Summary of the National Legal Services Authority Rules 1955 And Regulations

The National Legal Services Authority of India, popularly known as NALSA, is a government-run agency that offers legal services. The National Legal Services Authority of India was founded under the Legal Services Authorities Act of 1987 to develop a statewide framework of a standard type that would offer competent legal services to the poorer sectors of society at no cost.

The Authority was established in November 1995. In 1995, the Supreme Court of India established “National Legal Services Day.” It arranges Lok Adalats to expedite the settlement of issues. The Chief Justice of India serves as the Authority’s Patron-in-Chief, while the Executive Chairman is the Supreme Court’s second-most senior judge. The State Legal Services Authority has been established at the state level to give effect to NALSA’s ideas and to head Lok Adalats in the states.

NALSA provides assets to the State Legal Services Authority for the implementation of various legal guidelines and initiatives. The District Legal Services Authority has also been established at the local level. Taluk Legal Services Committees are also formed for each Taluk or Mandal, or for a group of Taluks or Mandals, to help with the administration of legal administrations in the Taluk and to put together Lok Adalats.

NALSA’s prime goal is to expedite the disposal of cases while reducing the weight of the legal executive. Other objectives include spreading legal awareness, sorting out Lok Adalats, promoting question settlements, and, finally, compensating victims of wrongdoing.

National Legal Services Authority (Lok Adalat) Regulations, 2009

As the name implies, this rule discusses the operation and processes of Lok Adalat, which are governed by Section 19 of the Legal Services Authority Act of 1987. Lok Adalats are held at regular intervals of specific geographical regions by the State Authorities, District Authorities, Supreme Court Legal Services Committee, High Court Legal Services Committee, or Taluk Legal Services Committees. Additionally, special Lok Adalats are held at regular intervals for all Family Courts.

The Secretary or Chairman must notify the State Authority of the proposal to organise the Lok Adalat prior to the date on which the Lok Adalat is suggested to be organised, and provide information to the State Authority concerning the place and date on which the Lok Adalat is being held, whether any organizations have consented to identify themselves with Lok Adalat, the categorizations and nature of cases, the number of cases proposed to be brought before Lok Adalat. Notice to parties concerned is sent well in time to provide the parties an opportunity to prepare themselves.

Section 6 of the rules address the makeup of Lok Adalats at the State Authority, High Court, District, and Taluk levels. If the Lok Adalat is held on a holiday or after court hours on a working day, the 6 presiding judges and other members and employees supporting the Lok Adalat must be given a Special Duty Allowance that is not less than the allowance approved by the National Legal Services Authority.

The jurisdiction of Lok Adalat lies within the scope to help the parties to arrive at a compromise or settlement only. It cannot issue any direction or order in respect of such a dispute between the parties. References f cases and matters are done as prescribed in Section 20 of the Act or under Section 89 of the Code of Civil Procedure, 1908 (5 of 1908).

The Member Secretary, the Secretary or the Chairman are responsible for summoning the judicial records of pending cases and the officer duly authorised is responsible for the safe custody of records till they are returned. The judicial records are to be returned within ten days of the Lok Adalat irrespective of whether or not the case is settled by the Lok Adalat with an endorsement about the result of proceedings.

The members follow the procedures outlined in sections 67 to 76 of the Arbitration and Conciliation Act, 1996 (26 of 1996) for Lok Adalats, as they are prohibited from directly or indirectly pressuring or coercing any of the parties to compromise or settle. They are governed by principles of natural justice, equity, fairness, and objectivity, taking into account, among other things, the parties rights and responsibilities, tradition and usages, and the circumstances surrounding the dispute. It should be carried out while taking into consideration the facts of the case and determining solely the foundation of a compromise by issuing an award.

Lok Adalat communicates with the parties verbally or in writing, and the parties meet jointly or individually. If one of the parties wishes to keep information private, the panel must not reveal it. Each party provides recommendations for conflict resolution on his or her own initiative or at the Lok Adalat’s invitation.

It becomes an award when both parties sign or affix their thumb impressions and the members of the Lok Adalat countersign it. It is essentially an administrative act that incorporates the conditions of settlement or compromise agreed upon by the parties under Lok Adalat’s supervision and aid. The award must be unambiguous and clear, and it must be written in either the regional language used in local courts or English.

It also includes case specifics such as the case number, the name of the court and the names of the parties, the date of reception, the register number allocated to the case in the permanent Register, and the date of settlement.

In matters referred to Lok Adalat by a court, the award states that the plaintiff or petitioner is entitled to a reimbursement of the court expenses paid. When the parties are not accompanied or represented by counsel, the Lok Adalat members confirm the parties’ identities before recording the settlement. It is maintained that the parties sign only after thoroughly comprehending and recording the conditions of the settlement.

Before signing their names, Lok Adalat members must convince themselves of the following: (a) that the settlement conditions are not unfair, unlawful, or one-sided. (b) that the parties entered into the settlement willingly and not under threat or pressure or undue influence Lok Adalat is not permitted to award bail or divorce based on mutual consent. The original award is kept in the judicial records, and a copy is supplied to each of the parties.

Members of Lok Adalat retain confidentiality throughout since they are not to discuss any subject that has occurred before them. The exception is where such disclosure is required for the award’ implementation and enforcement. The parties’ points of view are not to be used as evidence in court, and no record of the statement is created. If any Lok Adalat member violates the secrecy and ethical considerations that are similar to any other court hearing, they are dismissed from the Lok Adalat panel of members.

If the panel is unable to reach an agreement, the parties are urged to seek alternative dispute resolution approaches or to go to court.

National Legal Services Authority (Free Ad Competent Legal Services) Regulations, 2010

The regulation of 2010 came into effect with the pursuance of the provisions of section 4 of the Legal Services Authority Act, 1987 to make available free and competent legal services to the persons entitled to such services under section 12 of the Act. The regulation defines the Front office, monitoring and mentoring committee, panel lawyers, retainer lawyers, and other legal terms that have the same meaning as defined under the Act.

Section 3 lays down the instructions regarding the submission of applications for legal services. Such applications are to be presented in form-I in the local language or English. A summary of grievances has to be submitted in a separate sheet along with the application by the applicant. An arrangement for helping the illiterate applications is done to fill out the form and other documents.

Oral requests are equally entertained along with emails and interactive online facilities. The applicant must bring along a self-attested copy of relevant documents or certificates specifying that he falls under the categories of persons entitled to free legal services under section 12 of the Act as proof of entitlement to free legal services. Such application is scrutinised by the Member secretary or secretary or any other officer and if the details furnished by such applicant come out to be false or untrue, he is stopped and all the expenses incurred by the legal services institutions are recovered by him.

A decision on the application has to be taken immediately, but not more than 7 days from the date of receipt of the application. If the applicant doesn’t fall under the persons entitled under Section 12, he is advised to seek assistance from any other body that is willing to provide free legal services either voluntarily or under any scheme. A list of such agencies, institutions, or persons is maintained by the Legal services institutions.

All the legal service institutions have a front office to be manned by a retainer lawyer on a rotation basis and one or more para-legal volunteers available during office hours. The persons manning the office are required to have to be qualified with a master’s degree in social work or diploma or master’s in psychiatry or psychology from any recognised institute. The lawyers or volunteers can obtain secretarial assistance from the staff of the institution they work in.

Applications from legal practitioners for their empanelment as panel lawyers are accepted with proof of their professional experience with a special reference to the type of cases they prefer to be entrusted with.

The applications are scrutinised by the Executive Chairman or Chairman of the Legal Services Institution in consultation with the Attorney General [for the Supreme Court], Advocate General [for the High Court], District Attorney or Government Pleader [for District and Taluka level] and the Monitoring and Mentoring Committee set up under regulation 10. No legal practitioner having less than three years’ experience at the Bar is empanelled in ordinary cases.

The competency, integrity, suitability and experience of lawyers is taken into consideration by the Executive Chairman or Chairman for their empanelment. If the special engagement of senior advocates is required for any specific case, then the Legal service institution has to work for the arrangement of such. Their honorarium is decided by the Executive or the Chairman.

Additionally, a list of legal practitioners from the panel is prepared to be chosen to be designated as Retainers. The Retainer is selected for a period fixed by the Executive Chairman on a rotation basis or by any other method specified by him. The numbers should not exceed the minimal requirement as determined.

The honorarium payable is Rs. 40,000 for SC legal services committee Rs. 25,000 for SLSA committee, Rs. 15,000 for DLSA and Rs. 10,000 in case of the Taluk Legal Services Committee. This honorarium specified is in addition to the honorarium of fee payable by the Legal Services Institutions. If it is counted on the basis of the number of days, it should not be less than Rs. 1500 per day of sitting at the district and taluk level and Rs. 2500 per day at the High court level.

The panel lawyers are not permitted to receive any remuneration from the person to whom they have rendered their services under these regulations. They undergo training periodically as per modules prepared by the NALSA and SLSA. If such person engaged does not perform satisfactorily or acts contrary to the Act, appropriate steps such as withdrawal of the case and removal from the panel are taken. They are paid fees in accordance with the Schedule of fees, as approved under the State Regulations.

Legal services by way of legal advice, consultation, drafting, and conveyancing is provided by a panel of senior lawyers, law firms, retired judicial officers, mediators, conciliators and law professors in the law universities or law colleges which is maintained by the Chairman of the legal services institution. A special panel is also maintained consisting of retired senior bureaucrats, senior executives, retired police officials, doctors, engineers, psychiatrists, marriage counsellors, chartered accountants, educationists and other experts of the specialised field for legal services.

Every institution sets up a monitoring and mentoring committee for close scrutiny of court-based legal services rendered and the progress of the cases in legal-aided matters and to guide and advise the panel lawyers. The members render their services on the days as required and fixed by the Chairman. The committee consists of-

At the Supreme Court level

• a Senior Advocate or an Advocate of at least 15 years of standing as nominated by the Chairman, Supreme Court Legal Services Committee;
• Secretary, Supreme Court Legal Services Committee;
• a renowned Academician or an Advocate-on-Record having ten years of practice to be nominated by the Chairman of the Supreme Court Legal Services Committee;
• The Legal Service Counsel-cum-Consultant, Supreme Court Legal Services Committee.

At the High Court level

• a Senior Advocate or an Advocate of at least 15 years of standing as nominated by the Chairman, High Court Legal Services Committee;
• Secretary, High Court Legal Services Committee.

At State or DLSA level

• Member-Secretary or Secretary of the Legal Services Institution, as the case may be
• one serving judicial officer from the State Higher Judicial Service;
• one retired judicial officer or one Advocate of fifteen years’ standing or more.

At Taluk level- Chairman of the Taluk Legal Services Committee

• one retired judicial officer 23
• one advocate of 10 years standing or more

Evaluation of the legal aid cases from the Supreme court legal services committee is done by sending a bi-monthly report to the Central Authority. Its Patron-in-Chief for High court and SLSA committees and Executive Chairman of SLSA for district committees. The SLSA has to also send a consolidated half-yearly report mentioning the success or failure of each case to the Central Authority.

Whenever court-based legal aid is provided to an applicant, the Member-Secretary or Secretary sends the details in Form II to the Monitoring and Mentoring Committee at the earliest. The Legal Services Institution has to provide adequate staff and infrastructure to the Monitoring and Mentoring Committee for maintaining the records of the day-to-day progress of the legal aided cases. The committee also assists in organizing training programmes for panel lawyers and mentor them from time to time to enhance their skills and services.

A register is maintained for legal aided cases to monitor the day-to-day progress of the case and its end result which is examined every month by the member secretary or chairman of the said institution. The committee submits bi-monthly reports containing its independent assessment on the progress of each and every legal aid case and the performance of the panel lawyer or Retainer lawyer, to the Executive Chairman or Chairman of the Legal Services Institution, and the next course of action is taken.

Financial assistance is provided in such a way that if a case for which legal aid has been granted requires additional expenditure like payment of court fees, the fee payable to the court-appointed commissions, for summoning witnesses or documents, expenses for obtaining certified copies, etc the Legal Services Institution has to take urgent steps for disbursement of the requisite amount on the advice of the panel lawyer or Monitoring and Mentoring Committee. In the case of appeal or revision, the Legal Services Institution personally has to bear the expenses for obtaining certified copies of the judgment and case records.

National Legal Services Authority (Legal Services Clinic) Regulations, 2011

The NALSA Regulations of 2011 explain the various legal terminology such as District ADR Centre, legal services clinic, legal services institution, panel lawyer, para legal volunteer, retainer lawyer, etc. Section 3 of the regulations gives information regarding the establishment of legal services clinic.

District Services Authority is provided with the task of establishing clinics in villages, jails, educational institutions, community centers, protection homes, Courts, juvenile justice boards, and other areas, etc according to the financial needs of the specific geographical area.

Each clinic has at least two para-legal volunteers available during the working hours of the clinic and these volunteers assist the lawyers if deputed in that area with drafting petitions, applications, pleadings, and other documents. They often are encouraged to obtain a diploma or degree in law for the proper betterment of their prospects in the long run.

The nearest legal services institution having territorial jurisdiction has the capacity to depute its panel lawyers or retainer lawyers who are amicable with needed skills for the settlement of disputes to the legal services clinic. If the matter handled by any such lawyer requires follow-up and continuous attention for a long duration, the same lawyer who has handled the matter can be entrusted to continue the legal services. It is the clinics that decide the frequency of visits by lawyers subject to the local requirements and financial capacity.

Services provided by the legal clinics

• It acts like a single-window facility for solving the problems of the disadvantaged whenever necessary.
• It prepares applications for job cards under the MGNREG scheme, identity card for govt purposes, and help common people with their issues relating to govt officials.
• Provides assistance with initial problems and drafting representations and notices, filling up forms for Public distribution and other social security schemes.

Functions of Para-legal volunteers

• Gives advice on initial problems, and helps in drafting petitions and notices, especially to the illiterates.
• If needed, they accompany the persons in need in interacting with govt officials.
• Fills in the availability of the services of the lawyer by contacting the nearest clinic for the lawyer.
• Distributes pamphlets and other materials in aid of legal education and shows active participation in legal awareness camps.

Such clinics are located at places that are generally easily accessible to the people of that locality. Rooms are made available as per necessity by the village panchayats and in case of shortage, the authorities are required to rent till alternative accommodation is made available.

A signboard, both in English and in the local language, depicting the name of the legal services clinic is placed and the working hours and the days of the operation of the clinic are mentioned on it. The infrastructure of the legal aid clinic is such that it consists of basic and essential furniture like a table and 5-6 chairs and such accommodations are provided by the local body institutions on which the clinic is set up. Adequate publicity is given by these institutions by spreading messages regarding the utility of the clinics.

Further mobile Lok Adalat vehicles are also arranged which consist of the members of the bench for the settlement of disputes identified by them

The lawyers and the para-legal volunteers attempt their best to resolve the disputes amicably but if they feel that such dispute can be resolved through any of the ADR mechanisms, they may refer it to the legal services institution having the territorial jurisdiction or to the District ADR center. Such lawyers and volunteers are subject to an honorarium engaged in the clinics. The honorarium is supposed to be no less than Rs. 500 for the lawyer and Rs. 250 for the volunteer. Additionally, special consideration is given in cases where the clinics are situated on difficult terrains and distant places.

The administrative control over such clinics is with the District Legal Services Authority and the power to issue instructions and guidelines lies with the State Legal Services Authority. The records of the matters and other registers are maintained by the Chairman or Secretary of the institutions of that geographical area. Lawyers and volunteers are directed to maintain their attendance in the registers and other records such as the names and addresses of the person seeking legal services are also kept in check.

Sections 22 to 26 lays down the rules relating to law students and colleges associated with clinics. The following regulations are applicable to the clinics run by law students set up in their universities. They require the permission of the DLSA to run the legal services clinics. They can adopt villages, especially in remote areas, and organize legal aid camps with the assistance of para-legal volunteers.

The surveys conducted by them are reported to the SLSA with copies to the institutions having territorial jurisdiction over that area. Law colleges are allowed to set up their own legal clinic with the permission of SLSA which render necessary technical assistance for the smooth functioning of the clinics. The students who complete their tasks successfully are awarded certificates by the district authority.

A monthly report is collected by the SLSA from the DLSA, law colleges, and universities, and a periodic review of the working of such clinics is done once in 3 months or more. After this, the SLSA issues directions and guidance for improving the services to ensure the disadvantaged are benefitted. Lastly, the SLSA is required to send quarterly reports to the NLSA.

This article has been submitted by Ananya Mishra, a student at Hidayatullah National Law University. Raipur.