Structural Organization under Legal Services Authority Act  

the reference dispute or against the misconduct of an In order to facilitate the conduct of the concilia-
The Legal Services Authorities Act, 1987, was
As a result of the Legal Services Act, a National Legal arbitrator. He (arbitrator) may resign voluntarily by giv- tion proceedings, the parties, or the conciliator with the
enacted by the Central Government of India
Services Authority (NALSA) was established as the apex
pursuant to Article 39-A of the Constitution of India ing notice to the parties to the dispute and thus, can with- consent of the parties, may arrange for administrative
body for regulating the legal aid provisions. State
 and the recommendations of its committees. The draw from the arbitral proceedings assistance by a suitable institution or person.
Legal Services Authority (SALSA) handles the
Legal Services Authority Act, of 1987 came into Section 12 of the Arbitration and Conciliation Act. Disclosure of Information (Section 70)
implementation of NALSA’s powers at the state level,
effect on 9th November 1995, following the 1996 provides for the grounds, which the appointment When the conciliator receives factual information
which delegates further to a number of organizations.
Amendment Act of 1994, which introduced several
State Legal Services Authority of an arbitrator can be challenged by a party or parties concerning the dispute from a party, he shall disclose
amendments to the main Act. According to this
Each state has a legal service authority, which provides to the dispute. Further, Section 13 prescribes or pro- the substance of that information to the other party in
Act, the economically weak, the backward, and the
free legal advice to those who cannot afford it. This is vides procedure to be followed for challenging the ap- order that the other party may have the opportunity to
disabled are eligible to receive legal aid. The Act
covered under Section 6 of the Act. They provide
envisions that no one will be denied access to pointment of an arbitrator. present any explanation which he considers appropriate.
preventative and strategic legal assistance programs.
justice because of disability or economic reasons, Meaning `Conciliation' is a means for settlement of a Co-operation of parties with Conciliator (Section 71):
Lok Adalat sessions are also conducted by the
and aims to educate the public about the law, offer dispute outside the Court of Law. The old Act (The Arbitra- The parties shall in good faith co-operative with the,
authorities to assist clients. Among their main duties
free legal aid, and establish Lok Adalats. As a tion Act, 1940) made no provision for conciliation. conciliator and, in particular. shall endeavour to comply
is to implement the policies and schemes as directed
result of the creation of Lok Adalats, the process of
by NALSA. Legal Aid under Legal Services Authority Act, 1987 Conciliation as a means of settlement is accorded statu- with requests by the conciliator to submit written
dispensing justice has been revolutionized in the
In 1971, Justice P.N. Bhagwati formed the Legal Aid tory recognition by incorporating provisions in the materials, provide evidence and attend meetings.
country. There remains a large number of pending
Committee to introduce the Legal Aid scheme. In his Arbitration and Conciliation Act, 1996. Suggestions by parties for settlement of dispute
cases in the courts of the country. A number of
opinion, the legal aid system is aimed at making the
measures have already been taken by the Provisions relating to concilation : The provisions (Section 72):Each party may, on his own initiative or at the
missionary of administration of justice easily available
government to reduce the number of pending relating to conciliation are enshrined/ embodied under invitation of the conciliator, submit to the conciliator
to the people able to enforce their legal rights. The poor
cases. Types of services under Legal Services Authority Sections 61 to 81 of the Arbitration and Conciliation Act, suggestions for the settlement of the dispute.
and the illiterate will be able to approach the courts
Act : Free legal awareness
and as a result, they will get justice faster from the 1996 as stated hereunder: Settlement agreement (Section 73)
This Act is primarily intended for the public to
courts. Application and Scope (Section 61):1. When it appears to the conciliator that there exists
make them aware of laws and schemes issued by
public authorities. The Legal Service Authority According to Section 61, this part (Part-IID) shall elements of a settlement which may be acceptablé
teaches some portions of the rules of law to the apply to conciliation of disputes arising out of legal rela- to the parties, he shal formulate the terms of a
individuals. Legal camps and legal aid centres are tionship Whether contractual or not; and2. possible settlement and submit them to the parties
organized by authorities so that the general public This part shall not apply to certain disputes, which for their observations.
can seek advice from the legal aid centres located may not be submitted to conciliation Status and effect of settlement agreement (Section 74):
near their homes or places of work.
Appointment of Conciliators (Section 64) : The The settlement agreement shall have the same sta-
Free legal aid counsel
A person who wants to defend or file a case in a parties to the dispute may agree to appoint a conciliator tus and effect as if it is arbitral award on agreed terms
court of law but does not have the means to hire themselves- or seek the assistance of an institution uit al award on agreed on the substance of the dispute
an advocate can seek the assistance of a free legal specialized in arranging in conciliation proceedings for rendered by an arbitral tribunal under Section 30.
aid attorney. A Lok Adalat was held for the first the appoint-merit of a conciliator. Confidentiality (Section 75):
time in Gujarat on 14th March 1982 and succeeded Appointment of Conciliators (Section 64) : The Notwithstanding anything contained in any other
in resolving many disputes pertaining to labour parties to the dispute may agree to appoint a conciliator law for the time being in force, the conciliator and the
disputes, family disputes, and bank recoveries. Lok
themselves- or seek the assistance of an institution parties shall keep confidential all matters relating to the
Adalat was, thus, seen as an Alternative Dispute
Redressal (ADR) mechanism that was reliable, specialized in arranging in conciliation proceedings for conciliation proceedings.
efficient, and friendly in resolving disputes. the appoint-merit of a conciliator. A.Termination of conciliation proceedings (Section 76)
Objectives of Legal Services Authority Act : Under Article Commencement of Conciliation Proceedings (Section B.Resort to arbitral or judicial proceedings (Section 77).
39A of the Constitution of India, free legal aid and 62) Section 62 provides for the procedure for initiating C.Costs (Section 78)D.deposits section 79.
equal justice are provided to all citizens by the conciliation. The party making proposal for concilia- Role of conciliator in other proceedings section 80.
appropriate legislation, schemes or other means to tion is required to send invitation to the other party to Unless otherwise agreed by the parties a)
ensure that no citizen is denied access to justice on
take recourse to concillation and identify the subject of the conciliator shall not act as an arbitrator or as a
the basis of economic disadvantage or in any other
way. The Legal Services Authorities Act, 1987 was dispute. The conciliation proceedings are deemed to have representative or counsel of a party in any arbitral
enacted as a consequence of this constitutional commenced, Role of Conciliator (Section 67) The conciliator is or judicial proceedings in respect of a dispute that
provision with the primary objective of providing ex-pected to do his best and strive hard in reaching an is the subject of the conciliation proceedings.
free and competent legal services to the weaker amicable settlement of the dispute between the pafties. b) The conciliator shall not be presented by the parties
sections of society in the country. Administrative Assistance (Section 68) as a witness in any arbitral or judicial proceedings.