District Legal Service Authority
The State of Uttarakhand has constituted the District Legal Services Authorities in all the 13 districts under Section 9 of the Legal Services Authorities Act, 1987, to provide free legal aid, organize Lok Adalats, Legal literacy camps and to secure that opportunities for securing justice and fundamental rights are not denied to any citizens by reasons of poor economic conditions and other disabilities or performs any other functions conferred on, or assigned to the District Authority under the Act. The District Authority is under the direct supervision of the District judge who acts as the ex-officio Chairman and is appointed by virtue of post. The State Authority in consultation with the Chairman of the District Authority appoints a person belonging to the cadre of Civil Judge (Senior Division) or in his absence Chief Judicial Magistrate, as the case may be, as Secretary of the District Legal Services Authority and such amount as may be fixed by the State Authority in consultation with the Chief Justice as honorarium is paid to him.
Office Telephone: 05962-231105, 230190.
District Legal Service Authority,
District Court Complex Near Pandeykhola,
District Legal Services Authority
Dr. Gyanendra Kumar Sharma
District and Session Judge
Sri Seash Chandra
ENTITLEMENT TO LEGAL SERVICES
CRITERIA FOR GIVING LEGAL SERVICES:-
Every person who has to file or defend a case shall be entitled to free legal services from State Legal Services Authority, High Court Legal Services Committee, District Legal Services Authority or Tehsil Legal Services Committee as the case may be, under the Section-12 of the Legal Services Authorities Act, 1987 & Section-16 of the Uttaranchal State Legal Services Authority Rules, 2006., if that person is-
a. A member of 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 disable person;
e. A person under circumstances of underserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster;
f. An industrial workman;
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 (i) of section 2 of the Juvenile Justice Act, 1986 in psychiatric hospital of psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987;
h. In receipt of annual income from all sources less than rupees 1,00,000/- 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; or
i. Ex-service man;
j. Persons from Transgender Community;
k. Senior Citizen
TEHSIL LEGAL SERVICES COMMITTEE
Under Section 11A of the Legal Services Authorities Act, 1987, the Tehsil Legal Services Committee have been constituted in the State consisting of such number of other members nominated by the Govt. in consultation with the Chief Justice of the High Court to provide free legal aid, organize Lok Adalats, Legal literacy camps at the Tehsil level and performs such other functions as the District Authority assignes to it under the Act. The Tehsil Committee works under the direct supervision and directions of the Chairman of the Committee and District Authority. A Junior most Judicial Officer posted in the Tehsil acts as Secretary of the Committee. In case no such Judicial Officer is posted or only one Judicial Officer is posted, Tehsildar of the concerned Tehsil works as Secretary of the Committee in addition to his own duties.
Lok Adalat is a forum where the disputes/cases pending in the court of law or at pre-litigation stage are settled/compromised amicably. The Lok Adalat has been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award made by the Lok Adalats is deemed to be the decree of a civil court and is final and binding on all parties and no appeal lies before any court against its award.
NATURE OF CASES TO BE REFERRED TO LOK ADALAT
- Any case pending before any court
- Any dispute which has not been brought before any court and is likely to be filed before the court
Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.
HOW TO GET THE CASE REFERRED TO THE LOK ADALAT FOR SETTLEMENT
A) Case pending before the court:
- If the parties agree to settle the dispute in Lok Adalat or
- One of the parties makes an application to the court or
- The court is satisfied that that the matter is an appropriate one for settlement in Lok Adalat
B) Any dispute at pre-litigative stage
The State Legal Services Authority or District Legal Services Authority as the case may be on receipt of an application from any one of the parties to any pre-litigation stage matter refer such matter to the Lok Adalat for amicable settlement