 the legal services authorities bill, 1118'7 arrangement of clauses chapter i preliminary clauses1 short title, extent and commencement 2 definitions  chapter ii the na'r,ional legal services autlwrlty3 constitution of the national services legal authority 4 functions of the central authority 5 central authority to work in coordination with other agencies  chapter iii state legal service authority6 constitution of state legal services authority 7 functions of the state authori'ty 8 state authority to act in coordination with other agencies and  be subject to directions given' by central government, etc 9 constitution of district authorities 10 functions of the district authority 11 distnct authority to act in coordination with other agencies and be subject to directions given by the central authority, etc  chapter iv entitlement to legal services12 criteria for giving legal service 13 entitlement for legal service  chapter v clauses finance, accounts and audit14 grants by thle icentral government 15 national legal aid fund 16 state legal aid fund 17 district legal aid fund 18 accounts and audit  chapi'er vilok adalats 19 organisation of lok adalats 20 cognizance of cases by lok adalats 21 award of lok adalat 22 powers of lok adalats  chapter vii miscellaneous23 members and staff of authorities and lok adalata to be public servants 24 protection of action taken in good faith 25 act to have overriding effect 26 power to remove difficulties 27 power of the central government to mal, rul - -28 power of the state government to make juju 29 power to make regulations 30 laying of rules and regulations  billto constitute legal services ~utkorities to provide free and competent legal s'f') dces to the weaker section<; of the society to enti:tlre that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to (}rganise lok adalats to secure that the operatilon of the legal system promotes justice on a basis of equnl opportunity be it enacted by parliament in the thirty-eighth year of the republic of india as follows:- 'chapte!t i l'uliminary5 1 (1) this act may be called the legal services authorities act, 1967 short title, extent and commencement (2) it extends to the whole of india, except the state of jammu and kashmir (3) it shall come into force on such date as the central government may, by notification appoint; and different dates may be ap-10 pointed for different provlslons of this act and for different states, and any reference to commencement in any provision of this act in relation to any state shall be construed as a reference to the comm~­cement of that provision i~ that state, 2 (1) in this act, unless the context otherwise requires,-definitions (a) "central authority" means the national legal services authority constituted under section 3; (b) "district authority means a district legal services authorityconstituted under section 9; 5 (c) "legal service" includes the rendering of any service in the condu'ct  of any case or other legal proceeding before any court or other authority or tribunal and the giving of· advice on any legal matter; i (d) "lok adalat" means a lok adalat organised under chapter 10 vi; (e) "notification" means a notification published in the official gazette; <f) "prescribed" means prescribed by rules made under this act; (g) "scheme'" means any scheme framed by the central autho- 15 rity, a state authority or a district authority for the purpose of giving effect to any of the provisions of this act; (h) "state authority" means a state legal services authority constituted under section 6; (i) "state government" includes the administrator of a union 20 territory appointed by the president under article 239 of the constitution (2) any reference in this act to any other enactment or any provision thereof shau, 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 25 the relevant provision of the corresponding law, if any, in force in that area  chapter ii the national legal services aumority3 (1) the central government shan constitute a body called the 30 national legal services authority to exercire the powers and penorm the functions eonferred on a central authority under this act (2) the central authority shall consist of-(a) the chief justice of india who shan be the patron-in-chiefl constithe na· tional ll'gal servicel!l authority (ib) a serving or retireld judge of the supreme court nominated 35 by the president serving in consultation with the chief justice of india, "'00 shall he the exeeutive chairman; and (e) such other members, possessing such experielnce and qualifications as may be prescribed and nominated by' the central govemment -40 (3) the central govemment shan appoint an officer of th~ department of legal affairs of the ministry of law and justice of the govemment of india not lower in rank than that of a special secretary to that government as the member-~retary of the central authority (4) the terms and conditions of service of the members of the 45 central authority shall be such as may be prescribed by the central government func tions of the central authority (5) the central gove,rnment 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 5 the salaries, allowances and pensions payable to the officers and staff of the central authority shall be defrayed out of thel 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 10 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, or any defect in the constitution of, the central authority 4 the central authority shall, subject to the general directions of 15 the central government, 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 20 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 25 regard to consumer protedion, environmental protection or any other matter of special concern to the weaker' sections of the society and  for this purpose, give training to socia~ workers in legal skills; 30 (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 wrell as ~ncouraging the settlement of disputes through lok adalats; (f> encourage the settlement of disputes by way of negotiations, arbitration and conciliation; 35 (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 fundameiltal duties of citizens under part iva of the constitution; 40 45 (i) monitor and evaluate implementation orthe 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: (j) recommend to the central government grants-in-aid for 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; 50 (k) develop, in consultation with the bar council of india, programmes for clinical legal educati-on and promote guidance and supervise the establishment and working of legal services clinics in universities, law college:; and other institutions; (0 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 state and district 10 authorities and other voluntary social welfare institutions and other legal services organisations and give general directions for the proper implementation of the legal services programmes 5 in the discharge of its functions under this act, the central authority shau, wherever appropriate, act in coordination with other 15 governmental and non-governmental agencies universities and others engaged in the work of promoting the cause of legal services to the poor, central authority to work in coordi· nation with other agencies,  chapter iii state legal services authority6, (1) every state government shall constitute a legal services 20 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- constitution of state legal services authority, (a) the chief justice of the high court, or any other serving or retired juge of the high court nominated by the governor in 25 conl'lultation 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 30 (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 serviee of the members of the state authority shall be such as may be prescribed by the state government 35 (5) the state government shall provide to the state authoritv with such officers and empleyees as it considers necessary for carrying ~ut the functions of that authority under this act i ' (6) the administrative expenses of the state authority, including the salaries, allowances and pensions payable to the member-secretary and 40 other officers and staff shall be defrayed out of the consolidated fund of the state (7) all orders and decisions of the state authority shall be authenti· cated by the member-secretary or any other officer of the state autho· rjt: dul;r 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 7 (l) it shall be the duty of the state authority to give effect to 5 the policy and directions of the central authority functions of the state authority (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: -i - 10 (a) give legal service to persons who satisfy the criteria laid down under this act; (b) conduct lok adalats; (c) undertake preventive and strategic legal aid programmes; and is (d) perform such other functions as the state authority may, in consultation with the central government, fix by regulations 8 in the discharge of its functions under this act, the state authority shall, wherever appropriate, act in coordination with other governmental agencies, non-governmental voluntary social welfare institutions, :uni  versities and others engaged in the work of promoting the cause of legal 20 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 wi'iting 9 (1) every state government shall constitute a legal services authority for every district in the state to exercise the powers and 25 perform the functions conferred on the district authority under this act (2) a district authority shall consist of-state authority to act in coordination with other agencies and be subject to directioos given by central govern_ ment, etc constitution of district authori_ ties (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 30 (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 35 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 40 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 1,1) (1) it shall be the duty of every district authority to perform 5 such of the functions of the state authority in the district as may be delegated to it from time to time by t~ state authority functions of the district authority (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, name1y: _ 1 10 (a) coordinate the activities of legal services in the district; (b) organise lok adalats within the district; and (c) perform such other functions as the state authority may, in consultation with the state government, fix by regulations 11 in the discharge of its functions under this act, the district authority shall, wherever appropriate, act in coordination with other 15 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 20  chapter iv entitlement to legal services12 every person who has to file or defend a case shall be entitled to legal service under this act if that person is,-(a) a member of a scheduled caste or scheduled tribe; district authority to act in coordination with other agencies and be subject to directfons given by tbe central authority etc criteria for giving legal service ('b) a victim of trafficking in human being" or begar as referred 25 to in article 23 of the constuutiodl, (c) a woman or a child; (d) a mentally ill or otherwise disabled person; (~) a person under circumstances of undeserved want such as being a victim of a mass disash:ll', ethnic violence, caste atrocity, flood, 30 drought, earthquake or industrial disaster; or (f) an industrial workman; or 14 of 1987 (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 homeo witbin the meaning of clause! (j) of 35 104 of 1956 section 2 of the juvenile justice act, 1986, or in a psychiatric hospital 53 of 1986 or psychiatric nursing home within the meaning of clause (g~ of section 2 of the mental health act, 19871 or (h) in receipt of income less than nine thousand rupees if the case is before a court other than the supreme court, and less than 40 twelve thousand rupees or such other amount as may be prescribed by the central government if the case is before the supreme court entitlement for legal &emcee 13 (1) persons who satisfy all or any of the criteria specified in section 12 shall be entitled to receive legal service provided that the concemed authority is satisfied that such person has a prima facie case to prosecute or to defend s (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 ~  chaprer v finance, accounts and audit10 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 mon~y as the central government may think fit for being utilised for the purposes of this act i gran by the centr&l governmen;' na":---1 15 15 (1) the central authority shall establish a fund t9 be called the -national legal aid fund and there shall be credited thereto,-~r fund (a) all sums of money given as grants by the central government under section 14; (b) any grants or donations that may be made to the central 20 authority by any other person for the purposes of this act; (c) any amount received by the central authority under the orders of any court or from any other source (2) the national legal aid fund shall be applied for meeting,-(a) the cost of legal services provided under this act including 2s grants made to state authorities; (b) any other expenses which are required to be met by the central authority 16 (1) a state authority shall establish a fund to be called the state state legal aid fund and there shall be credited thereto,-~~fund 30 (a) all sums of money paid to it or any grants made by the central authority for the purposes of this act; (b) any grants or donations that may be made to the state authority by the state govemment or by any person for the purposes of this act; 3s (c) any other amount received by the state authority under the orders of any court or from any other source (2) a state legal aid fund shall be applied tor meettng,-(a) the cost of functions referred to lin section 7; (b') any other expenses which are required to be met by the 40 state authority  17 (1) every district authority shall establish a fund to be called the district legal aid fund and there shall be credited thereto,-(a) all sums of money paid or any grants made by the state authority to the district authority for the purposes of this act; (b) any grants or donations that may be made to the district 5 authority by any person for the pw-poses of this act; (c) any other amount received by the district authority under the orders of any court or from any other source (2) a district legal aid fund shall be applied for meeting,-(a) the cost of functions referred to in section 10; 10 (b) any other expenses which are l't!4l<u,t!d lo be met by the district authoflty accounts and audit 18 (1) the central authority, state authority or the district authority (hereinafter referred to in this section as 'the autaority'), as the case may be, shall maintain proper accounts and otner rdevant records and 15 prepare an annual statement of accounts ulc1ucllllg ihe incume and expenditure account and the balance-sheet in such icrm and in such manne,r as may be prescribed by the central government in consultation with the comptroller and auditor-general of india (2) the accounts of the authorities shall oe audited by the cumpt- 20 roller and auditor-general of india at such inu:l'vals as may be specified by him and any expenditure incurred in cunnection with such audit shall be payable by the authority concerned to the comptroller and auditor-general of india (3) the comptroller and auditor;(ieneral 01 india and any other 25 person appointed by him in connection with the auditing of the accounts of an authority under this act shall have the same nghts and privileges and authority in connection with such audit as the comptroiler and auditor-general of india has in connection with the auditing of the government accounts and, in particular, shall have the right to demand 30 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 (4) the accounts of ~e authorities, as certified by the comptroller this behalf together with the audit report thereon, shall be forwarded 35 this beaalf together with the audit report thereon, shall be fowarded annually by the authorities to the central government or the slate government, as the case may be  chapter vi lok analats19 (1) the state or district authorities may organise lok adalaui' at such intervals and places and for exercising such jurisdiction and for such areas, as they think fit i oraaniaation  lok malat • (2) every lok adalat organised for an area shall consist of such judicial officers of the area as may be specifieu by the state or district 4s authority 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 mdtter falling within the jurisdiction of any civil, criminal or revenue court or any tribunal constituted under any law for the time 5 being in force in the area for which the lok adalat is organised 20 (1) where in any suit or other proceeding which is capable of being taken cognizan ::e 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 npplic'ation to the court or tribunal indicating their intenlotion to compromise the matter or to arrive at a settlement, the presiding otncer 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 15 proceeoin,g shall stand transferred to the lok adalat for arriving at a compromise or settlement (2) notwlth~l andinf~ ~"rvthing contained in any other law for the time b('inq' in force the district authority may, on receipt of an applic~tion from anv per~on that any dispute or matter pending for a com-20 promise or settlernent needs to be determined by a lok adaiat, refer such dispute or m:lttcl:' to the lok adalat for determination (3) where ?n\' f;l1h (1" proceeding is transferred to a lok adalat under suh-sedion (7) nr where a reference has been made to it under ,mb-section (2) the lok analat shall proceed to dispose of the suit, 25 proceedinr- dist1ute or matter and arrive at a compromise or settlement between the pnrties i (4) every lok j\,bl'1j shgll while determining anv proceeding before it under ihis tct nd wifh lltmost exnerjition to arrive "at a compromise or settlement het w(>f>'1 l],<, n'dies and shall be j!uided by legal principles 30 and the nrin('inlf's ('-i' ill~ti"e equity anti fair play (1) 'vhere nr, [lw"lr,l i" mane hv the lok adalat on the !v'ound that - no comprnmise i')r set+1rm"'1t rould be arrived at between the parties, it , shall he open t(' th" n"'riioc' to a s11it or proceeding transferred from , a court or trihllt1f11 "n'~pr c'llh-sf'ction (1) to continue such suit or pro-3:; ceenin(f bei'ore snrh rnllrt "r trihunal or if it is a disoute or matter re'flrred to :1 lnk"-'hl'1t 'mner sl1h-spt'tion (~, any of the persons may institute fl nrrv'eer'linc' in 1n annrnpriate court (6) '\vh('rf" 1l"'!hr' <:1111-~,e,tinn (5), the l)~rtips to a suit ot' l)1'oreedin~ intend to c'ontinlll' j ',p twn""'f'ninj1 in such suit or otoc'eedino: before the 40 court or trihlln:11 f'·"m "'hi"h it was transferred s1lch court 01' tribunal sh;tlj ororped to ne::jl v'ith such suit or proceerling from the stage at which h was before tbl' suit or proceeding was transferred to the- lok adalat ' " ~ ; 21 (1) eve"\' nwarr1 t)f the lok aoalat shall be deemed to be a decree 45' of n civil ('ourt or or~p", of nnv other court or tribunal ancl where a award of lok adalat 'comnromise i'1r sl"ttll"tylp"'t h:l~ been :::irrivecl at bv a lok adl!lat in a suit or pror'eeilinrr tr:msi'prrprl to  it unrler sllh-se('tion (1) of section 20 tbe court fee oaiii in s11ch spit or procepdino: shall be refunded in the manner provided under the ("(lurt-fee a'ct, 1870  '1 of l$"o~(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 power of lok adalati 22 (1) the lok adalat shall, for the purposes of holding any determination under this act, have the same powers as are vested in· a 5 civil court under the code of civil procedure, 1908 while trying a suit 5 ot 1908 in respect of the following matters, narnely:-(a) ·the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document; 10 (c) the reception of evidence on affidavits; (d) the requisitioning of any public !,ecord or document or copy of such record or document from any court or office; and (e) sucll other matters as may be prescribed (2) without prejudice to the generality of the powers contained in 15 bub-section (1), every lok adalat shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it (3) all proceedings before a lok adalat shall be deemed to be judicial prceedings within the meaning of sections 193, 219 and 228 of the 20 indian penal code and every lok adalat shall be deemed to be a civil 45 of 1860 court for the purpose of sectio)) 195 and chapter xxvi of the code of criminal procedure, 1973 2 of 1974  chapter viimiscellaneous 25 23 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 30 members and staff of authorities and lok adalata to be p"blic ecrvants protection of action taken in good faith 24 no suit, prosecution or other legal proceeding shall lie against the central government or state government or against the chainnan or any other member of any central state or district authoritv of any other person authorised by such chainnan or other member -for an~­thing which is in good faith done or intended to be done ~nder the 35 provisions of this act or 'lny -rule, regulation or order made thereunder %5 the provisions of this act shall have effect ncltwithstanding anything inconsistant therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act act to have overri· dina effect power to remove ~ tiel 5 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 gnette, make· such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the diffkulty: 10 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 (2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament 15 27 (1) the central government may, by notification, make rules to carry out the provisions -of this act power of tho central goyern ment to make rule • (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 20 28 a state government may, by notification, make rules to provide for any matter, not being a matter specified in section 'j:t, in respect of which rules are required to be made by the state government under thi~ act power of the state govem· ment to mab rule, power to make re-gulatiodii 29 the central authority and every state authoritv may, by noti-25 fication, make regulations not inconsistent with the provisions of this act and the rules made thereunder, to provide for all matters in respect of which regulations are required to be made by the central or state authorities under this act i laying of rules and regulation 30 (1) every rule made under this act by the '""central government 30 and every regulation made by the central authority thereunder shall be laid, 115 soon as may be after it is made, before each house of parliament while it is in session, for a total petiod 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 35 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 shrll thereafter have effect only in such modified form or be of no eff'ect as the care may be so, how("ver that any such modification or annulment shall 40 be without prejudire to the vaudity 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 thereunde  shall be laid, jls soon as may be after it is made, before the state legislature article 39a of the constitution provides 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 2 with the object of providing free legal aid, government had, by a resolution dated the 26th september, 1980 appointed the "committee for implementing legal aid schemes" (cilas) under the chairmanship of mr ju!?tice p n bhagwati (as he then was) to monitor and implement legal aid programmes on a uniform basis in all the states and union territories cilas evolved a model scheme for leg'll aid programme applicable throughout the country by which several legal aid and advice boards have been set up in the states and union territories cilas is funded wholly by grants from the central government the government is accordingly concerned with the programme of legal aid lui it is the implementation of a constitutional mandate but on a review of the working of the cilas, certain deficiencies have come to the fore it is, therefore, felt that it will be desirable to constitute statutory legal service authorities at the national, state and district levt>ls so as to provide for the effective monitoring of legal aid pro-c'tammes the bill provides for the composition of such authorities and for the funding of these authorities by means of grants from the central government and the state governments power has also been given to the national committee end the state committees to supervise the effective implementation of legal aid schemes 3 for some time now, lok adalats are being constituted at va,rious pl'lces in the country for the disposal, in a summary way and through the process of arbitration and settlement between the parties, of a large number of cases expeditiously and with lesser costs the institution of lok adalats is at present functioning as a voluntary and conciliatory agency without any statutory backing for its decisions it has proved to be very popular in providing for a speedier system of administration of ;ustice tn view of its growing popularity, there has been a demand for providing a statutory backing' to this institution and the awards given by lok adalats it is felt that such a statutory support would not only reduce' the burden of arrears of work in regular courts, but would also take ju$tice to the door-steps of the poor and the needy and make justice quicker and less expensive 4 the bill seeks to achieve the above objects the notes on clauses explain the provisions of the bill in detail h r bhardwaj the 24th jujy 1987 clll'lue 2-this clause defines various expressions used in the bill clause 2 (c) defines "legal service" to include the rendering of any service in the conduct of any case before any court, authority or tribunal and the giving of advice on any legal matter clause 3-this clause provides that the central government shall constitute a national legal services authority consisting of the chief justice of india as its patron-in-chief and a serving or retired judge of the supreme court as its executive chairman the central government will also nominate other members possessing the presctibed qualifications and experience ;~:i j" i clause 4-this clause deals with the functions of the national legal services authority to be known as the central authority and provides, amung othe·r things, that the central authority will, subject to the directions of the central gove,rnment, lay down policies and principles for making available legal services effective and economical, allocate funds to various state authorities and district authorities, take steps to promote the cause of social justice in various areas, organise legal aid camps, promote legal aid research, encourage settlement of disputes by way of lok adalats, etc clause 5-this clause provides that the central authority will act in coordination with governmental and non-governmental agencies, universities, etc cl:auses 6 and 7-these clauses provicie for the constitution and functions of legal services authorities at the state level a state authority will consist of the chief justice of the concerned high court or any serving or retired judge of the high court nominated by the governor in consultation with the chief justice who will be its cha4man with such other members nominated by the state government possessing the prescribed qualifications and experience important functions of the state authority are: providing legal ai!i to the persons who satisfy the criteria laid down under the act, conducting of lok adalats, undertaking of preventive and strategic legal aid programmes, etc clause 8-'fhis clause is analogous to clause 5 and provides that the state authority will act in coordination with other governmental and non-governmental agencies, universities, etc, and will be guided by the directions of the central or state government or the central authority c~ause$ 9 and lo-these clauses provide for the constitution and functions of legal service authorities at the district level clause 11-this clause is similar to clauses 5 and 8 the district authority will act in coordination with universities, etc, and will be guided by the directions of the central and state authority clauae, 12 and 13-these clauses provide the criteria for entitlement to legal services to certain categories of persona such as the scheduled castes, the scheduled: tribes, victims of trafficking in human beings, forced labour women and children detained in women's homes and juvenile homes and persons undergoing psychiatric treatment in psychiatric hospitals, etc clause, 14 to 17-these clauses relate to the provisions of finance, accounts and audit under clause 15, a national legal aid l"und will be constituted by the central authority with the grams provided by the central government and with the grants or donations that may be made to that authority by any person a similar fund will be established by every state authority under clause 16 as also by the district authority (clause 17) the state and district legal aid funds will consist of grants paid by the central government, the state government or by any other person for the purposes of the act ctause h~-this clause provides for the proper maintenance of accounts by the three legal services authorities and for the preparation by them of annual statements of accounts including income and expenditure accounts and balance-sheets in the prescribed manner and will be auclited by the comptroller and auditor-general of india or any person appointed by him clause i9-this clause provides that lok adalats are to be organised at such intervals and places as the state or district authority thinks fit the lok acialat will have the same jurisdiction as a civil, criminal or revenue court or tribunal constituted under any law for the time being in force the qualifications and experience of the members of the lok adalat other than judicial officers will be as prescribed by the legal service authority the state government clause 20-if the parties to a suit or other proceeding makes a joint application to a court or tribunal indicating their intentlon ito compromise the matter of their dispute, the presiding officer of the court or tribunal may pass an order transferring the suit to the lok adalat for arriving at a settlement the lok adalat will proceed to dispose of the suit, proceeding, dispute, etc, on the basis of mutual settlement or compromise between the parties clause 21-this clause provides that every award of the lok adalat will be deemed to be a decree of a civil court claube 22-1'hiv clause provides that the lok adalats will have the same powers as that of a civil court for purposes of holding an inquiry, for summoning the parties, for production of documents, for receiving evidence on affidavits, fo,r requisitioning public records, documents etc clame 23-this clause provides for a deeming provision to the effect that the members, officers and employee/> of the various legal services authorities and lok adalats will be public servants clame 24-this clause provides that no suit or other legal proceeding will lie against the central or state gov~nment or against the central, state or district authority for acts done in good faith clause 25-this is an overriding provision to the effect that the provisions of the act will, notwithstanding anything inconsistent therewith contained in any other law for the time being in force, prevaus clause 26-this clause provides for power to the central government to remove difficulties in giving effect to the provisions of the act for a limited period clause 27-this clause provides for rule making powers of the central government clause 28-this clause provides for rule making powers of the state government clause 29-this clause authorises the central authority and every state authority to make regulations under the act clause 30-this clause provides for the laying of rules before th& houses of parliament and state legislature clause ::i of the bill enables the central government to constitute b body to be called ~he national legal services authority and it shall consist of the chief justice of india and some other members an officer not low'er in rank than a special secretary to the government of india will be appointed as member-secretary of the central authority clause 12 of the bill provides for the persons who shall be entitled to legal service clause 14 of the bill empowers the central government to 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 2 the grants to be granted by the government and all expenses incurred in connection with the administration of the national legal services authority will be met from the consolidated fund of india the national legal services authority replaces the existing committee for ¥nplementing le!,al aid schemes, the total 'budgehry requirement is estimated at rs 7326 lakhs (rs 58 lakhs as grants-in-aid) for the year 19&7-88 this includes rs 4325 lakhs as the sanctioned budget grant for the committee for implementing legal air schemes for the year 1987-88 of which rs 30 lakhs was t9wards grantin-aid for legal aid programmes this also includes a sum of rs 201 lakhs for ~he appointment of one special secretary, by upgrading the post of the existing secretary, cilas, and for the three posts of the supporting staff to the special secretary and a one time, non-recurring expenditure on furniture, telephones and other facilities to the new functionary  ml!:morandum regarding delegated legislationclause 27 of the bill empow~s the central government to make lules to carry out the provisions of the proposed legislation these rules woaid relate to matters which are required to be made by the cclltral government under the provisions of :he bill clause 28 of the 13ill empowers a state government to make rules to provide for any matter, ~lot hemg a matter specified in section 27, in respect of which rules are required to be made ly the state government clause 29 of the bill enables the national legal services authority and every state legal services authority to make regulations to provide for all matters in respect of which regula:ions are required to be made by such authorities under the proposed legislation ~ the matters in respect of which rules may be made by the central government and the state governments and the regulations by the varicus legal services authorities mentioned abo~e would relate to matiers ot adminis~rative detail and procedure the delegation of legislative power is, therefore, of a nonnal character  a bill10 constitute legal services authorities to provide free and competent legal services to the weaker sections of the soclety to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities and to organise lok adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity skri h r bhgrdwaj, minilter of stelte-in the ministry of loti) elm ( jubtice) ,0_,'1'  ,'';"-