| Punjab
Legal services Authority
Introduction
In compliance of provisions made under Article 39-A of the
Constitution of India, the Government of India has enacted
an Act namely, "the Legal Services Authorities Act 1987"
which has come into force on 09.11.1995 in the country and
the State of Punjab has framed rules and Regulations namely,
the Punjab State Legal Services Authorities Rules, 1996
and the Punjab Legal Services Authority (Transaction of
Business and Other Provisions) Regulations, 1998 respectively
for implementation of various schemes and programmes provided
under the Act, 1987.
Aims
& Objects
Under Article 39-A of the Constitution of India, it has
been provided that the State shall secure that the operation
of the Legal System promotes justice, on a basis of
equal opportunity, and shall, in particular, provide free
legal aid, by suitable legislation or schemes or in any
other way to ensure that opportunities for securing justice
are not denied to any citizen by reason of economic or other
disabilities.
Authorities
& Committees:
In the State of Punjab, following Authorities and Committees
have been set up for implementation of various schemes and
programmes.
A.State Legal Services Authority:-
|
Hon'ble chief Justice of Punjab and Haryana High Court |
Patron-in-Chief |
|
Hon'ble .Justice, Punjab & Haryana High Court. |
Executive Chairman |
|
District Judge |
Member Secretary. |
Some higher Government Officers and eminent Social workers
are members of Punjab Legal Services Authority.
B.District Legal Services Authorities:-
|
District & Sessions Judge concerned |
Chairman |
|
Civil Judge (Senior Division) concerned |
Secretary |
C.Sub-Divisional Legal Services Committee
|
Senior-most Judicial Officer |
Chairman |
|
Assistant District Attorney (Legal Services) |
Member / Secretary |
Functions of Authorities and Committees
a)
To give free legal services to eligible persons
b)
To conduct lok adalats.
c)
To undertake preventive and strategic legal aid programmes
etc
Schemes
Free Legal Services Schemes
Entitlement
for legal services:-Every person who has to file or defend
a case shall be entitled to legal services under this Act
if that person is-
a)
a member of a Scheduled Caste or Scheduled Tribe;
b)
a victim of trafficking in human beings or beggar as referred
to in article 23 of the Constitution;
c)
a woman or a child
d)
a mentally ill or otherwise disabled person;
e)
a person under circumstances of undeserved want such as
being a victim of
a
mass disaster, ethnic violence, caste atrocity, flood, drought,
earthquake
or industrial disaster;
or
f)
an industrial workman; or
g)
in custody, including custody in a protective home within
the meaning of clause (g) of section
2 of the Immoral Traffic (Prevention) Act, 1956, or in a
juvenile home within the meaning
of clause (j) of section 2 of the Juvenile Justice
Act, 1986, or in a psychiatric hospital or psychiatric nursing
home within the meaning of clause (g)
of section 2 of the Mental Health Act,1987;
h)
in receipt of annual income less than rupees Fifty 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
Procedure
for take Free Legal Services
1)
A person who satisfy all or any of the criteria specified
shall be entitled to receive legal services provided that
the concerned Authority is satisfied that such person has
a prima facie case to prosecute or to defend.
2)
An affidavit made by a person as to his income may be regarded
as sufficient for making him eligible to the entitlement
of legal services under this Act unless the concerned Authority
has reason to disbelieve such affidavit.
3)
The person who wants to take free legal services has to
fill up the application form which can be taken free of
cost from the Offices concerned situated at Chandigarh,
all the District Headquarters and at all the Sub-Divisional
Headquarters
Matters
on which legal service is admissible
In
addition to the cases covered under sections 12 and 13 of
Act, legal service may also be provided in all matters where
such service shall be aimed at-
a)
amicable settlement of the dispute by bringing about conciliation
between the parties
to the disputes; and
b) rendering
assistance in complying with various legal requirements
in order to secure the benefits
under various schemes sponsored by or on behalf of the Central
Government or the State Government or any other public
authority or for the Welfare of
the general public or any section thereof.
Modes
of providing legal service
Legal
service may be given in all or any one or more of the following
modes, namely:-
a) by
payment of court fee, process fee, expenses of witnesses,
preparation of the paper book, lawyers
fee and all other charges payable or incurred in connection
with any legal proceedings;
b) through
representation by a legal practitioner in legal proceedings;
c) by
supplying certified copies of Judgments, orders, notes or
evidence and other documents
in legal proceedings;
d) by
preparation of appeal paper book, including printing, typing
and translation of documents
in legal proceedings;
e) by
drafting of legal documents;
f) by
giving legal advice on any legal matter; and
g) through
Mediation Centres of Family counseling Centre
Lok Adalat
Aim & Objects
The
aim of holding of Lok Adalats is to get settle the dispute
between the concerned parties by way of compromise so that
enmity, time and unnecessary expenditure can be reduced and
saved.
Programmes
Quarterly
Lok Adalats are held on the fixed date at every place where
judicial courts are situated. Besides, permanent and
continuous Lok Adalats also have been established at each
District headquarter. Sittings of these Lok Adalats
are held on every working Saturday. The Punjab
Legal Services Authority also organize some special Lok
Adalats at various places in the State of Punjab from time
to time. These special Lok Adalats are held for the cases
of matrimonial disputes, cases under section 138 of N.I.
Act, traffic challans, Labour court Cases, Bank Loan Cases
including Punjab Cooperative Bank Loan Cases, disputes between
farmers and Commission Agents and Compoundable criminal
cases etc. Lok Adalats have jurisdiction to decide
any case pending in the court or not brought before the
court, except non-compoundable criminal cases.
Procedure
Any
person who desire to settle his disputes through Lok Adalats
can directly apply to the Lok Adalats or the Court concerned
where the case is pending. Even an application can
be moved in the disputes at prelitigative stage to the Permanent
Lok Adalats which have been established at every district
headquarter.
Benefit of Lok Adalats
1.Decision
of Lok Adalat is quick, inexpensive and free from legal
hassels.
2.settlement
through Lok Adalat has the same force as it is originally
decided by a civil court. Award of the Lok Adalat is final
and no appeal shall lie against such award.
3.Disputes
come to an end for ever.
4.Court fee for filing suits in money claims is refundable
if the matter is decided in Lok Adalat.
5.Award
passed in the Lok Adalat are binding upon the concerned
parties.
6.In case the award is not honoured by a party concerned,
it can be executed through a court of law.
Legal
Aid counsel Scheme
This
scheme has been framed and adopted by NALSA. For implementation
of this Scheme in the State of Punjab, the PLSA has appointed
Legal Aid Counsel in all thecourts of Judicial Magistrates.
Under this Scheme all the under trials in custody including
juvenile under trials and others lodged in Juvenile/protective
homes are entitled to free legal services to represent such
under trials at the stage of remand etc. as well as for
engaging them a counsel at a later stage after necessary
challan are put in, in courts.
The
scheme lays emphasis for legal aid and assistance to the
persons in custody at the following three stages:-
a) when
in custody during investigation of the cases and need legal
assistance for getting released on bail and opposing remand
applications;
b) legal
assistance during trial for defence;and
c) legal
assistance for preferring appeals or revisions in case of
adverse orders.
Counselling
and Concilliation Centres
Counselling
and Concilliation Centres have been settled at each district
headquarters. These are being headed by Assistant
District Attorney (Legal Service)concerned. This service
is given free before a dispute goes to court.
A
person seeking Legal Service is to send his request on the
following Application Form:-
APPLICATION
FORM
Application-cum-Affidavit Form for
providing Free Legal Aiod under Section 12 of Legal Services
Authorities Act, 1987 read with Rule 22 of the Punjab State
Legal Services Authorities Rules, 1996
(State
Authority, High Court Legal Services Committee, District
Authority, Sub Divisional Legal Services Committee...)
Particulars
a) Name
of Applicant___________________________
b)
Name of Father/Husband______________________
c)
Occupation__________________________________
d)
Full Residential Address________________________
e)
Detail of annual Income___________________________
f)
Whether the applicant is-
(i) a member of a Schedule Caste or Scheduled
Tribe;
(ii)
a victim of trafficking in human being or beggar as
referred to in
Article 23 of the Constitution;
(iii) A women or a child;
(iv)
A mentally ill or otherwise disabled person;
(v)
A person under circumstances of undeserved want such as
being a victim of mass disaster, ethnic violence, caste
atrocity, flood, drought, earthquake or industrial
disaster; or
(vi) An industrial workman; or
(vii)
In custody, including custody in protective home within
the meaning of clause (g) of section 2 of the Immoral Traffic
(Prevention) Act, 1956, or in a juvenile home within the meaning
of clause (j) of Section 2 of the Juvenile Justice Act,
1986, or in a psychiatric hospital or psychiatric nursing
home within the meaning of clause (g) of Section 2 of the
Mental Health Act, 1987, or
(viii)
In receipt of annual income less than Rs.50,000/- p.a.
2.
Modes of Legal Aid
a)
Through Legal Advice.
b) Through
court case (by engaging counsel)
c)
Legal aid through Mediation Centre.
3.
Name and Address of Litigants
...................Plaintiff/Applicant.
Vs.
....................Defendant/Respondent.
4.
Brief facts of the case
............................
...........................
5.
Undertaking
I assure the Authority/Committee through this undertaking
that in case the court finally awards any monetary benefit/decree
in my favour the expenses of litigation borne by the Punjab
Legal Services Authority on my behalf will remain the first
charge on that monetary benefit/decree. I further
bind myself that for realizing the said benefit/decree in
my favour in order to recover the said expenses of litigation.
Member Secretary of the Authority/Committee will be legally
entitled to act as may special attorney without any further
legal document.
6.
Affidavit.
I
solemnly affirm that the above mentioned facts are correct
accordingly to my knowledge and beleief and further that
I have not concealed any fact.
I
further solemnly affirm that I have been made to understand
that in case of any false affirmation of facts, I shall
be liable for legal action.
Signature
of applicant
Attestation
by Oath Commissioner.
Note:-In
the case of minor or persons of unsound mind, the application
is to be made by next friend/guardian and affidavit is also
to be sworn and got attested by next friend/guardian).
Office
Remarks
Case examined applicant is entitled for getting free legal
aid.
Member
Secretary/Chairman.
Sh./Smt..........is
appointed as Advocate in this case. Letter be
issued.
Competent Officer.
Office
Address :
Director
for Punjab Legal Services Authority
SCO No. 3001-3002, Sector 22-D
Chandigarh
0172-4652568 (O)
Fax: 0172-4652568 |
