Schemes, Programmes & Services

Schemes, Programmes & Services

 

 

 

 

 


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.

 

 


 

 

 

 

 


 

 

 

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