No. Although free legal advice is available to every body that is in need of the same free legal aid is provided only to the following category of people:
- A member of a SC or ST
- A Woman or a child
- A victim of trafficking in human beings or beggar
- A person under circumstances of undeserved want such as being victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or industrial disaster.
- An industrial workman
- A mentally ill or otherwise disabled person
- A person in judicial custody, including custody in a protective home or a juvenile home or a mental asylum
- Who are in a psychiatric hospital or psychiatric nursing home
- Any person whose annual income does not exceed Rs.50,000/- (This last requirement is called the MEANS TEST).
However, irrespective of the means test, legal aid may be granted
- a) in cases of great public importance; or
- b) in a special case, reasons for which are to be recorded in writing, considered otherwise deserving of legal aid or advice.
If a person wants to have free legal advice he can approach the nearest :-
‘District Legal Services Authority’in the premises of the’ Sadar- Judgeship Court- at –‘A.D.R Center, Nadia’.
‘Sub-Divisional Legal Services Committee’ in the premises of ‘Sub-Divisional Courts’ , respectively.
- ‘National Legal Services Authority (NALSA)’ has ‘Hon’ble Chief Justice of India’ as its ‘Patron-In-Chief’, and Concerned Court Judge (either ‘Senior-most’ , ‘Sitting’ or ‘Retired’) as its ‘Hon’ble Executive Chairman’
- Chairman and other Members.
- ‘State Legal Services Authority, West Bengal’ (SLSA) has the ‘Hon’ble Chief Justice of High Court , at Calcutta’ as its ‘Patron-In-Chief’, presently ordained by , Hon’ble Dr.Manjula Chellur, ‘Chief Justice of Hon’ble High Court , Calcutta’ and its ‘Hon’ble Executive Chairman’ , ordained by ‘Hon’nle Mr.Justice Ashim Kumar Banerjee’ , Judge , Calcutta High Court.
- High Court Legal Services Committee (HCLSC) has a High Court Sitting Judge as its Chairman.
- ‘District Legal Services Authority, Nadia’ [DLSA ,Nadia] has District Judge as its ‘Chairman’ , and ‘Secretary’ , in the rank of ‘Civil Judge (Senior Division) / Chief Judicial Magistrate / Assistant Session Judge’ – as the case may be.
- ‘Sub-DIvisional Legal Services Committee’s’ [SDLSC’s] has a Senior Judge (‘Addl. District & Session Judge’- as the case may be) as its Chairman.
Proceedings wholly or partly in respect of :-
b) malicious prosecution; or
c) a person charged with contempt of court; and
e)Proceedings relating to any election Proceedings incidental to any of the above proceedings Proceedings in respect of offences where the fine imposed is not more than Rs.50/-
Proceedings in respect of economic offences and offences against social laws, such as the Protection of Civil Rights Act,1955 and the Immoral Traffic (Prevention) Act,1956 , etcunless in such cases the aid is sought by the victim.
However, even in above cases, the Chairman of the Appropriate Authority can, in an appropriate case, direct that legal aid be granted). Proceedings where a person seeking legal aid or advice is concerned with the proceeding only in a representative or official capacity or If a formal party to the proceedings, not materially concerned in the outcome of the proceedings and his interests are not likely to be rejudiced on account of the absence of proper representation.
For ‘Legal Aid Service’, if you satisfy the first eligibility criteria. You need to take the following steps.
1. Make an application for legal aid to the Appropriate Authority. The forms for these can be obtained in person or through post or e-mail from the Appropriate Authority. The address indicated below or from any of the nearest Sub-DivisionLegal Services Committee / District Legal Services Authority / State Legal Services Authority / High Court Legal Services Committee.
2. You have to submit the completed application form to the Appropriate Authority along with full documentation. For instance, if you seek to file an appeal against the order of a High Court, you are required to submit a copy (preferably certified) of the order of the High Court, copies of orders, if any, of the courts below the High Court, copies of all the papers filed in your case before the lower court and High Court, comments of the lawyer on the judgement. If these are in a language other than English, please try and send translated copies.
If a person is aggrieved by an order of refusal, he could appeal to the Chairman of the APPROPRIATE AUTHORITY
Meanwhile, your case will be assigned to an Advocate on Record (AoR) on the panel of the APPROPRIATE AUTHORITY . The AoR will draft the petition and file it in the Concerned Court after the signed vakalatnama and the signed and attested affidavit (and the certificate if you are in jail) is received by the APPROPRIATE AUTHORITY , The AoR who is assigned the case will argue it on your behalf in the Concerned Court. In exceptional cases, if you make a request in this behalf and if the APPROPRIATE AUTHORITY feels it is justified, a senior advocate can be requested to appear on your behalf. No fees are required to be paid by you for this purpose. You will be informed by the APPROPRIATE AUTHORITY of the name of the AoR and you will receive intimation through post on the progress of your case, from time to time. You will also be sent copies of all the documents filed on your behalf and by the opposite parties and you will be intimated, from time to time, if there is any other information you are required to provide. You will be informed of the outcome of your case and given copies of the relevant orders passed by the court.
The Secretary, District Legal Services Authority, Nadia at
'A.D.R Center Nadia' Building
(Krishnagar Judges' Court Compound)
Krishnagar, Nadia, W.B.
Mobile: +91 8584859836
- Organizing Legal Literacy Camps;
- Organizing Workshops of Law;
- Providing Law Literature to the public in the regional language at low cost by publishing books on various subjects of law written by experts in the field;
- Creating awareness about the law of the land amongst general public by utilizing mass media like Radio, Television and the like.
Legal Services Authority welcomes all individuals and NGOs who are willing to involve themselves in the above mentioned activities of the Authority as it would go along way in achieving the aims and objectives of the Authority.
In every Lok Adalat minimum two conciliators function. One of them is a sitting or retired judge and another or other conciliator / conciliators shall be an advocate or social worker or expert / experts in that particular field.
- Motor Vehicle accident cases where the injured or the dependents of the person died in the accident have applied for compensation.
- Land Acquisition cases where the applications have been made to the government claiming compensation.
- Cases for or against local bodies such as Town Municipality , Panchayat, Electricity Board and the like.
- Cases involving commercial banks
- Matrimonial or Maintenance cases
- Criminal cases which are compoundable as per law
- Cases pending in Labour Court
- Cases before Workmenï¿½s Compensation Commissioner
- Cases pertaining to Consumers grievances
Generally it can be said that any cases pending in High Court or any other Court in the State and can be compromised as per law can be settled by Lok Adalat. Apart from this even disputes / cases which have not been brought on the records of the Court could be settled amicably by Lok Adalats.
- You can get your dispute settled at the lowest possible cost and without delay. You need not pay the court fee.
- You need not appoint an advocate instead you can personally appear before Lok Adalat.
- The conciliators, one of whom is a judge, will guide you in order to settle the dispute amicably.
- You can compromise only when you are satisfied with the relief suggested by the conciliators.
- The same justice you get from the court in which your case is pending for adjudication you also get in Lok Adalat.
- Generally the judgement rendered in Lok Adalat is final and is not appealable. It is binding on both the parties and has the same force as the judgement rendered by the Civil Court .
- By filing Execution Petition in the Civil Court you can get the judgement of Lok Adalat executed.
- If a case pending before the court is settled in Lok Adalat the court fees paid in that case is refunded partially or fully as per law.
- Take evidence.
- Call for any Public Documents from any Public office or court.
The Courts established by National Legal Services Authority or State Legal Services Authority for the purpose of speedy disposal of disputes pertaining to Public Utility Services and not yet recorded in any court of law, by way of compromise, is called Permanent Lok Adalats.
National Legal Services Authority or any State Legal Services Authority can establish in any place of a State, in respect of any field in respect of any one or more Public Utility Service Permanent Lok Adalats.
Every Permanent Lok Adalat has a District Judge as the Chairman and two members who are having sufficient experience in Public Utility Services nominated by the State Government on the recommendations of Central / State Government.
Cases where the value of dispute is more than ten Lakh rupees are not decided by Permanent Lok Adalat. Similarly cases pertaining to Non-compoundable offence / offences are not taken up by Permanent Lok Adalat.
The Judgement of the Permanent Lok Adalat is final and binding on both the parties.
- The Judgement of the Permanent Lok Adalat is not appealable nor can it be called in question in any Suit or Execution Proceedings.
- By filing Execution Petition in the Civil Court you can get the Judgement of Permanent Lok Adalat executed.
- Transportation Services (By air, road or sea; goods or passengers)
- Postal, telegraphic or Telephone Services
- Any body of service which supply Energy (Electricity) light or water to the public
- Public Sanitary System / Services
- Hospital or The services in a Hospital
- Insurance Services.