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Long pending disputes in the courts can be settled through the Copies of decisions of the Lok Adalat are given to the parties The National Commission for Women (NCW) has evolved the concept of Parivarik Mahila Lok Adalat, which in turn supplements the efforts of the The decision of the Lok Adalt is final and there is no appeal District Legal Service Authority (DLSA) for redressal and speedy disposal of the matters pending in various courts related to marriage and family affairs.
Objectives of Parivarik Mahila Lok Adalat: Under the Legal Service Authority Act, 1987, the decisions of To provide speedy and cost free dispensation of justice to The award of the Lok Adalat has the same force as a decree To generate awareness among the public regarding conciliatory The decisions of the Lok Adalat are based on terms of mutual To gear up the process of organizing the Lok Adalats and to encourage the public to settle their disputes outside the formalset-up.
The decisions of the Lok Adalat are binding on the parties.
To empower public especially women to participate in justice The NGOs approach the DLSA or District Judge and collect information about pending cases of family disputes within the 3.1. The Parivarik Mahila Lok Adalat functions on the model of the Lok Adalat. The Commission provides financial assistance to NGOs or State The DLSA selects women related cases which are admissible Women Commissions or State Legal Service Authority to organize the in the Lok Adalat, and makes relevant files/case papers It is expected that minimum 60 cases shall be taken up forhandling in PMLA.
Cases are amicably settled by the parties in a harmoniousatmosphere.
NGOs should take written permission from DLSA to do thecounselling in selected cases.
The NGOs, through their counsellors should approach the parties and start counselling prior to the date of the PMLA to NGOs shall not charge any fee from the parties.
bring them to a compromise or settlement.
The NGOs will organise PMLA on the specified date on whichthe cases will be brought up for settlement.
7.1. An important aspect of PMLA is to give patient hearing to the partiesin an informal manner. Counselling plays a crucial role in settling a case.
If necessary, the NGOs may approach the DLSA to summon The Counsellors are required to assist the PMLA in the delivery of justice.
They play positive and constructive role in the settlement of disputes. In the The settlement should be noted down on paper in each case process the Counsellors have to win the confidence of both the parties.
and the signatures of both the parties must be obtained on the Normally the suffering parties open up before the Counsellors to sort out document which will be presented before PMLA for its legal their disputes and even other problems. Though it is a time taking process, it is an important tool to bring the parties to an amicable settlement andresolve the disputes. The counsellors should be qualified and have experience At least 40% of the cases received from DLSA must be disposedof on the date of PMLA.
to promote the settlement of disputes between the parties throughconciliation and counselling. Counsellors should also have good skill of The NGOs should approach the District Judge to appoint a making report of settlement as Presiding Officer relies on their report.
Presiding Officer, for the PMLA, who should be a Judge andtwo or more members who can be judges, advocates or social 8.1. The Commission provides financial assistance limited to Rs.
30,000/- (Rupees Thirty thousand only) to NGOs to organise the PMLA.
The Venue of the PMLA should be a suitable central placeconvenient to the panelists as well as the parties and preferably The item-wise ceiling for incurring expenditure is given below: Printing of Banners, Posters and Handbills NGOs should ensure the presence of compromising parties on The panel will authenticate the settlement on the date of PMLA.
(Hospitality should be as per GOI norms of Court decree will be issued as per the settlement and will be Rs. 5/- per person for Tea and Rs. 50/- per legally binding on both the parties.
The settled cases will be withdrawn from the dealing courts.
Written permission from the District Judge/DLSA with the list The tentative date/month for organising the PMLA (inconsultation with the District Judge/ DLSA).
(Hospitality should be as per GOI normsof Rs. 5/- per person for Tea and Rs. 50/- viii) The details of assistance received or likely to be available from other sources including DLSA, Local Authorities, VoluntaryOrganizations and other Institutions.
For the North- Eastern States the financial assistance shall be of amount The financial assistance given by the Commission will be usedonly for organizing PMLA.
The assistance will be released in two installments: 9.1. Any voluntary organisation registered under the Societies RegistrationAct, 1860 or State Women Commission or DLSA jointly with NGOs/ Rs. 15,000/- (Rupees fifteen thousand only) will be released Educational Institutions can apply in the prescribed Format (Annexure – I) as advance when the proposal is approved by the Commission with the following documents for financial assistance to hold PMLA: after receiving consent of the District Judge/DLSA along with the list of the cases obtained from the District Judge/DLSA, asmall write up on the proposed programme alongwith steps Certified copy of Memorandum & Articles of Association with proposed to be taken for counseling as per instructions in Para 6, and an undertaking as per the Format (Annexure - II.) Certified copy of Audited Statement of Accounts for the last The balance amount will be released after conducting of the PMLA and on the submission of the (i) Utilization certificate Annual Report for the last 3 years (Requirement of documents from the Chartered Accountant, (ii) Statement of Account, (iii) at (i) to (iv) is dispensed with in the case of State Commission Original vouchers of expenditure, (iv) The details of cases considered in the PMLA and the result thereof and (v) A Report/Write-up on the function held with the photographs and copies Documents giving details of past experiences of: The utilization certificate along with other documents should be submitted within one month from the date of PMLA.
The NGO should ensure involvement of DLSA, other organizations, public representatives, women activists etc. in Photographs of the programme as well as the pamphlets, anyother literature if published, and media reports should be sent No equipment/asset will be purchased out of the assistance Unspent portion of the assistance will be refunded to the 4, Deen Dayal Upadhyaya Marg, New Delhi-110002 Separate accounts of the programme will be maintained and the same will be subjected to test check by the Commission In the event of violation of any of the terms and conditions ofsanction or non-holding of PMLA, the organisation will haveto refund the entire amount of sanction to the Commission ondemand or such part thereof, alongwith penal interest, as perthe government rates.
The Commission may lay down any other conditions prior tothe release of the assistance.
11. Matters which can be brought before the Parivarik Mahila Lok Adalats The following type of matters can be brought before the PMLA: Matrimonial disputes including divorce, maintenance (of wife,parents, children etc.) FORM OF APPLICATION FOR GRANT OF FINANCIAL ASSISTANCE BY NCW FOR ORGANIZING PARIVARIK MAHILA LOK ADALAT (PMLA) Note: Application is to be submitted in duplicate. Incomplete applications received/or likely to be be received from the NCW for any other activity. (If anygrant had been received in the past,details thereof with file/letter No. of the I, (Name, Designation and name of the organisation) ______________ _______________________________________________ hereby agrees/agree to beresponsible for:- Proper administering and managing of the funds exclusively for the work for which financial assistance is granted by the National To refund full amount with interest thereon in case LAC/Programme is not organized or in case of misuse or unauthorized use of funds for purposes other than those indicated in the Sanction Order of National Commission for Women; or for withholding or suppressing of any information regarding the funds/grants from other official sources inrespect of the project for which sanction has been awarded.
Audited Statement ofAccounts for the last threeyears ——————————————————————————(Name of the organization and seal)with full address, Telephone and PAN.
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Source: http://ncw.nic.in/PDFFiles/Parivarik_Mahila_Lok_Adalats.pdf