20
FUNCTIONING OF LOK ADALAT Indian Society being in a State of flux from the point of social consciousness, an increasing use of law as an instrument for bringing justice to the problems are increasing in one or other forms and correspondingly number of litigations are also increasing day by day. 1 In the court, the number of input of the cases is longer than the number of output i.e. deciding cases. The procedural aspect of the law plays very important role and is one of the deciding factors of the case. It may acquit the accused and may also deny the justice to the aggrieved party if it is not observed by the party concerned. Therefore, in civil cases it is said that every order/ direction etc. of court is challengeable as well as appealable, therefore, it is a more time con- suming process and main obstacle in providing the justice expeditiously. In the Lok Adalat, there is neither a cumbersome proce- dural law like Code of Civil Procedure or Code of Criminal Procedure needed or recorded and the presence of lawyer is also not necessary. There is only a single and uniform procedure to all civil and criminal cases. The procedure is simple, quick, flexible, informal and devoid of all technicalities and baffling formalities but moulded in consonance with the exigencies of the situation. Its non-controversial or non-adverial tendency has some degree of uniformity in approach and methods in order to ensure the fairness and justice. Its informal procedure conforming only to the requirements of natural justice, when the key note is justice rather than law. The working of the system is although evolving out of the experiences and modified/ amended to fulfil the local needs of the litigants who are coming in Lok Adalat. Procedure Before 1992

Functioning of Lok Adalat

Embed Size (px)

Citation preview

FUNCTIONING OF LOK ADALAT

Indian Society being in a State of flux from the point of social consciousness, an increasing use of law as an instrument for bringing justice to the problems are increasing in one or other forms and correspondingly number of litigations are also increasing day by day.1 In the court, the number of input of the cases is longer than the number of output i.e. deciding cases. The procedural aspect of the law plays very important role and is one of the deciding factors of the case. It may acquit the accused and may also deny the justice to the aggrieved party if it is not observed by the party concerned. Therefore, in civil cases it is said that every order/ direction etc. of court is challengeable as well as appealable, therefore, it is a more time consuming process and main obstacle in providing the justice ex-peditiously.

In the Lok Adalat, there is neither a cumbersome procedural law like Code of Civil Procedure or Code of Criminal Procedure needed or recorded and the presence of lawyer is also not necessary. There is only a single and uniform procedure to all civil and criminal cases. The procedure is simple, quick, flexible, informal and devoid of all technicalities and baffling formalities but moulded in consonance with the exigencies of the situation. Its non-controversial or non-adverial tendency has some degree of uniformity in approach and methods in order to ensure the fairness and justice. Its informal procedure conforming only to the requirements of natural justice, when the key note is justice rather than law. The working of the system is although evolving out of the experiences and modified/ amended to fulfil the local needs of the litigants who are coming in Lok Adalat.

Procedure Before 1992

In the beginning, the system of Lok Adalat was flexible and modified looking to the local need also by District Legal Ad Committee. About 8 to 10 weeks earlier the date of Lok Adalat was fixed. First of all the list of cases pending within the court which could be decided in the Lok Adalat was prepared, occasionally and small synopsis was also prepared. The list of the pending cases was provided to the educational institutions to the local bodies including Zila Parishad, Panchyat Samitis, social institution and also to those who were interested in the working of the Lok Adalat, under the guidance and instructions were of judicial officers as and when it was felt necessary.2 The conciliators who have studied the cases, starts giving the ideas and points on which compromise can be done and during this type of discussions the litigants are also heard and they want to reach on that point. The matter compromised or settled was to be signed by both the parties.From 1992, the Lok Adalat has become a regular and permanent feature for increasing the number of compromising the cases out of judicial process. The guidelines communicated to all the courts of Rajasthan, by the Chairman of the Legal Ad Board holding the post of Judge in Rajasthan High Court for strict

compliance.lt also provided six months programme in advance for holding the Lok Adalat which is chalked out as well as circulated to the courts as well as litigants for obtaining the maximum benefits of the Lok Adalat. The result of each court is analysed after every three months.On completion of first and second phase the third and important part of procedure is started to give final shape to the compromise through Lok Adalat. The procedure generally is set up on lines of meeting, on hearing and finalised but in special matters the procedure is to be followed with certain other factors than the generally settled norms of procedure for Lok Adalat.Sitting, Motivation as well as MeetingThe Lok Adalat commences its sitting at about 10.00 a.m. and continues to work up to about 5.30 p.m. with a lunch break of about an hour from 1.00 to 2.00 p.m. The sittings are held in any place which is suitable for the Lok Adalat and accommodate the all persons who are involving in Lok Adalat one way or the other. On fixed date, the persons concerned are assembled on that place at the prescribed time.HearingAt the time of hearing the Lok Adalat usually accords priority to disputes as per list when the name of the complainant and respondents are called for they sit together. When the matter is called, usually the petitioner is asked to state his problems and explain the form of relief he is seeking for. He may be assisted by a lawyer. The presence of lawyer is not necessary but his presence may be helpful as well as for the satisfaction of the clients. It is a usual practice to give first opportunity to the complainant and next opportunity to the respondent to place the facts in respect of their claims and counter claims when one party finishes, the other party is allowed to state its view point.Sometimes the respondent does not attend the Lok Adalat, it is more than often presumed that either the opposite party has not got the notice in time or that he has failed to attend the session because of any other difficulty. In absence of either of the party, the case of litigants cannot be dealt within Lok Adalat by the committee or court. In such a situation the help of the members of the Lok Adalat Committee is sought. Every attempt is made to persuade the absent party to attend the Lok Adalat. Instances are not lacking when the one party has appeared before the Lok Adalat on the date fixed for the hearing and the complainants have themselves failed to do so.

Persuation and ConciliationThe members of the Lok Adalat Committee help to clarify issues and formulate the proposition for the opposite party to respond after hearing both parties during which illfeel-ing is avoided and friendliness promoted, the judge articulates the facts which are agreed upon. He explains the position of law hearing on the point and clarifies the doubts of parties in respect of their mutual rights and duties. At this point, some issues resolve themselves. The judge used to suggest what they consider as possible causes of action and ask the parties to com. out with fair settlements accommodating the just point of view of the

opposite side. For compromise the advocates and social workers take care that interests of neither party are put on stake and that a graceful settlement is reached. It is an old saying that judgment is not only to be had but also should be felt. Therefore, the mediators try their best to set an equilibrium between the once warring factions and see that the interests of one party are not sacrificed while safeguarding the interests of the other one. Both the parties should have the feeling of satisfaction that the. have been provided full justice. It tries to reach to a graceful settle.nents.CompromiseThe mediators explain the parties the fact of the Lok Adalat's saving not only their energy and money but also avoiding the hassels of witnessing court fees, stamp papers etc. The basic requisite is a group of compromising persons such as lawyer, social worker, Panch, Sarpanch, Pradhan etc. This group of conciliators working on honorary basis help the judge in dealing with the case and setting it by drawing the parties to a graceful compromise. That is why the disputed parties prefer this alternative. During this process great emphasis is laid on the tradition, culture, economic and social status, social values of the parties because if due weightage is not given to the economic and social status during the time of compromise there remains great probability of ego clash which would definitely result in filing of another suit in the law courts.The parties are given elaborate counselling which makes everything crystal clear, for this the help of the people holding eminent social position is sought. Both the parties alongwith their lawyers are given full opportunity of larging bare the facts and how they feel about them, in the presence of such learned and experienced personalities. The documents of compromise are signed only after a satisfactory solution is reached otherwise it is postponed till the next Lok Adalat session. During this time the concerned party can think over and if feels like setting the case through compromise they signs the papers without any pressure next time.Lok Adalat keeps in mind that the problem is solved from its roots. It is seen that the cases that have been pending since years are solved within minutes or hours in the Lok Adalat. Actually, what happens is that most of the cases are filed in momentous impulsive fits and later on situation becomes so complicated that party can not even withdraw the cases becuase of problems. Initiating a compromise means accepting dishonour and yielding an ardent desire to get rid of the hassels (so Lok Adalats are of seen as boons). Mentally the parties are ready but they do not voice their feeling as it would invite shame so when a mediator comes between them they are saved from 'face saving' situation and a compromise is brought about.In criminal matter, the complaint's gravity of injustice, repulsion and other circumstances like losses which are incurred all those things are kept in view while making them come to a compromise. In criminal matters also the parties are also pur-suaded to sink their differences, forget the past enmity and to create a situation when they-go out of the Lok Adalat without bitterness in their hearts, in a spirit of forgive and forget. When such matter is settled they are made to

embrace each other or shake their hands in a cordial atmosphere before presenting the compromise seeking permission to compound criminal case in relation to compoundable cases.In civil suits in which family members are involved, in such cases moral and ethical pressure is put upon to make compromise.In Tehsil's Court, the social workers and parties sit at any place which is suitable to them for deliberations. Such deliberations generally takes about hours but the disputes requiring serious deliberations are over and they arrive at a certain con-clusion which is almost unanimous in most of the cases. If the social workers fail to arrive at a unanimous decision, they place details of the same before the court which either postpone the hearing of the dispute for the next session or take a decision on its own initative or authorised the Chairman to find out a correct solution of the dispute. After listening to both the sides for some time, they suggest a formula which is evolved by making a commonsense approach which aims at a practical solution putting an end to the dispute with little give and take principles for both the sides.The Presiding Officer goes on with hearing of other cases even when the social workers are holding their deliberation in respect of some disputes at different places in the premises of the court. Thus, two or three or more disputes are being heard and decided simultaneously without any difficulties and interruption. The style and approach adopted by Presiding Officers vary in each case though in every situation a spirit of friendliness and mood of compromise prevails. The Presiding Officer has to discard the traditional approach of judge and has to involve himself deeply in the dispute. Beyond a point the Presiding Officers push the matter towards settlement lest the parties should entertain feelings of coercion and imposition. Nothing is concealed from them nor are they tricked into arrangements which they do not apt for.It is seen that social workers express their opinion freely, frankly and fearlessly, the Presiding Officer also listen to their view point and conclusions arrived at by them patiently and sometimes provides them guidance to arrive at a correct decision in the matter. Although sometimes a little variation here and there as suggested by the Presiding Officer is made in the decision which is accepted by the committee also.If any matter takes unusually longer times than an ticipated, the same is referred to a special team of mediators for intensive work with the parties on specific issues. They come back to the Lok Adalat after a while and in the meantime the matters listed in the orders and taken up.More often than not the solution emerges at the instances of the parties and the Presiding Officer immediately intervens to put it in writing and seek their confirmation. They are free to seek redress in court. If they still stand by their agreed solution it is reduced into a formal statement and signed by the parties. The Presiding Officer need not sign them though they can, if parties so desire.In Lok Adalat, cases are decided not only on the basis of rules and regulations but also on the basis of other values such as moral, emotional tradition, culture, social values, economic situation etc. In the process justice reaches upto those

places where law becomes helpless and decisions are delivered into perfect form and at the same time law also gets place because if decision is illegal it will not get the legal validity.The judgment of the final order of the Lok Adalat is written and rest proceeding is verbally accepted during the judgment, by the parties. If convener is not a judicial officer himself then it is sent to the court for the sake of pronouncement of the judgment becuase it is the court which is empowered for this. The decision of Lok Adalat is then reduced to writing according to 'Rajinama' by way of consent deed a document embodying all the main features of the final settlement. It contains the names of the parties, the main features of the disputed matter, the quantum of compensation and details of the expectations, if any, from any or both the parties. In some cases the Rajinama (consent deed) serves the purpose of an agreement, particularly in cases of divorce or family settlement and in some case, it is in the form of a fine compensa-tion/damages imposed upon the wrong doer in respect of the wrong done to any one of the parties. Obviously all the consent deeds are signed by both the parties to a dispute who are identified generally by their counsel or some reputed counsellor or the members of Lok Adalat Committee. The Presiding Officers also affix their signature as an attesting feature to verify the settlement of the dispute.It is then sent to the court concerned for passing a decree or order. When consent judgment is passed then decision becomes legally binding. The decree is binding on both the parites and cannot be appealed against. However, once they settled in the Lok Adalat they could not re-open the matter by way of appeal. It is well known that finality attached to the decisions and awards of several courts or tribunals in spite of there being no agreement between the parties to its jurisdiction and the so called finality does not have the effect of barring judicial review under articles 226,227, 32 or 136 of the Constitution. If appeal is excluded it should not be regarded as violating any cherished principle of the legal system.In criminal cases, the compromise is possible only in certain offences which are compoundable. As soon as compromise is finalised by the Lok Adalat and attested by court the result is aquittal of accused. But in civil cases, the result of compromise is either dismisal of case or the case is decreed according to compromise. After that, if any party disobeyed or did not fulfil the terms and conditions of the decree then other party can file and execution before the court. In other words, compromise decree is also executable by the court in the same manner as other. Sometimes the compromise took place during the execution proceeding.The CommunicationOnly the judgment of Lok Adalat is written and leaving the rest proceedings to be oral. The entire transition is done in the is taken to be confirmed one for holding Lok Adalat and it is notified to all concerned.Basic list of cases placed before the ensuing Lok Adalat is prepared through the concerned MACT/Court at least not less than six weeks prior to the date of Lok Adalat. Such list of cases is made available to the local officers of the Insurance Company or their advocates for any request either for inclusion or exclusion of

cases shown in the basic list. In any case the final list is prepared and notified at least four weeks prior to the date of Lok Adalat and a copy of the final or confirmed list used to be sent to the local officer of the Insurance Company and the concerned Divisional Manager and also to the State Legal Aid Board at Jaipur.The documents such as Insurance Policy, Covernote, Driving Licence, Registration Certificate of the vehicle, Route permit. Fitness Certificate, Post Mortum Report, Injury Report, Disability Certificate, Discharge Certificate, F.I.R, and Final Report and Charge Sheet, Salary/Income Certificate, Income Tix Certificate if applicable, age proof etc. are required in advance. In the absence of complete documents, the Insurance Companies are not in a position to dispose off the case. Therefore, all MACT/ concerned courts include only those cases in the list in which the above documents are available. In case, the driving licence is not available and in police challan a finding is recorded that the driver was having a valid driving licence then that case is included in the list even in the absence of a driving licence. In case, Insurance Policy or Covernote is not available and the number and place of the Insurance Policy is furnished by the claimant, either in the petition or otherwise then that case is also included in the list even in the absence of a driving licence and it becomes obligatory for the concerned Insurance Company to get the fact verified from their own records. It is not obligatory for the concerned court to furnish copies of the documents of the officers or advocates of the Insurance Com- panies. However, files are made available to them to examine and verify the documents and on the request of the Insurance Company the court also provides certified copies.With a view to guard against certain instances of production of fake documents the insurer takes all possible steps to get documents verified from their own sources before confirming' the list of cases prepared to be kept before Lok Adalat or request is placed before next Lok Adalat so that instances are very few, this does not deter the insurers from taking positive attitude in settling claims before Lok Adalat wherever such doubts do not exist.The claimants, their advocates, representative of Insurance Companies and their advocates participate in arriving at the settlement of claims. At least two counsellor (amongst Senior Advocates/Retired Judges/ Judicial Officers/ Administrative Oiffcers/ Principals of Post Graduate or Degree College and eminent persons volunteering their services) participate in each bench to arrive at compromise of claims.When both the parties, the claimants and Insurance Company agree to a suggested amount, the claim is considered as compromised and an agreement form is signed by the both parties and their advocates who are present. The claimants who had sustained disabilities in the accident is asked to remain present when their cases are taken by the Lok Adalat.On having arrived at a settlement, the concerned MACT/ Court passes a consent order or award specifying interalia that the Insurance Company should deposit the amount as agreed to, within a period of sixty days. In case of failure to deposit/payment of the amount in the stipulated period interest @ 12% per annum is payable from the date of payment of the consent order or award.

Conditional settlements, subject to verification of certain documents, production of documents etc. is not accepted in Lok Adalat. However, the Insurance Company compromises the claims subject to financial approval of the senior officer authorised to sanction the claim amount.Further, on non-payment of the aforesaid amount within stipulated period of sixty days of the consent award the con cerned court is at liberty to issue a Recovery Notice stipulated therein that in case the amount is not paid within further thirty days, attachment order is followed. A copy of this notice is also sent to the Regional Manager of the concerned Insurance Company.4

The Lok Adalat is very successful in cases relating to motor accident claims cases in Western Rajasthan. The Insurance Company's time is also saved in contesting the cases and the relief which would be granted to the litigants after ten years are granted within a period of one month to six months. The reasonable compensation is given to the deceased's representatives. The State and the Insurance Companies are saved from statutory interest of 12% and the claimants get compensation without any delay.

Table 3.1Depicts the data with regard to disposal of cases in Lok Adalats of Motor Accidents Claims in the State, (up to September, 1996)

Claims 1993 1994 1995 1996Cases of Motor Accident Claims

2975 3960 3269 4397

Amount awarded in Motor Accident Claims

10.50 Crore

16.50 Crore

17.01 Crore

20.50 Crore

The data with regard to disposal of cases in motor accident claims in Lok Adalats in Western Rajasthan is provided in Table 3.2.

Lok Adalat of Family Court CasesAn experiment is also made to settle matrimonial disputes through these adalats. The Family Courts Act of 1984 established Family Court with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs. These courts are established at five divisional headquarters of the state namely, Jaipur, Jodhpur, Udaipur, Kota and Ajmer. The disposal of family matters through Family Courts is a unique concept which on one hand seeks to provide for a congenial atmosphere for disposal of such matters while on the other it enjoins upon the Presiding Officers of these courts to ensure that a matter is compromised. In the above background, Lok Adalat has got immense capability to explore possibilities for amicable settlement of family disputes through conciliation and compromise with the help of public spirited social workers from different walks of life and especially the women conciliators hailing from non-government voluntary organisation. With this object in view,

Lok Adalat movement has been successful in resolving the family disputes through Lok Adalats as the family disputes are essentially a social problem emanating from psychological disorder which need to be balanced and treated in a well equipped Lok Adalat. A psychologist is to be associated if need be.The jurisdiction of Family Court related to :'-(i) matrimonial relief including nullity of marriage, judicialseparation, divorce,restitution of conjugal rights or dec-laration as to the validity of marriage or as to thematrimonial status of any person.(ii) the property of spouses,(iii) declaration as to the legitimacy of any person,(iv) guardianship of a person or the custody of any minor,(v) maintenance, make it obligatory on the part of the FamilyCourt to endeavour, in the first instance to effect a reconciliation or a settlement between the parties in a family dispute.5

Lok Adalat in Family Court is organised every Saturday in the court area and Ceremonial Lok Adalats after six months. No party to a suit or proceeding before court is entitled, as of right, to be represented by a legal practitioner. However, the court, may, in the interest of justice seek assistance of a legal expert as amicus curioe.6

In the initial stage, the Lok Adalat on matrimonial matters could not yield satisfactory results. The reasons are not far to seek settlements in such cases which are difficult to be arrived at during a single sitting. It needs a couple to sit to cool off the tempers of the parties and it is only when their tempers are cooled down and the parties are receptive to negotiate so that some meaningful results can be achieved. In a single sitting, the entire time goes away in listening to the complaints and grievances of the parties. At first, compromise talk is arranged between the parties so that they may express their grievances. The conciliators made vigrous efforts to redress the grievances of the disputed parties or resolving the disputes. Sometimes the assistance of relatives of parties are also needed. The University teachers also are included in counsellor Benches. Legal Aid Clinic undertakes the responsibility of persuation for compromise in matrimonial disputes pending in District Court and Subordinate Courts in Jodhpur. District & Session Judge, Jodhpur provided a list of pending matrimonial cases. Different groups of law students were formed and approached the dis-puted parties at their door-steps and persuaded them for compromise. Consequently a good number of cases are settled amicably. As far as possible they helped to reunite husband and wife, removed their misunderstanding and persuade them to accept the idea of forgive and forget by self realisation of mistakes made by both of them.7 Some pairs were sent to live together by mutual consent in Lok Adalat. The role of judge is just like a elder person in the family. During this stage the proceeding is informal and rigid rules of procedure is not applied.Table 3.3 Provides the information with regard to the number of cases disposed off through Lok Adalats in various Family Courts in Rajasthan.

Table - 33Number of Cases Disposed off through Lok Adalats in Various Family Courts

Name of the Family Court

Year 1993

Year 1994

Year 1995

Year 1996

1 Family Court, Jodhpur 111 88 109 109| Family Court, Udaipur 246 146 448 395| Family Court, Jaipur 120 270 137 246| Family Court, Kota 217 57 275 447| Family Court, Ajmer 7 7 314 231

701 568 1283 1428

Lok Adalats of Bank CasesPublic money in crores is in recovery cases pending in the various courts of the Rajasthan State. Clear cut instructions and delegation of authority have been received in favour of officers of the Nationalised Banks at the State/District level requiring them to take part and settle the cases at the Lok Adalat. There are some problems in banks mostly related to delay in payment against defendants. When a suit is filed by the Bank, then on the first date itself the concerned officer issues process to the defendants by ordinary post as well as by registered post. If the registered letter does not return within a month then presumption can be drawn to the effect that the registered letter containing summons were delivered to the addressee. Efforts are made that v henever the process of server goes for the service on the defendants in a case instituted by the Bank then intimation is given to the Bank, so that they can depute some person to go with the process server to expediate the service on the defendants. If the service is not effected in a reasonable time than if any application for substituted service is moved by the Bank, then the court accepts that application liberally. This substitued service is by publication of the summon in the newspaper. In this connection, if the defendant is resident of the same district, then summons are got published in newspaper published in the said district so as to prevent unnecessary heavy expenses incurred by the Bank in publication of summons in a newspaper of state level or national level. Ail efforts are made on behalf of officer to provide all concessions which have been notified from time to time by the Reserve Bank of India. If the defendant agrees to pay the amount in a lump sum, just after the passing of the decree or within one year or so than special concession is provided by them which depends upon the facts and circumstances of each case. Actually the concessions are neither declared nor given at the moment.Since the suits are pending in various courts in the State to save time, the bankers are requested to supply lists of pending money suits not exceeding Rs 25,000/- to the convener of the Lok Adalat and the Presiding Officer of the concerned court and issue necessary instructions to their advocates to submit memos to the Lok Adalat expressing their willingness for compromise. They also authorise their counsels to sign the compromise memos in such case.The Lok Adalat issues notice to advocates appearing for the opposite side to get

the consent of the opposite side also for the compromise in Lok Adalat. The advocates appear on behalf of the defendants in such cases also motivated by the concerned Lok Adalat Committee to provide full cooperation in sttlement of bank cases. The convener of Lok Adalat forwards all papers to the courts concerned to pass decrees according to the compromise in Lok Adalat and the concerned court passes decree according to the compromise in Lok Adalats.As an experimental measure only simple money suit of the value of Rs 25,000/- were used to be placed before the Lok Adalat. There is no rebate so far as principal amount is concerned. Principal amount means the amount borrowed from banking institution. 20% of the interest or Rs 2,500/- whichever is less is deducted from the suit amount. Interest from the date of suit, till date of decree is provided at the contract rate provided it is a commercial transaction and otherwise at the rate of 6% per annum. Further interest i. e. interest from the date of decree till date of realisation is provided @ 6% per annum. The borrowers pay the decree amount without further default, the same course is adopted. In the event of committing default in payment of any two instalments the balance of the decree amount become payable at once. To avoid legal complications, a decree is passed for the amount claimed in the suit, but it is mentioned in the decree that in the event of default in paying the amount as per the agreement in the Lok Adalat he will not be entitled of the benefit of the agreement in Lok Adalat.The decree amount is recovered in six equal half yearly instalments from the date of the decree. Sometimes, looking to the paying capacity it is recovered in monthly instalment in Western Rajasthan.Cases pending since 1975 were decided while 20% rebate was granted in the Bank interest and 50% rebate in the litigation cost. The instalment of the loan recovery were made on the spot and the rest of the amount was to be recovered in 36 instalments.9 Recently, the Bank authorities have decided to raise the cut off limit of suit value from Rs 25,000/- to Rs 5,00,000/- for10 quick and on the spot settlement. The Bank usually refers cases pertaining to IRDP, SUME, POP, Scavangers, PMRY Schemes etc. Loans are advanced under the scheme without any guarantee and security.

Lok Adalats of State Insurance and G.P.F. CasesLooking to the backlog or number of cases of State Insurance, G.P.F Pension matters and dissatisfaction of the government servants, it was considered necessary to circulate a wide publicity to all relevant government servants to attend a camp of Lok Adalat on a particular date to finalise the pending complaints and if the matter is not finalised then the next date be fixed for the disposal.In view of the circulation and information to the disburssing and drawing authorities the then Lok Adalat camps were held on 29.12.95 for the first time in Bikaner and Jodhpur and results of these camps were fruitful.11 The matters decided in the camp were 178 out of 212 in Bikaner District and 113 out of 120 in Jodhpur District which were pending before the department. For the rest of

the matters next date for holding camp was to be1 9intimated and circulated.Although, this step of the department is appreciable, the department has to follow up and work sincerely to settle large number of pre-court cases. Therefore, the Department is to be directed by the State Government and Legal Aid Board to take up these matters to save the needy pensioner and other government employees.

Lok Adalat and Sub-Registrar Office of Registration and StampsIt is also a happy event that the Lok Adalat is held regularly at the fag end of the month in Sub-Registrars Office or Registration and Stamps. However, in low evaluation of the property under registration, it is found that 5% to 10% penalty is charged by the Registrar. But there is a rebate of 20% of the total payable amount. It can be hoped that such disposal on the basis of compromise would be conducted frequently in view of the demands of district headquarters to finalise the matter.Lok Adalat also solves excise cases pertaining to illegal possession of liquors up to 20 bottles.14 The Consumer Courts and Lok Adalat and Postal Lok Adalat were also held in Western Rajasthan. The performance of Lok Adalat in disposing of various cases in Western Rajasthan is listed in table 3.4

Table - 3.4Statement of Cases Disposed Off through Lok Adalat in Western Rajasthan from 1985 to 1996.

Year Balotra

Bikaner

Srigang-anagar

Hanu-mangarh

Jodhpur

Jaisalmei

1985-86

1916 2020 - - 1031 -

1986-87

301 1504 5330 - 2590 -

1987-88

81 - - - 230 -

1988-89

- - 1294 - 690

1989-90

- 66 7 - 76 -

1990-91

- 105 13 - 112

11991-92

- 170 135 - 142

[ 1992- 135 2155 2173 - 3832 239

931993-94

384 2610 3290 - 7570 169

1994-95

453 1763 2340 112 4347 280

1995-96

390 1756 1573 1281 2715 224

[1996 783 2260 2554 1699 2174 276

In Western Rajasthan, the programme of Lok Adalat is usually chalked out well in advance. It faces some difficulties on account of the absence of clients at the time of hearing. Persuasion method is needed. The procedure of the Lok Adalat is veiy simple. Money and labour of both the parties is saved. It brings out graceful compromise between the parties. The decision of Lok Adalat are arrived keeping in view of moral, social and cultural values of the area and that is why it is more succeessful in rural areas. While alluring the clients, the advocates adopt pressure tactics and it smacks that in the end pressure, not the persuasion, is at work.Lok Adalat is very successful in cases relating to motor vehicle accident claim cases, the reason is immediate financial gains to the parties and to those who bring the clients to the Lok Adalat. Family Courts also working satisfactorily at Jodhpur. There is a popular demand that more and more such facilities are made available in major districts of Rajasthan. It is not successful in the cases relating to Banks, the reasons is that the clients have to pay the principal amount and the interest accumulated thereupon. From the survey it appears that the compouned interest is doubled the principal amount loaned to the clients. Therefore, clients are not interested in coming to the Lok Adalat. Besides the instalment of recovery is fixed so heavy that it is beyond the capacity of the clients to pay it.In Insurance, G.P.Fund and Pension matters, the retired employees find the Lok Adalat very attractive. The Government responds to the Lok Adalat speedily and cases are settled without loss of time. In the sale of land and property of values of the land and property is amicably settled in the Lok Adalat and Lok Adalat is holding its sitting regularly every month. It will lesser the burden of the court of Registrar, Land and Valuation.