their binding nature and the limited scope for judicial review.
Section 22(e) of the Legal Services Authorities Act, 1987 states that every award made by the Permanent Lok Adalat is final and binding on all parties involved. It further stipulates that such awards shall be deemed to be decrees of a civil court and cannot be questioned in any original suit, application, or execution proceeding.
The scope of Section 22(e) extends to all awards made by the Permanent Lok Adalat, whether based on merit or settlement agreements. This provision aims to expedite the resolution of disputes and reduce the burden on the traditional court system.
While Section 22(e) does not prescribe specific punishments, it establishes a framework that limits the ability of parties to contest the awards, thereby enforcing compliance with the decisions made by the Lok Adalat.
This commentary provides an overview of Section 22(e) of the Legal Services Authorities Act, 1987, highlighting its significance in the legal framework of India.
The members including Member-Secretary or, as the case may be, Secretary of Central Authority, the State Authorities, the District Authorities, the Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees and officers and other employees of such Authorities, Committees and the 2[members of the Lok Adalats or persons constituting Permanent Lok Adalats] shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).]
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1. Subs. by Act 59 of 1994, sec. 17, for section 23 (w.e.f. 29-10-1994).
2. Subs. by Act 37 of 2002, sec. 5, for "members of the Lok Adalats" (w.e.f. 11-6-2002).
No suit, prosecution or other legal proceeding shall lie against--
(a) the Central Government or the State Government;
(b) the Patron-in-Chief, Executive Chairman, members or Member-Secretary or officers or other employees of the Central Authority;
(c) Patron-in-Chicf, Executive chairman, member, Member-Secretary or officers or other employees of the State Authority;
(d) Chairman, Secretary, members or officers or other employees of the Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees or the District Authority; or
(e) any other person authorised by any of the Patron-in-Chief, Executive Chairman, Chairman, member, Member-Secretary referred to in
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
(1) If any difficulty arises in giving effect to the provision of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
(1) The Central Government in consultation with the Chief Justice of India may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the number, experience and qualifications of other members of the Central Authority under clause (c) of sub-section (2) of section 3;
(b) the experience and qualifications of the Member-Secretary of the Central Authority and his powers and functions under sub-section (3) of section 3;
(c) the terms of office and other conditions relating thereto, of members and Member-Secretary of the Central Authority under sub-section (4) of section 3;
(1) The State Government in consultation with the Chief Justice of the High Court may, by notification, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
(a) the number, experience and qualifications of other members of the State Authority under clause (c) of sub-section (2) of section 6;
(b) the powers and functions of the Member-Secretary of the State Authority under sub-section (3) of section 6;
(c) the terms of office and other conditions relating thereto, of members and Member-Secretary of the State Authority under sub-section (4) of
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(1) The Central Authority may, by notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
(a) the powers and functions of the Supreme Court Legal Services Committee under sub-section (1) of section 3A;
(b) the terms of office and other conditions relating thereto, of the members and Secretary of the Supreme Court Legal Services Committee under sub-section (4) of section 3A.]
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(1) The State Authority may, by notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: —
(a) the other functions to be performed by the State Authority under clause (d) of sub-section (2) of section 7;
(b) the powers and functions of the High Court Legal Services Committee under sub-section (1) of section 8A;
(c) the number, experience and qualifications of members of the High Court Legal Services
(1) Every rule made under this Act by the Central Government and every regulation made by the Central Authority thereunder shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
(2) Every rule made unde
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