January 08, 2002

‘7’

PUBLIC UTILITY SERVICES TO BE BROUGHT UNDER LOK ADALATS

    The Union Cabinet today approved a proposal to amend the Legal Services Authorities Act, 1987 to insert a new Chapter VIA for providing compulsory pre-litigative mechanism (Permanent Lok Adalats). A Bill to this effect to be known as the Legal Services Authorities (Amendment) Bill, 2002 will be introduced in the forthcoming Budge Session of Parliament.

    Presently, Lok Adalat, set up under the Act, can decide cases only on the basis of compromise. Under the proposed scheme, now the Permanent Lok Adalat will have power to decide a case on merit if parties are not able to arrive at any settlement or compromise. However, the Lok Adalat will take up cases upto the monetary value of Rs. 10 lakhs only. Permanent Lok Adalat under the new scheme would have jurisdiction over cases relating to public utility services, namely (I) transport of passengers or goods by air, road or water, (ii) postal, telegraph and telephone services, (iii) power and water supply, (iv) conservancy or sanitation, (v) hospitals and (vi) insurance. Services rendered by Railways and Banks have been kept out of the purview of the Lok Adalats. This will decongest the existing courts. So far, Lok Adalats have settled 1.5 crore cases.

    The Permanent Lok Adalat will consist of a Chairperson having judicial experience of the post not below the rank of Additional District Judge and two persons having adequate experience in public utility service. The award of the Lok Adalat will be deemed to be a decree of civil court and shall be binding and non-appealable.

    It has also been decided to amend Clause (a) of sub-section (2) of Section 11-A of the Legal Services Authorities Act, 1987 so that in the absence of a senior Civil Judge, the Taluk level Legal Services Committee can be headed by the seniormost judicial officer in the Taluk.

    The proposed amendments will save the people from over billing and other hassles at the cutting edge of public administration and utility services of the Government.