Legal Services Authorities Act,1987
Act No : 39
Section : LAYING OF RULES AND REGULATIONS
SECTION 30: LAYING OF RULES AND REGULATIONS
(1) Every rule made under this Act by the Central Government and every regulation made by the Central Authority there under shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
(2) Every rule made under this Act by a State Government and every regulation made by a State Authority there under shall be laid, as soon as may be after it is made, before the State Legislature.
Footnotes:
1. All provisions except Chapter III enforced from 9 -11 -1995-See Gaz. of India, 9-11-95, Pt. II.S. 3(ii), Ext., p. I (No. 626) Provisions of Chapter III enforced in Sikkim from 9-11 -95 - See Gaz. of India, 1995, Pt. II, S. 3(ii), Ext., S. 0.919 (E)/95. Provisions of Chapt. III enforced in H. P. w.e.f. 22-11 -95 - See Gaz. of India, 27-11-95, Pt. II, S. 3 (ii), Ext., p. I (No. 658); S. 0. 934(E)/95 in Rajasthan w.r.e.f. 20-11 -95 - See Gaz. of India, 29-11 -95, Pt. II, S. 3(ii) Ext., S. 0.942 (E)/95; in A. P. w.e.f. 28-11-95 -See Gaz. of India, 29-11-95, Pt. II, S. 3(ii), Ext., S. 0. 941(E)/95.
2. Substituted for " (a) "Central Authority" means the National Legal Services Authority constituted under section 3 ; ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
3. Inserted vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
4. Inserted vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
5. Inserted vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
6. Inserted vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
7. Omited for "subject to the general directions of the Central Government,", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
8. Substituted for " (j) recommend to the Central Government grants-in -aid for the specific schemes to various voluntary social welfare 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; ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29,
1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
9. Substituted for "State and District Authorities and other voluntary social welfare institutions ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
10. Substituted for " 6 . Constitution of State Legal Services Authority .- (1) Every State Government shall constitute a Legal Services Authority for the State to exercise the powers and perform the functions conferred on a State Authority under this
Act. (2) A State Authority shall consist of- (a) the Chief Justice of the High Court or any other serving or retired Judge of the High Court nominated by the Governor in consultation with the Chief Justice, who shall be the Chairman of the State Authority; and (b) such other members possessing such experience and qualifications as may be prescribed and nominated by the State Government. (3) The State Government shall appoint the Law Secretary or the Judicial Secretary of the State as the Member-Secretary of the State Authority. (4) The terms and conditions of service of the members of the State Authority shall be such as may be prescribed by the State Government. (5) The State Government shall provide to the State Authority with such officers and employees as to consider necessary for carrying out the functions of that Authority under this Act. (6) The administrative expenses of the State Authority, including the salaries, allowances and pensions payable to the Member- Secretary and other officers and staff shall be defrayed out of the Consolidation Fund of the State. (7) 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 him in this behalf. (8) 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. ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
11. Substituted for "Lok Adalats", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
12. Substituted for "Central Government", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
13. Substituted for " 8 . State Authority to act in co-ordination with other agencies and be subject to directions given by the Central Government, etc .- In the discharge of its functions under this Act, the State Authority shall, wherever appropriate, act in co-ordinations with other governmental agencies non-governmental voluntary social welfare institutions, universities and others engaged in the work of promoting the cause of legal services to the poor and shall be guided by such directions as the Central Government, the State Government or the Central Authority may give to it in writing. 9 . Constitution of District Authorities .- (1) Every State Government shall constitute a Legal Services Authority for every District in the State to exercise the powers and perform the functions conferred on the District Authority under this Act. (2) A District Authority shall consist of - (a) the District Judge, who shall be its Chairman; and (b) such other members possessing such qualifications and experience as may be prescribed and nominated by that Government. (3) The State Government shall also appoint one of the members of the District Authority as the Secretary of that Authority. (4) The terms and conditions of service of the members of the District Authority shall be such as may be prescribed by the State Government. (5) The State Government shall provide every District Authority with such staff as it considers necessary for carrying out the functions assigned to the District Authorities under this Act. (6) The administrative expenses of every District Authority, including the salaries, allowances and pensions payable to the Secretary of every District Authority and the other staff shall be defrayed out of the Consolidated Fund of the State. (7) All orders and decisions of a District Authority shall be authenticated by the Secretary or any other officer of the Authority duly authorised by him in this behalf. (8) No act or proceeding of a 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.
", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
14. Substituted for " (a) co-ordinate the activities of legal services in the District; ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
15. The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
16. Substituted for " (b) any other expenses which are required to be met by the Central Authority. ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
17. Substituted for " (b) any other expenses which are required to be met by the State Authority. ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
18. Substituted for " (b) any grants or donations that may be made to the District Authority by any person for the purposes of this Act; ' ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
19. The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
20. Inserted vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
21. Substituted for " 19 . Organisation of Lok Adalats . - ( 1 ) The State or District Authorities may organise Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas, as.they think fit. (2) Every Lok Adalat organised for an area shall consist of such judicial officers of the area as may be specified by the State or District Authorities organising the Lok Adalat and such other members possessing such qualifications and experience as may be prescribed by the State Government. (3) A Lok Adalat shall have jurisdiction to determine and arrive at a compromise or settlement between the parties to a dispute in respect of any matter falling within the jurisdiction of any civil, criminal or revenue court or any tribunal constituted under any law for the time being in force in the area for which the Lok Adalat is organised. 20. Cognizance of cases by Lok Adalats .- (1) Where, in any Suit or other proceeding which is capable of being taken cognizance of by a Lok Adalat under the provisions of this Act and pending before any court or tribunal, if the parties thereof make a joint application to the court or tribunal indicating their intention to compromise the matter or to arrive at a settlement,, the presiding officer of the court or tribunal, as the case may be, may, instead of proceeding to effect a compromise between the parties or to arrive at a settlement himself, and notwithstanding anything contained in any other law for the time being in force, pass an order that the suit or proceeding shall stand transferred to the Lok Adalat for arriving at a compromise or settlement. (2) Notwithstanding anything contained in any other law for the time being in force, the District Authority may, on receipt of an application from any person that any dispute or matter pending for a compromise or settlement needs to bedetermined by a Lok Adalat, refer such dispute or matter to the Lok Adalat for determination.'' (3) Where any suit or proceeding is transferred 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 suit, proceeding, dispute or matter and arrive at a compromise or settlement between the parties. (4) Every Lok Adalat shall, while determining any proceeding before it under this Act, with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by legal principles and the principles of justice, equity and fair play. (5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, it shall be open to the parties to a suit or proceeding transferred from a court or tribunal under sub-section ( 1 ) to continue such suit or proceeding before such court or tribunal, or if it is a dispute or matter referred to a Lok Adalat under sub-section (1), any of the persons may institute a proceeding in an appropriate court. (6) Where, under sub-section (5), the parties to a suit or proceeding intend to continue the proceeding in such suit or proceeding before the court or tribunal from which it was transferred, such court or tribunal shall proceed to deal with such suit or proceeding from the stage at which it was before the suit or proceeding was transferred to the Lok Adalat. ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
22. Substituted for " (1) Every award of the Lok Adalat shall be deemed to be a decree of a civi court or order of any other court or tribunal and where a compromise or settlement has been arrived at, by a Lok Adalat in a suit or proceeding transferred to it under sub-section (1) of section 20 , the court-fee paid in such suit or proceeding shall be refunded in the manner provided under the Court-fees Act, 1870. ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
23. Substituted for " 23 . Members and staff of Authorities and Lok Adalats to be public servants .- The members of the Central Authority, the State Authorities and the District Authorities, and officers and other employees provided to such Authorities and the members of the Lok Adalats shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. 24 . Protection of action taken in good faith .- No suit, prosecution or other legal proceeding shall lie against the Central Government or State Government or against the Chairman or any other member of any Central, State or District Authority or any other person authorised by such Chairman or other member, for anything which is in good faith done or intended to be done under the provisions of this Act or any rule, regulation or order made there under. ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
24. Substituted for " 27. Power of the Central Government to make rules , - (1) The Central Government may, by notification, make rules to carry out the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all matters in respect of which rules are required to be made by the Central Government under this Act.
28 . Power of the State Government to make rules .- A State Government may, by notification, make rules to provide for any matter, not being a matter specified in section 27 , in respect of which rules are required to be made by the State Government under this Act.
29 . Power to make regulations .- The Central Authority and every State Authority may, by notification, make regulations not inconsistent with the provisions of this Act and the rules made hereunder, to provide for all matters in respect of which regulations are required to be made by the Central or State Authorities under this Act. ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
25. Substituted for " 3 . Constitution of the National Legal Services Authority .- (1) The Central Government shall constitute a body called the National Legal Services Authority to exercise the powers and perform the functions conferred on a Central Authority under this Act. (2) The Central Authority shall consist of - (a) the Chief Justice of India who shall be the Patron-in -Chief; (b) a serving or retired Judge of the Supreme Court, nominated by the President, in consultation with the Chief Justice of India, who shall be the Executive Chairman; and (c) such other members possessing such experience and qualifications as may be prescribed and nominated by the Central Government. (3) The Central Government shall appoint an officer of the Department of Legal Affairs of the Ministry of Law and Justice of the Government of India, not lower in rank than that of a Special Secretary to that Government as the Member-Secretary of the Central Authority. (4) The terms and conditions of service of the members of the Central Authority shall be such as may be prescribed by the Central Government. (5) The Central Government shall provide the Central Authority with such other officers and employees as it considers necessary for carrying out the functions of that Authority under this Act. (6) The administrative expenses of the Central Authority, including the salaries, allowances and pensions payable to the officers and staff of the Central Authority shall be defrayed out of the Consolidated Fund of India. (7) 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 him in this behalf. (8) No act or proceeding of the Central Authority shall be invalid merely on the ground of the existence of any vacancy in, any defect in the constitution of the Central Authority. ", vide The Legal Services Authorities (Amendment) Act, 1994 (59 Of 1994), Dt. October 29, 1994 Published in Received the assent of the President on October 29, 1994 and published in the Gazette of India, Extra.. Part II, Section 1, dated 29th October, 1994.
26. In section 11A, sub-rule (2),clause (a) the words "senior Civil Judge" shall be substituted by Legal Services Authorities (Amendment) Act, 2002(37 of 2002)., Gaz. of India. Exty., Pt. Il-Sec. 1, No. 40, dt. 12.6.2002, p.1.
27. In section 22, the words "Lok Adalat" shall be substituted by Legal Services Authorities (Amendment) Act, 2002(37 of 2002)., Gaz. of India. Exty., Pt. II-Sec. 1, No. 40, dt. 12.6.2002, p.1.
29. In Section 23, the words "members of the Lok Adalats" shall be substituted by Legal Services Authorities (Amendment) Act, 2002(37 of 2002)., Gaz. of India. Exty., Pt. II-Sec. 1, No. 40, dt. 12.6.2002, p.1.
30. In Section 27, sub-section (2),clause (la) shall be inserted by Legal Services Authorities (Amendment) Act, 2002(37 of 2002)., Gaz. of India. Exty., Pt. II-Sec. 1, No. 40, dt. 12.6.2002, p.1.
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