1
THE LEGAL SERVICES AUTHORITIES ACT, 1987
ACT NO. 39 OF 1987
INTRODUCTION
The Legal Services Authorities Act, 1987 was enacted to provide free and competent legal
services to weaker sections of society and ensure that justice is not denied due to economic or other
disabilities. It came into force on 9th November 1995 after amendments to improve its effectiveness.
The Act institutionalized legal aid programs and Lok Adalats across India, making justice more
accessible to marginalized groups.
The concept of legal aid in India was first recommended in 1958 by the 14th Law Commission
Report. Over the years, various committees, including the Krishna Iyer Committee (1973) and
Bhagwati Committee (1977), emphasized the need for a structured legal aid mechanism. Their
recommendations led to the enactment of the Legal Services Authorities Act, 1987, which established
National, State, and District Legal Services Authorities to implement legal aid initiatives.
SALIENT FEATURES
1. Provision of Free Legal Aid The Act ensures that economically and socially disadvantaged groups
receive free legal services. Beneficiaries include:
1. Women and children
2. Members of Scheduled Castes (SC) and Scheduled Tribes (ST)
3. Victims of trafficking or disaster
4. Persons in custody
5. Industrial workers
6. Persons with disabilities
2. Establishment of Legal Services Authorities The Act created a three-tier structure:
National Legal Services Authority (NALSA) Apex body at the national level
State Legal Services Authorities (SLSAs) Function at the state level
District Legal Services Authorities (DLSAs) Operate at the district level
3. Lok Adalats (People’s Courts) The Act provides for Lok Adalats, which offer an alternative dispute
resolution mechanism. They:
Handle civil and compoundable criminal cases
Deliver quick and cost-effective justice
Ensure binding decisions that cannot be appealed (except through constitutional remedies)
4. Permanent Lok Adalats (PLAs) Established under Section 22B, these adjudicate disputes related to
public utility services (e.g., transport, electricity, water supply) and have jurisdiction over claims up to
₹1 crore.
5. Legal Literacy and Awareness Programs The Act mandates legal literacy camps, seminars, and
workshops to educate people about their rights.
6. Public Utility Services The Act defines services such as electricity, water, transport, and postal
services as public utility services, ensuring disputes related to these services can be addressed by Lok
Adalats.
7. No Court Fee & Speedy Justice Disputes resolved in Lok Adalats do not require payment of court
fees, and decisions are made through conciliation, avoiding long litigation.
8. Protection for Public Servants The Act provides immunity to officials working in good faith to
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implement legal aid programs.
IMPORTANT DEFINITIONS.
CASE [SECTION 2 (a)]
“case” includes a suit or any proceeding before a court.
CENTRAL AUTHORITY [SECTION 2 (aa)]
“Central Authority” means the National Legal Services Authority constituted under section3.
COURT [SECTION 2(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.
DISTRICT AUTHORITY[SECTION 2(b)]
“District Authority” means a District Legal Services Authorityconstituted under section9.
HIGH COURT LEGAL SERVICES COMMITTEE [SECTION 2(bb)]
“High Court Legal Services Committee” means a High Court Legal Services Committee
constituted under section8A;]
LEGAL SERVICE [SECTION 2(c)]
legal service includes the rendering of any service in the conduct of any case or other legal
proceeding before any court or other authority or tribunal and the giving of advice on any legal
matter.
LOK ADALAT [SECTION 2(d)]
“Lok Adalat” means a Lok Adalat organised under Chapter VI.
SCHEME [SECTION 2(g)]
“scheme” means any scheme framed by the Central Authority, a State Authority or a District
Authority for the purpose of giving effect to any of the provisions of this Act.
STATE AUTHORITY [SECTION 2(h)]
“State Authority means a State Legal Services Authority constituted under section6.
STATE GOVERNMENT [SECTION 2(i)]
“State Government” includes the administrator of a Union territory appointed by the President
under article 239 of the Constitution;
1.
The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-
2019).
2.
9th November, 1995, vide notification No. S.O. 893(E), dated 9th November, 1995, see Gazette of India, Extraordinary, Part
II, sec. 3(ii).
3.
Subs. by Act 59 of 1994, s. 2, for clause (a) (w.e.f. 29-10-1994).
4.
Ins. by s. 2, ibid. (w.e.f. 29-10-1994).
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SUPREME COURT LEGAL SERVICES COMMITTEE [SECTION 2(j)]
“Supreme Court Legal Services Committee” means the Supreme Court Legal Services
Committee constituted under section3A.
TALUK LEGAL SERVICES COMMITTEE [SECTION 2()]
“Taluk Legal Services Committee” means a Taluk Legal Services Committee constituted under
section11A.]
(2) Any reference in this Act to any other enactment or any provision thereof shall, in relation to an
area in which such enactment or provision is not in force, be construed as a reference to the corresponding
law or the relevant provision of the corresponding law, if any, in force in that area.
CHAPTER II
THE NATIONAL LEGAL SERVICES AUTHORITY
CONSTITUTION OF THE NATIONAL LEGAL SERVICES AUTHORITY.
According to Sec 3(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.
According to Sec 3(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.
According to Sec 3(3) the Central Government shall, in consultation with the Chief Justice of India,
appoint a person to be the Member-Secretary of the Central Authority, possessing such experience
and qualifications as may be prescribed by that Government, to exercise such powers and perform
such duties under the Executive Chairman of the Central Authority as may be prescribed by that
Government or as may be assigned to him by the Executive Chairman of that Authority.
According to Sec 3(4) The terms of office and other conditions relating thereto, of members and the
Member-Secretary of the Central Authority shall be such as may be prescribed by the Central
Government in consultation with the Chief Justice of India.
According to Sec 3(5) The Central Authority may appoint such number of officers and other
employees as may be prescribed by the Central Government, in consultation with the Chief Justice of
India, for the efficient discharge of its functions under this Act.
According to Sec 3(6)The officers and other employees of the Central Authority shall be entitled to
such salary and allowances and shall be subject to such other conditions of service as may be
prescribed by the Central Government in consultation with the Chief Justice of India.
According toSec3(7)The administrative expenses of the Central Authority, including the salaries,
allowances and pensions payable to the Member-Secretary, officers and other employees of the
Central Authority, shall be defrayed out of the Consolidated Fund of India.
According to Sec 3(8) All orders and decisions of the Central Authority shall be authenticated by the
Member-Secretary or any other officer of the Central Authority duly authorised by the Executive
Chairman of that Authority.
According to Sec 3(9) No act or proceeding of the Central Authority shall be invalid merely on the
ground of the existence of any vacancy in, or any defect in the constitution of, the Central Authority.
Khatri v. State of Bihar, AIR 1981 SC 928
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Relevance: Emphasized the State’s constitutional obligation to provide legal aid under
Article 21, leading to NALSA’s establishment to coordinate legal services nationwide.
SUPREME COURT LEGAL SERVICES COMMITTEE.
According to Sec 3A(1) The Central Authority shall constitute a committee to be called the Supreme
Court Legal Services Committee for the purpose of exercising such
1.
Ins. by Act 59 of 1994, s. 2 (w.e.f. 29-10-1994).
2.
Subs. by s. 3, ibid., for section 3 (w.e.f. 29-10-1994).
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powers and performing such functions as may be determined by regulations made by the Central
Authority.
According to Sec 3A(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.
Sec 3A(3)states that 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.
By virtue of Sec 3A(4) the terms of office and other conditions relating thereto, of the members and
Secretary of the Committee shall be such as may be determined by regulations made by the Central
Authority.
According to Sec 3A(5) The Committee may appoint such number of officers and other employees as
may be prescribed by the Central Government, in consultation with the Chief Justice of India, for the
efficient discharge of its functions.
According to Sec 3A(6)the officers and other employees of the Committee shall be entitled to such
salary and allowances and shall be subject to such other conditions of service as may be prescribed by
the Central Government in consultation with the Chief Justice of India.]
FUNCTIONS OF THE CENTRAL AUTHORITY.
[SECTION 4] 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;
(e) organise legal aid camps, especially in rural areas, slums or labour colonies with the dual
purpose of educating the weaker sections of the society as to their rights as well as encouraging the
settlement of disputes through LokAdalats;
(f) encourage the settlement of disputes by way of negotiations, arbitration and conciliation;
(g) undertake and promote research in the field of legal services with special reference to the need
for such services among the poor;
(h) to do all things necessary for the purpose of ensuring commitment to the fundamental duties
of citizens under Part IVA of the Constitution;
(i) monitor and evaluate implementation of the legal aid programmes at periodic intervals and
provide for independent evaluation of programmes and schemes implemented in whole or in part by
funds provided under this Act;
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1. The words “, subject to the general directions of the Central Government,” omitted by Act of 59 of 1994, s. 4 (w.e.f. 29-10-
1994).
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1[(j) provide grants-in-aid for specific schemes to various voluntary social service institutions and
the State and District Authorities, from out of the amounts placed at its disposal for the
implementation of the legal services schemes under the provisions of this Act;]
(k) develop, in consultation with the Bar Council of India, programmes for clinical legal
education and promote guidance and supervise the establishment and working of legal services clinics
in universities, law colleges and other institutions;
(l) take appropriate measures for spreading legal literacy and legal awareness amongst the people
and, in particular, to educate weaker sections of the society about the rights, benefits and
privileges guaranteed by social welfare legislations and other enactments as well as administrative
programmes and measures;
(m) make special efforts to enlist the support of voluntary social welfare institutions working at
the grass-root level, particularly among the Scheduled Castes and the Scheduled Tribes, women and
rural and urban labour; and
(n) coordinate and monitor the functioning of 2[State Authorities, District Authorities, Supreme
Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services
Committees and voluntary social service institutions] and other legal services organisations and give
general directions for the proper implementation of the legal services programmes.
CENTRAL AUTHORITY TO WORK IN COORDINATION WITH OTHER AGENCIES.
[SECTION 5] In the discharge of its functions 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.
CHAPTER III
STATE LEGAL SERVICESAUTHORITY
CONSTITUTION OF STATE LEGAL SERVICES AUTHORITY.
By virtue of Sec 6(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.
According to sec 6(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.
According to Sec 6(3)The State Government shall, in consultation with the Chief Justice of the High
Court, appoint a person belonging to the State Higher Judicial Service, not lower in rank than that of a
District Judge, as the Member-Secretary of the State Authority, to exercise such powers and perform
such duties under the Executive Chairman of the State Authority as may be prescribed by that
Government or as may be assigned to him by the Executive Chairman of that Authority.
Provided that a person functioning as Secretary of a State Legal Aid and Advice Board immediately
before the date of constitution of the State Authority may be appointed as Member-Secretary of that
Authority, even if he is not qualified to be appointed as such under this sub-section, for a period not
exceeding five years.
1.
Subs. by Act 59 of 1994, s. 4, for clause (j) (w.e.f. 29-10-1994).
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2.
Subs. by s. 4, ibid., for State and District Authorities and other voluntary social welfare institutions” (w.e.f. 29-10-1994).
3.
Subs. by s. 5,ibid., for section 6 (w.e.f. 29-10-1994).
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According to sec 6(4) The terms of office and other conditions relating thereto, of members and the
Member-Secretary of the State Authority shall be such as may be prescribed by the State Government
in consultation with the Chief Justice of the High Court.
According to sec 6(5) The State Authority 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 of its functions under thisAct.
According to sec 6(6) The officers and other employees of the State Authority shall be entitled to
such salary and allowances and shall be subject to such other conditions of service as may be
prescribed by the State Government in consultation with the Chief Justice of the High Court.
According to Sec 6(7) The administrative expenses of the State Authority, including the salaries,
allowances and pensions payable to the Member-Secretary, officers and other employees of the State
Authority shall be defrayed out of the Consolidated Fund of the State.
According to Sec 6(8) All orders and decisions of the State Authority shall be authenticated by the
Member-Secretary or any other officer of the State Authority duly authorised by the Executive
Chairman of the State Authority.
According to Sec 6(9)No act or proceeding of a State Authority shall be invalid merely on the ground
of the existence of any vacancy in, or any defect in the constitution of, the State Authority.]
Centre for Legal Research v. State of Kerala, AIR 1986 SC 1322
Relevance: Directed State governments to ensure institutional mechanisms for legal aid,
resulting in setting up of SLSAs for effective implementation.
FUNCTIONS OF THE STATE AUTHORITY.
According to sec 7(1)It shall be the duty of the State Authority to give to effect to the policy and
directions of the Central Authority.
According to sec 7(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) conduct1[LokAdalats, including LokAdalats 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.
STATE AUTHORITY TO ACT IN COORDINATION WITH OTHER AGENCIES., ETC., AND
BE SUBJECT TO DIRECTIONS GIVEN BY THE CENTRAL AUTHORITY.
[SECTION 8] In the discharge of its functions the State Authority shall appropriately act in
coordination with other governmental agencies, non-governmental voluntary 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.
HIGH COURT LEGAL SERVICES COMMITTEE.
According to sec 8A(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.
According to Sec 8A(2)The Committee shall consist of
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(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.
By virtue of SEC 8A(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 State
Government.
1.
Subs. by Act 59 of 1994, s. 6, for “LokAdalats” (w.e.f. 29-10-1994).
2.
Subs. by s. 6, ibid., for “Central Government” (w.e.f. 29-10-1994).
3.
Subs. by s. 7, ibid., for sections 8 and 9 (w.e.f. 29-10-1994).
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ACCORDING TO SEC 8A(4)The terms of office and other conditions relating thereto, of the
members and Secretary of the Committee shall be such as may be determined by regulations made by
the State Authority.
According to sec 8A(5)The Committee may appoint such number of officers and other employees as
may be prescribed by the State Governmentin consultation with the Chief Justice of the High Court
for the efficient discharge of its functions.
According to Sec 8A(6)The officers and other employees of the Committee shall be entitled to such
salary and allowances and shall be subject to such other conditions of Service as may be prescribed
by the State Government in consultation with the Chief Justice of the High Court.
DISTRICT LEGAL SERVICES AUTHORITY.
According to Sec 9(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.
According to 9(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.
Sec 9(3) states thatThe State Authority shall, in consultation with the Chairman of the District
Authority, appoint a person belonging to the State Judicial Service not lower in rank than that of a
Subordinate Judge or Civil Judge posted at the seat of the DistrictJudiciary as Secretary of the District
Authority to exercise such powers and perform such duties under the Chairman of that Committee as
may be assigned to him by such Chairman.
Sec 9(4) states The terms of office and other conditions relating thereto, of members and Secretary of
the District Authority shall be such as may be determined by regulations made by the State Authority
in consultation with the Chief Justice of the High Court.
Sec 9(5) states thatThe District Authority 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 of its functions.
Sec 9(6) states The officers and other employees of the District Authority shall be entitled to such
salary and allowances and shall be subject to such other conditions of service as may be prescribed by
the State Government in consultation with the Chief Justice of the High Court.
Sec 9(7) states that The administrative expenses of every District Authority, including the salaries,
allowances and pensions payable to the Secretary, officers and other employees of the District
Authority, shall be defrayed out of the Consolidated Fund of the State.
Sec 9(8) states that All orders and decisions of the District Authority shall be authenticated by the
Secretary or by any other officer of the District Authority duly authorised by the Chairman of that
Authority.
Sec 9(9) states that No act or proceeding of the District Authority shall be invalid merely on the
ground of the existence of any vacancy in, or any defect in the constitution of, the District Authority.]
FUNCTIONS OF THE DISTRICT AUTHORITY.
According to Sec 10(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.
According to Sec 10(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:
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1[(a) coordinate the activities of the Taluk Legal Services Committee and other legal services in
the District;]
1.
Subs. by Act 59 of 1994, s. 8, for clause (a) (w.e.f. 29-10-1994).
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(b) organize Lok Adalats within the District; and
(c) perform such other functions as the State Authority may 1*** fix by regulations.
DISTRICT AUTHORITY TO ACT IN COORDINATION WITH OTHER AGENCIES AND
BE SUBJECT TO DIRECTIONS GIVEN BY THE CENTRAL AUTHORITY, ETC.
[SECTION 11] In the discharge of its functions under this Act, the District Authority shall, wherever
appropriate, act in coordination 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.
TALUK LEGAL SERVICES COMMITTEE.
According to Sec11A (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.
According to Sec11A (2)The Committee shall consist of
(a) The 3[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.
According to Sec11A (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 of its functions.
According to Sec11A (4)The officers and other employees of the Committee shall be entitled to such
salary and allowances and shall be subject to such other conditions of service as may be prescribed by
the State Government in consultation with the Chief Justice of the High Court.
According to Sec11A (5)The administrative expenses of the Committee shall be defrayed out of the
District Legal Aid Fund by the District Authority.
FUNCTIONS OF TALUK LEGAL SERVICES COMMITTEE.
[SECTION 11B] The Taluk Legal Services Committee may perform all or any of the following
functions, namely:
(c) co-ordinate the activities of legal services in the taluk;
(d) organize Lok Adalats within the taluk; and
(e) perform such other functions as the District Authority may assign to it.]
CHAPTER IV
ENTITLEMENT TO LEGAL SERVICES
CRITERIA FOR GIVING LEGAL SERVICES.
[SECTION 12] 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 begar as referred to in article 23 of the
Constitution;
(c) a woman or a child;
4[(d) a person with disability as defined in clause (i) of section2 of the Persons With Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);]
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1.
The words “, in consultation with the State Government,” omitted by Act 59 of 1994, s. 8 (w.e.f. 29-10-1994).
2.
Ins. by s. 9, ibid. (w.e.f. 29-10-1994).
3.
Subs. by Act 37 of 2002, s. 2, for “senior Civil Judge” (w.e.f. 11-6-2002).
4.
Subs. by Act 1 of 1996, s. 74, for clause (d) (w.e.f. 7-2-1996).
15
(e) a person under circumstances of underserved want such as being a victim of a mass disaster,
ethnic, violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
(f) an industrial workman; or
(g) in custody, including custody in a protective home within the meaning of clause (g) of
section2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956), or in a juvenile home within
the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986), or in a
psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section2 of the
Mental Health Act, 1987 (14 of 1987); or
1[(h) in receipt of annual income less than rupees nine thousand or such other higher amount as
may be prescribed by the State Government, if the case is before a court other than the Supreme
Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the
Central Government, if the case is before the Supreme Court.]
Khatri v. State of Bihar (II), 1981 SCC (1) 627
Relevance:
Although predating the Act, this case is often cited in context of Section 12 (entitlement to legal
aid). The Supreme Court highlighted the constitutional obligation to provide free legal aid under
Article 39-A and the need for statutory recognition, which later influenced the formulation of
the 1987 Act.
Centre for Legal Research v. State of Kerala
Citation: AIR 1986 SC 1322
Relevance:
The Supreme Court directed the State Government to provide free legal aid to undertrial
prisoners. This case reinforced the State’s duty under Article 39-A, directly linking to the later
enactment and implementation of Section 12 of the Legal Services Authorities Act, 1987.
ENTITLEMENT OF LEGAL SERVICES.
According to Sec13 (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.
According to Sec 13(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.
Bar Council of India v. Union of India, AIR 2012 SC 3246
Relevance:
This case discussed the pro bono legal services and the need to strengthen legal aid mechanisms
16
under the Act. It emphasized the responsibility of the state and the legal profession in ensuring
access to justice for the poor, which is the core purpose of the Act under Sections 12 and 13.
Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1360
Relevance: Recognized the right to free legal aid for undertrial prisoners and persons in custody;
it influenced the enactment and design of Section 13.
CHAPTER V
FINANCE, ACCOUNTS AND AUDIT
GRANTS BY THE CENTRAL GOVERNMENT.
[SECTION 14] 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.
NATIONAL LEGAL AID FUND.
According to Sec 15(1) The Central Authority shall establish a fund to be called the National Legal
Aid Fund and there shall be credited thereto
(d) all sums of money given as grants by the Central Government under section 14;
(e) any grants or donations that may be made to the Central Authority by any other person for the
purposes of this Act;
(f) any amount received by the Central Authority under the orders of any court or from any other
source.
According to Sec 15(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;
2[(b) the cost of legal services provided by the Supreme Court Legal Services Committee;
(c) any other expenses which are required to be met by the Central Authority.]
STATE LEGAL AID FUND.
According to Sec 16(1) A State Authority shall establish a fund to be called the State Legal Aid Fund
and there shall be credited thereto
(g) all sums of money paid to it or any grants by the Central Authority for the purposes of this
Act;
(h) 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;
(i) any other amount received by the State Authority under the orders of any court or from any
other source.
1.
Subs. by Act 59 of 1994, s. 10, for clause (h) (w.e.f. 29-10-1994).
2.
Subs. by s. 11, ibid., for clause (b) (w.e.f. 29-10-1994).
17
According to Sec 16(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 Committee;
(c) any other expenses which are required to be met by the State Authority.]
DISTRICT LEGAL AID FUND.
According to Sec 17(1)Every District Authority shall establish a fund to be called the District
Legal Aid Fund and there shall be credited thereto
(j) all sums of money paid or any grants made by the State Authority to the District Authority for
the purposes of this Act;
2[(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) anyother amount received by the District Authority under the orders of any court or from any
other source.
According to Sec 17(2)A District Legal Aid Fund shall be applied for meeting
(a) the cost of functions referred to in section 10 3[and 11B];
(b) any other expenses which are required to be met by the District Authority.
ACCOUNTS AND AUDIT.
According to Sec 18(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.
According to Sec 18(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.
According to Sec 18(3)The Comptroller and Auditor-General of India and any other person appointed
by him in connection with the auditing of the accounts of an Authority under this Act shall have the
same rights and privileges and authority in connection with such audit as the Comptroller and
Auditor-General of India has in connection with the auditing of the Government accounts and, in
particular, shall have the right to demand the production of books, accounts, connected vouchers and
other documents and papers and to inspect any of the offices of the Authorities under this Act.
According to Sec 18(4) The accounts of the Authorities, as certified by the Comptroller and Auditor-
General of India or any other person appointed by him in this behalf together with the audit report
thereon, shall be forwarded annually by the Authorities to the Central Government or the State
Governments, as the case may be.
4 According to Sec 18(5) The Central Government shall cause the accounts and the audit report
received by it under sub- section (4) to be laid, as soon as may be after they are received, before each
House of Parliament.
According to Sec 18(6) The State Government shall cause the accounts and the audit report received
by it under sub- section (4) to be laid, as soon as may be after they are received, before the State
Legislature.]
CHAPTER VI
LOK ADALATS
ORGANISATION OF LOK ADALATS.
18
According to Sec 19(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,
1.
Subs. by Act 59 of 1994, s. 12, for clause (b) (w.e.f. 29-10-1994).
2.
Subs. by s. 13, ibid., for clause (b) (w.e.f. 29-10-1994).
3.
Ins. by s. 13, ibid. (w.e.f. 29-10-1994).
4.
Ins. by s. 14, ibid. (w.e.f. 29-10-1994).
5.
Subs. by s. 15, ibid., for sections 19 and 20 (w.e.f. 29-10-1994).
19
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.
According to Sec 19(2)Every Lok Adalat organised for an area shall consist of such number of
(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.
According to Sec 19(3)The experience and qualifications of other persons referred to in clause (b) of
sub-section (2) for Lok Adalats organised 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.
According to Sec19 (4)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.
According to Sec 19(5)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
(i) any case pending before; or
(ii) any matter which is falling within the jurisdiction of, and is not brought before,
any Court for which the Lok Adalat is organised:
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.
Salem Advocate Bar Association v. Union of India
Citation: (2005) 6 SCC 344
Relevance:
The Supreme Court upheld alternative dispute resolution (ADR) mechanisms under the Civil
Procedure Code (CPC), highlighting the role of Lok Adalats under Section 19. It emphasized
encouraging amicable dispute resolution outside the formal court system.
COGNIZANCE OF CASES BY LOK ADALATS.
According to Sec 20(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 isprima facie satisfied that there
are chances of such settlement; or
(ii) thecourt 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.
20
According to Sec 20(2)Notwithstanding anything contained in any cither law for the time being in
force, the Authority or Committee organising the Lok Adalat under sub-section (1) of section19 may,
on receipt of an application from any one of the parties to any matter referred to in clause (ii) of sub-
section (5) of section 19 that such matter needs to be determined by a Lok Adalat, refer such matter
to the Lok Adalat, for determination:
Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable
opportunity of being heard to the other party.
According to Sec 20(3)Where any case is referred to a Lok Adalat under sub-section (1) or where a
reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the
case or matter and arrive at a compromise or settlement between the parties.
21
According to Sec20 (4)Every Lok Adalat shall, while determining any reference before it under this
Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall
be guided by the principles of justice, equity, fair play and other legal principles.
According to Sec 20(5)Where no award is made by the Lok Adalat on the ground that no compromise
or settlementcould be arrived at between the parties, the record of the case shall be returned by it to
the court, from which the reference has been received under sub-section (1) for disposal in accordance
with law.
According to Sec 20(6)Where no award is made by the Lok Adalat on the ground that no compromise
or settlement could be arrived at between the parties, in a matter referred to in sub-section (2), that
Lok Adalat shall advice the parties to seek remedy in a court.
According to Sec 20(7)Where the record of the case if returned under sub-section (5) to the court,
such court shall proceed to deal with such case from the stage which was reached before such
reference under sub-section (1).]
AWARD OF LOK ADALAT.1[
According to Sec 21(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-fee
paid in such case shall be refunded in the manner provided under the Court-fees Act, 1870 (7 of
1870).]
According to Sec 21(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.
State of Punjab v. Jalour Singh, (2008) 2 SCC 660
Relevance:
This case clarified the legal sanctity of Lok Adalat awards under Section 21 of the Act. The
Supreme Court held that an award passed by a Lok Adalat is deemed to be a decree of a civil
court and is final and binding on all parties. It emphasized that the award is non-appealable and
enforceable as a civil court decree.
B.P. Moideen Sevamandir v. A.M. Kutty Hassan
Citation: (2009) 2 SCC 198
Relevance:
Clarified that Lok Adalat awards under Section 21 are final and binding, equivalent to a civil
court decree, and not appealable.
POWERS OF 2[LOK ADALAT OR PERMANENT LOK ADALAT.]
According to Sec 22(1)The 2[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:
22
(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.
According to Sec 22(2)Without prejudice to the generality of the powers contained in sub-section (1),
every 2[Lok Adalat or Permanent Lok Adalat] shall have the requisite powers to specify its own
procedure for the determination of any dispute coming before it.
According to Sec 22(3)All proceedings before a 2[Lok Adalat or Permanent Lok Adalat] shall be deemed
to be judicial proceedings within the meaning of sections 193,219 and 228 of the Indian Penal Code (45 of
1860) and every 2[Lok Adalat or Permanent Lok Adalat] shall be deemed to be a Civil Court for the
purpose of section195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
3[CHAPTER VIA
PRE-LITIGATION CONCILIATION AND SETTLEMENT
DEFINITIONS.In this Chapter and for the purposes of sections 22 and 23, unless the context
otherwise requires,
(a) “Permanent Lok Adalat” means a Permanent Lok Adalat established under sub-section (1) of
section22B;
1.
Subs. by Act 59 of 1994, s. 16, for sub-section (1) (w.e.f. 29-10-1994),
2.
Subs. by Act 37 of 2002, s. 3, for “Lok Adalat” (w.e.f. 11-6-2002).
3.
Ins. by s. 4, ibid. (w.e.f. 11-6-2002).
23
(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)insurance service,
and includes any service which the Central Government or the State Government, as the case may be,
in the public interest, by notification, declare to be a public utility service for the purposes of this
Chapter.
ESTABLISHMENT OF PERMANENT LOK ADALATS.
According to Sec 22B(1) Notwithstanding anything contained in section19, 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.
According to Sec 22B(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 State Government on the recommendation of the
Central Authority or, as the case may be, the State Authority,
appointed by the Central Authority or, as the case may be, the State Authority, establishing such
Permanent Lok Adalat and the other terms and conditions of the appointment of the Chairman and other
persons referred to in clause (b) shall be such as may be prescribed by the Central Government.
InterGlobe Aviation Ltd. v. N. Satchidanand, (2011) 7 SCC 463
Relevance:
The Supreme Court held that permanent Lok Adalats (PLAs) under Section 22-B have no
jurisdiction over matters involving non-compoundable offences or disputes where parties
require adjudication, unless both parties agree to a settlement. This judgment delineated the
scope and limits of PLAs under the Act.
Board of Trustees of the Port of Visakhapatnam v. Presiding Officer, Permanent Lok Adalat
Citation: (2021) 4 SCC 222
Relevance:
This case explained the jurisdiction of Permanent Lok Adalats (PLAs) under Section 22-B. It
clarified that PLAs can decide disputes even if one party does not agree to a settlement, provided
the matter relates to public utility services.
COGNIZANCE OF CASES BY PERMANENT LOK ADALAT.
24
According to Sec 22C(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 often lakh rupees
specified in the second proviso in consultation with the Central Authority.
According to Sec 22C(2)After an application is made under sub-section(1) to the Permanent Lok Adalat,
no party to that application shall invoke jurisdiction of any court in the same dispute.
According to Sec 22C(3)Where an application is made to a Permanent Lok Adalat under sub-
section(1), it
(a) shall direct each party to the application to file before it a written statement, stating therein
the facts and nature of dispute under the application, points or issues in such dispute and grounds
relied in support of, or in opposition to, such points or issues, as the case may be, and such party
may supplement such statement with any document and other evidence which such party deems
appropriate in proof of such facts and grounds and shall send a copy of such statement together with
a copy of such document and other evidence, if any, to each of the parties to the application;
(b) may require any party to the application to file additional statement before it at any stage of
the conciliation proceedings;
25
(c) shall communicate any document or statement received by it from any party to the
application to the other party, to enable such other party to present reply thereto.
According to Sec 22C(4)When statement, additional statement and reply, if any, have been filed
under sub-section(3), to the satisfaction of the Permanent Lok Adalat, it shall conduct conciliation
proceedings between the parties to the application in such manner as it thinks appropriate taking into
account the circumstances of the dispute.
According to Sec 22C(5)The Permanent Lok Adalat shall, during conduct of conciliation
proceedings under sub-section(4), assist the parties in their attempt to reach an amicable settlement
of the dispute in an independent and impartial manner.
According to Sec 22C(6)It shall be the duty of the every party to the application to cooperate in good
faith with the Permanent Lok Adalat in conciliation of the dispute relating to the application and to
comply with the direction of the Permanent Lok Adalat to produce evidence and other related
documents before it.
According to Sec 22C(7)When a Permanent Lok Adalat, in the aforesaid conciliation proceedings, is
of opinion that there exist elements of settlement in such proceedings which may be acceptable to the
parties, it may formulate the terms of a possible settlement of the dispute and give to the parties
concerned for their observations and in case the parties reach at an agreement on the settlement of the
dispute, they shall sign the settlement agreement and the Permanent Lok Adalat shall pass an award
in terms thereof and furnish a copy of the same to each of the parties concerned.
According to Sec 22C(8)Where the parties fail to reach at an agreement under sub-section (7), the
Permanent Lok Adalat shall, if the dispute does not relate to any offence, decide the dispute.
PROCEDURE OF PERMANENT LOK ADALAT.
[SECTION 22D] 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).
AWARD OF PERMANENT LOK ADALAT TO BE FINAL.
According to Sec 22E(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.
According to Sec 22E(2)Every award of the Permanent Lok Adalat under this Act shall be deemed to
be a decree of a civil court.
According to Sec 22E(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.
According to Sec22E (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.
According to Sec22E (5)The Permanent Lok Adalat may transmit any award made by it to a
civil court having local jurisdiction and such civil court shall execute the order as if it were a decree
made by that court.]
CHAPTER VII
MISCELLANEOUS
MEMBERS AND STAFF OF AUTHORITIES, COMMITTEES AND LOK ADALATS TO BE
PUBLIC SERVANTS.
[SECTION 23]The members including Member-Secretary or, as the case may be, Secretary of the
Central Authority, the State Authority, 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 the persons
constituting Permanent Lok Adalats] shall be deemed to be public servants within the meaning of
26
section21 of the Indian Penal Code (45 of 1860).
1.
Subs. by Act 59 of 1994, s. 17, for sections 23 and 24 (w.e.f. 29-10-1994),
2.
Subs. by Act 37 of 2002, s. 5, for “members of the LokAdalats” (w.e.f. 11-6-2002).
27
PROTECTION OF ACTION TAKEN IN GOOD FAITH.
[SECTION 24]No suit, prosecution or other legal proceeding shall lie against
(a) the Central Government or State Government;
(b) the Patron-in-Chief, Executive Chairman, members of, Member-Secretary or officers or other
employees of the Central Authority;
(c) Patron-in-Chief, 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 sub-clauses (b) to (d),
for anything which is in good faith done or intended to be done under the provisions of this Act or any
rule or regulation made thereunder.]
ACT TO HAVE OVERRIDING EFFECT.
[SECTION 25]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 law other than this Act.
POWER TO REMOVE DIFFICULTIES.
According to Sec 26(1) If any difficulty arises in giving effect to the provisions 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.
According to Sec 26(2) Every order made under this section shall, as soon as may be after it is made,
be laid before each House of Parliament.
POWER OF CENTRAL GOVERNMENT TO MAKE RULES.
According to Sec 27(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.
According to Sec 27(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 section3;
(b) the experience and qualifications of the Member-Secretary of the Central Authority and his
powers and functions under sub-section(3) of section3;
(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;
(d) the number of officers and other employees of the Central Authority under sub-section(5) of
section3;
(e) the conditions of service and the salary and allowances of officers and other employees of the
Central Authority under sub-section(6) of section3;
(f) the number, experience and qualifications of members of the Supreme Court Legal Services
Committee under clause (b) of sub-section(2) of section 3A;
(g) the experience and qualifications of Secretary of the Supreme Court Legal Services
28
Committee under sub-section(3) of section3A;
1. Subs. by Act 59 of 1994, s. 18, for sections 27, 28 and 29 (w.e.f. 29-10-1994).
29
(h) the number of officers and other employees of the Supreme Court Legal Services Committee
under sub-section(5) of section 3A and the conditions of service and the salary and allowances
payable to them under sub-section(6) of that section;
(i) the upper limit of annual income of a person entitling him to legal services under clause (h) of
section12, if the case is before the Supreme Court;
(j) the manner in which the accounts of the Central Authority, the State Authority or the District
Authority shall be maintained under section18;
(k) the experience and qualifications of other persons of the LokAdalatsorganised by the Supreme
Court Legal Services Committee specified in sub-section(3) of section19;
(l) other matters under clause (e) of sub-section(1) of section22;
1[(la) the other terms and conditions of appointment of the Chairman and other persons under
sub-section (2) of section 22B;]
(m) any other matter which is to be, or may be, prescribed.
POWER OF STATE GOVERNMENT TO MAKE RULES.
According to Sec 28(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.
According to Sec 28(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 State Authority under
clause (c) of sub-section(2) of section6;
(b) the powers and functions of the Member-Secretary of the State Authority under sub-section(3)
of section6;
(c) the terms of office and other conditions relating thereto, of members and Member-Secretary of
the State Authority under sub-section(4) of section6;
(d) the number of officers and other employees of the State Authority under sub-section(5) of
section6;
(e) the conditions of service and the salary and allowances of officers and other employees of the
State Authority under sub-section(6) of section6;
(f) the experience and qualifications of Secretary of the High Court Legal Services Committee
under sub-section(3) of section 8A;
(g) the number of officers and other employees of the High Court Legal Services Committee
under sub-section(5) of section 8A and the conditions of service and the salary and allowances
payable to them under sub-section(6) of that section;
(h) the number, experience and qualifications of members of the District Authority under clause
(b) of sub-section(2) of section9;
(i) the number of officers and other employees of the District Authority under sub-section(5) of
section9;
(j) the conditions of service and the salary and allowances of the officers and other employees of
the District Authority under sub-section(6) of section9;
(k) the number, experience and qualifications of members of the Taluk Legal Services Committee
under clause (b) of sub-section(2) of section 11A;
(l) the number of officers and other employees of the Taluk Legal Services Committee under sub-
section(3) of section 11A;
30
1. Ins. by Act 37 of 2002, s. 6 (w.e.f. 11-6-2002).
31
(m) the conditions of service and the salary and allowances of officers and other employees of the
Taluk Legal Services Committee under sub-section(4) of section 11A;
(n) the upper limit of annual income of a person entitling him to legal services under clause (h)
of section12, if the case is before a court, other than the Supreme Court;
(o) the experience and qualifications of other persons of the LokAdalats other than referred to in
sub-section(4) of section19;
(p) any other matter which is to be, or may be, prescribed.
POWER OF CENTRAL AUTHORITY TO MAKE REGULATIONS.
According to Sec 29(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
provisions is necessary or expedient for the purposes of giving effect to the provisions of this Act.
According to Sec 29(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 section3A;
(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 section3A.
POWER OF STATE AUTHORITY TO MAKE REGULATIONS.
According to Sec 29A(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 in necessary or expedient for the purposes of giving effect to the provisions of this Act.
According to Sec 29A(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 section7;
(b) the powers and functions of the High Court Legal Services Committee under sub-section(1) of
section8A;
(c) the number, experience and qualifications of members of the High Court Legal Services
Committee under clause (b) of sub-section(2) of section8A;
(d) the terms of office and other conditions relating thereto, of the members and Secretary of the
High Court Legal Services Committee under sub-section(4) of section8A;
(e) the term of office and other conditions relating thereto, of the members and Secretary of the
District Authority under sub-section(4) of section9;
(f) the number, experience and qualifications of members of the High Court Legal Services
Committee under clause (b) of sub-section(2) of section 8A;
(g) other functions to be performed by the District Authority under clause (c) of sub-section(2) of
section10;
(h) the term of office and other conditions relating thereto, of members and Secretary of the Taluk
Legal Services Committee under sub-section(3) of section 11A.]
LAYING OF RULES AND REGULATIONS.
According to Sec 30(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
32
should not be made, the rule or regulation shall thereafter have effect only in such modified form or
be of
33
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.
According to Sec 30(2)Every rule made under this Act by a State Government and every regulation
made by a State Authority thereunder shall be laid, as soon as may be after it is made, before the State
Legislature.