शनिवार, 16 मार्च 2013

The National Legal Services Authority (NALSA)


The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes. Actually, Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all.  Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all.  In 1987, the Legal Services Authorities Act was enacted by the Parliament which came into force on 9th November, 1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State.  The State Legal Services Authority is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority.
In every District, District Legal Services Authority has been constituted to implement Legal Services Programmes in the District. The District Legal Services Authority is situated in the District Courts Complex in every District and chaired by the District Judge of the respective district.
Primarily, the State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, etc. have been asked to discharge the following main functions on regular basis:
• To Provide Free and Competent Legal Services to the eligible persons;
• To organize Lok Adalats for amicable settlement of disputes; and
• To organize legal awareness camps in the rural areas.
THE NATIONAL LEGAL SERVICES AUTHORITY
• Constitution of the National Legal Services Authority
• The Central Government shall constitute a body to be called the National Legal Services Authority to exercise the powers and perform the functions conferred on, or assigned to the Central Authority under this Act.
•The Central Authority shall consist of –
1. The Chief Justice of India who shall be the Patron-in-Chief;A serving or retired Judge of the Supreme
2. Court to be nominated by the President, in consultation with the Chief Justice of India, who shall be the Executive Chairman; and
3. Such number of other members, possessing such experience and qualifications, as may be prescribed by the Central Government, to be nominated by that government in consultation with the Chief Justice of India.

• The Central Government shall in consultation with the Chief Justice of India, appoint a person to be the Member-Secretary of the Central Authority, possessing such experience and qualifications as may be prescribed by that Government, to exercise such powers and perform such duties under the Executive Chairman of the Central Authority as may be prescribed by that Government or as may be assigned to him by the Executive Chairman of that Authority.
• The terms of office and other conditions relating thereto, of Members and the Member-Secretary of the Central Authority shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India.
• The Central Authority may appoint such number of officers and other employees as may be prescribed by the Central Government in consultation with the Chief Justice of India, for the efficient discharge of its functions under this Act.
• The officers and other employees of the Central Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the Central Government in consultation with the Chief Justice of India.
• The administrative expenses of the Central Authority, including the salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the Central Authority, shall be defrayed out of the Consolidated Fund of India.
• All orders and decisions of the Central Authority shall be authenticated by the Member Secretary or any other officer of the Central Authority duly authorised by the Executive Chairman of that Authority.
• 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.
Supreme Court Legal Services Committee.
The Central Authority shall constitute a Committee to be called the Supreme Court Legal Services Committee for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the Central Authority.
The Committee shall consist of-
• A sitting judge of the Supreme Court who shall be the Chairman; and
• Such number of other members possessing such experience and qualifications as may be prescribed by   the Central Government to be nominated by the Chief Justice of India.
• The Chief Justice of India shall appoint a person to be the Secretary to the Committee, possessing such experience and qualifications as may be prescribed by the Central Government.

• The terms of office and other conditions relating thereto, of the Members and Secretary of the Committee shall be such as may be determined by regulations made by the Central Authority.
• The Committee may appoint such number of officers and other employees as may be prescribed by the Central Government, in consultation with the Chief Justice of India, for the efficient discharge of its functions.
• The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the Central Government in consultation with the Chief Justice of India.
Functions of the Central Authority.
The Central Authority shall perform all or any of the following functions, namely:-
• Lay down policies and principles for making legal services available under the provisions of this Act;
• Frame the most effective and economical schemes for the purpose of making legal services available under the provisions of this Act;
• Utilize the funds at its disposal and make appropriate allocations of funds to the State Authorities and District Authorities;
• Take necessary steps by way of social justice litigation with regard to consumer protection, environmental protection or any other matter of special concern to the weaker sections of the society and for this purpose, give training to social workers in legal skills;
• Organize 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 well as encouraging the settlement of disputes through Lok Adalats;
• Encourage the settlement of disputes by way of negotiations, arbitration and conciliation;
• Undertake and promote research in the field of legal services with special reference to the need for such services among the poor;
• To do all things necessary for the purpose of ensuring commitment to the fundamental duties of citizens under Part IVA of the Constitution;
• Monitor and evaluate implementation of the 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;
• Provide grants-in-aid for specific schemes to various voluntary social service institutions and the State and District Authorities, from out of the amounts placed at its disposal for the implementation of legal services schemes under the provisions of this Act;
• Develop, in consultation with the Bar Council of India, programmes for clinical legal education and promote guidance and supervise the establishment and working of legal services clinics in universities, law colleges and other institutions;
• 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;
• 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
• Coordinate and monitor the functioning of State Authorities, District Authorities, Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees and voluntary social service institutions and other legal services organisations and given general directions for the proper implementation of the Legal Services programmes.
Central Authroity to work in coordination with other agencies
In the discharge of its functions under this act, the Central Authority shall, wherever appropriate, act in coordinatin with other governmental and non-governmental agencies, universities and others engaged in the work of promoting the cause of legal services to the poor.
 During the financial year 2011-12, the National Legal Services Authority had a Plan of Action and Calendar for Activities adopted by the meeting of the State Legal Services Authorities held at Bhubaneshwar, Orrisa on 19-20 March, 2011.  The highlights of the National Plan of Action for the financial year 2011-12 are as under:
1. Ensuring free, competent effective and comprehensive legal services.
2. Legal services focused on women
3. Rights of children-increasing legal services to the children
4. Strengthening the role of para-legal volunteers (PLVs) in legal services
5. Setting up of legal aid clinics in villages in the most economic and effective manner
6. Legal services to workers in the unorganized sector
7. Paving way for social justice litigation for environmental protection
8. Training of Member-Secretaries of SLSAs and functionaries of the District Legal Services Authorities
9. Establishment of legal aid clinics in Universities, Law Colleges and other institutions
10. Legal literacy amongst school and college students and setting up of legal literacy clubs and legal awareness camps
11. Ensuring commitment to Part IV-A of the Constitution
12. Continuing with the special programmes for North-Eastern States
13. Use of NALSA’s website and NALSA’s web-based monitoring system
14. Social audit of the legal services activities
15. Judicial academies to be a platform for legal services programmes and sensitization
NALSA is very sure that under the kind patronage and guidance of Hon. The Chief Justice of India and Hon. Executive Chairman, a vibrant nationwide network of Legal Services Authorities shall be made available to the people to provide free and competent legal services to the eligible persons. NALSA is keen to develop and promote a culture of conciliation instead of litigation in the country so that the citizens of this country prefer to resolve their disputes and differences across the table in a spirit of goodwill and brotherhood. NALSA also wishes to ensure that even the weakest amongst the weak in the country does not suffer injustice arising out of any abrasive action on the part of State or private person.










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