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Section 13: Procedu re in Lok Ada lats

National Legal Services Authority (Lok Adalat) Regulations, 2009Central Regulations · 1987

(1) Members of Lok Adalat have the role of statutory conciliators only and have no judicial role and they, mutatis mutandis, may folfow the procedure laid down in sections 67 to 76 of the Arbitration and Conciliation Act, 1996 {26 of 1996).

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(2) Members of Lok Adalat shall not pressurise or coerce any of the parties, to compromise or settle cases or matters, either directly or indirectly

(3) In a Lok Adalat the members shall discuss the subject matter with the parties for arriving at a just settlement or compromise and such members of the Lok Adalat shall assist the parties in an independent and impartial manner in their attempt to reach amicable settlement of their dispute:

Provided that if it found necessary the assistance of an independent person or a trained mediator may ajso be availed of the by Lqk Adalat.

(4) Members of Lok Adalat shall be guided by principles of natural justice, equity, fairplay, objectivity, giving consideration to, among other things, the rights and obligations of the parties, custom and usages and the circumstances surrounding the dispute.

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(5) The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate taking into accounj the circumstances of the case, wishes of the parties including any request by a party to the Lok Adalat to hear oral statements, and the need for a speedy settlement of the dispute.

(6) The Lok Adalat shall not determine a reference, at its own instance, but shall determine only on the basis of a compromise or settlement between the parties by making an award in terms of the compromise or settlement arrived at:

Provided that no Lok Adalat has the power to hear the parties to adjudicate their dispute as a regular court:

Provided further that the award of the Lok Adalat is neither a verdict nor an opinion arrived at by any decision making process,

Where this provision sits

ActNational Legal Services Authority (Lok Adalat) Regulations, 2009
Section13
Marginal noteProcedu re in Lok Ada lats
JurisdictionCentral
StatusIn force as published by the source

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