Bare Acts Live

M.P. Samaj Ke Kamjor Vargon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Niyam, 1977

Published vide Notification No. 12281-F-16-8-76-21-B,dated 17-3-1977, M.P. Gazette, Part 4 (Ga), dated 20-5-1977 at page 72

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(a) "Act" means the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Adhiniyam, 1976 (No. 26 of 1976);

(b) "District Committee" means the district legal aid and Legal Advice Committee constituted in each district under Section 5;

(c) "Form" means a form appended to these rules;

(d) "Revenue Officer" means a Revenue Officer not below the rank of Naib Tahsildar;

(e) "Section" means a section of the Act.

(a) Member of Parliament;

(b) Member of Legislative Assembly;

(c) Member of the Board or a Committee;

(d) Any Gazetted Officer of the State;

(e) Revenue Officer;

(f) Sarpanch of Gram Panchayat;

(g) An office bearer of an institution established or constituted with the object of welfare and uplift of the members of Scheduled Castes and Scheduled Tribes and registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973).

(i) an application on plain paper to be written;

(ii) a form of application to be filled in;

(iii) a reply to be given to a notice for repayment of loan;

(iv) an affidavit to be filled in;

(v) a document to be prepared;

(vi) a surety bond to be prepared for any of the following purposes, namely

(a) loans from Government, Credit Co-operative Societies, Banks;

(b) taccavi;

(c) fertilisers;

(d) pumps;

(e) electricity connection;

(f) discharge of loan from private money lender;

(g) return of pledged articles;

(h) professional licence;

(i) scholarship;

(i) boundary dispute of land;

(ii) forcible dispossession of land;

(iii) Nistar rights;

(iv) private money lending;

(v) trespass including cattle trespass;

(vi) partition disputes;

(vii) adoption;

(viii) rights arising out of accidental death;

(ix) payment of wages;

(x) eviction;

(xi) social exploitation;

(xii) mutation disputes;

(xiii) rights of women;

(xiv) child marriage;

(xv) dowry; or

(xvi) kidnaping,

(i) no prima facie case in favour of the applicant, he shall explain the position to the applicant;

(ii) a prima facie case in favour of the applicant, he shall endeavour to settle the dispute by bringing about reconciliation between the rival parties.

(i) whether there is a prima facie case; and

(ii) whether the claim is reasonable and for want of legal aid, the claimant is likely to suffer in securing his legal right;

(iii) whether the applicant is eligible for defence at the expense of the State under sub-section (1) of Section 304 of the Code of Criminal Procedure, 1973 (No. 2 of 1974).

(i) whether the applicant fulfills the requirements of eligibility laid down in Section 33 and the category under which he falls;

(ii) whether the applicant had applied for legal advice and if so, whether he had acted according to legal advice;

(iii) whether during the course of the legal advice the applicant cooperated with District Committee in its re-conciliatory effort and that the failure was not attributable to him.

(i) the District Committee shall by notice invite applications by such date, which shall not be latter than 1st October, as it may fix in this behalf, from the Legal Practitioner practising in the district and possessing the qualifications prescribed in sub-rule (2);

(ii) every application under clause (i) shall contain the willingness of the applicant to serve as a Panel Legal Practitioner, if required so to do, on payment of remuneration at the rates specified in Rule 15 and shall also be accompanied by the document in support of his eligibility under sub-rule (2);

(iii) The applications received under clause (i), by the date fixed therein, shall be scrutinized by the District Committee with a view to ascertain whether the applicants are eligible under sub-rule (2) or not and after such scrutiny the District Committee shall prepare a final list of the applicants eligible under the said sub-rule.

(i) is a citizen of India;

(ii) has, for at least years been an Advocate; or

(iii) has an experience of at least 2 years as an Advocate and Judicial Officer taken together;

(iv) is a person devoted to the judicare of the weakers sections of the people.

(i) to tender legal assistance and legal advice under Rule 5;

(ii) to prepare necessary documents under Rule 5;

(iii) to prepare report under Rule 8;

(iv) to do all things necessary in connection with a legal proceeding;

(v) to appear, act and plead on behalf of the aided person in a legal proceeding in a Court of law;

(vi) to submit report about the progress of the legal proceeding every three months to the District Committee;

(vii) to obtain certified copy of judgement, decree or final order in all cases in which he appears for the aided person;

(viii) to submit report regarding advisability of filing appeal, revision or other proceeding in cases in which the Court passes any judgement, decree or order against the aided person within fifteen days from the date of such judgement, decree or order accompanied by a certified copy of such judgement, decree or order and in cases where appeal or revision is recommended, also with proposed memorandum of appeal or revision, as the case may be;

(ix) to do all ancillary acts necessary for proper conduct of the proceeding.

(i) the District Committee shall, by notice invite applications by such date as it may fix, in this behalf, from the persons possessing the qualifications prescribed under sub-rule (2) of Rule 9;

(ii) every application under clause (i) shall contain the number of legal proceedings in which the applicant is desirous of rendering help in a year as a Legal Practitioner, if required so to do, without payment of any fee and shall also be accompanied by the document in support of his eligibility under sub-rule (2) of Rule 10;

(iii) the applications received under clause (i) shall be scrutinised by the District Committee with a view to ascertain the eligibility of the applicants under sub-rule (2) of Rule 10 and after such scrutiny the District Committee shall prepare final list of the applicants eligible under the said sub-rule.

Note :- Receipts of interest earned in deposit in the Bank shall be shown in the cash book as items of receipts.

List of Major, Minor and Detailed Heads

Head of Revenue

(1) from Central Government;

(2) from State Government;

(3) from Local Authorities;

(4) from individuals;

(5) from Bodies other than Local Authorities.

(1) from Central Government;

(2) from State Government;

(3) from Local Authorities;

(4) from individuals;

(5) from Bodies other than Local Authorities.

Heads of Expenditure

(a) Pay of Officers and Office Establishment.

(b) Allowances.

(c) Contingency.

(1) Legal Aid.

(a) (i) payment of Court-fees;

(ii) process fees;

(iii) expenses of witnesses;

(iv) other charges payable or incurred in connection with legal proceeding;

(b) representation by a Legal Practitioner in a legal proceeding;

(c) supply of certified copies of judgments and orders in a legal proceeding;

(d) preparation of appeal, paper books including printing and translation of documents in a legal proceeding;

(e) expenditure on other modes of legal aid.

(2) Legal Advice.

(a) number of cases in which legal advice was given;

(b) number of cases in which legal advice was given to landless agricultural labourers;

(c) number of cases, in which legal advice was given to rural artisans;

(d) number of cases showing numbers separately in which legal advice was given to eligible members of Scheduled Tribes and Scheduled Castes;

(e) number of cases other than those specified in clauses (b), (c) and (d) in which legal advice was given;

(f) number of cases in which legal aid was given;

(g) number of cases in which legal aid was given to landless agricultural labourers;

(h) number of cases in which legal aid was given to rural artisans;

(i) number of cases showing numbers separately in which legal aid was given to eligible members of Scheduled Tribes and Scheduled Castes;

(j) number of cases other than those specified in clauses (g), (h) and (i), in which legal aid was given;

(k) number of cases in which the Board permitted, irrespective of means test, legal aid and legal advice,-

(i) in matters of great public importance;

(ii) in test cases;

(iii) in such special cases which the Board considered to be deserving legal aid and legal advice;

(l) brief description of cases falling under clause (j);

(m) number of cases in which amicable settlement of disputes was arrived at by securing co-operation of parties of dispute;

(n) nature of difficulties, if any, experience in bringing parties to dispute together for amicable settlement;

(o) nature of cases in which legal advice or legal aid is sought in large number;

(p) number of Panel Legal Practitioners in the State;

(q) number of Legal Practitioners who have rendered help without any fee together with number of cases in which such help was rendered;

(r) number of cases in which aided persons reimbursed expenses over legal aid and legal advice of their own accord;

(s) number of cases in which expenses on legal advice and legal aid had to be recovered as arrears of land revenue;

(t) brief report on Board's activities under clauses (n) to (s) of Section 23 with assessment of results;

(u) impediments in the administration of the Act or those rules and concrete suggestions to remove such impediments;

(v) (i) Grant in aid and income from other sources during last financial year;

(ii) Expenditure incurred by the Board during last financial year;

(iii) Balance amount with Board at the end of last financial year;

(w) Amount allotted to the Board under Adivasi Pariyojna during last financial year;

(x) Expenditure incurred on item (w) during last financial year.

Form I

(See Rule 7)

Register under Rule 7 of the Rules under the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Adhiniyam, 1976

Form II

(See Rule 6)

Certificate of Eligibility

(a) a landless agricultural labourer; or

(b) a rural artisan; or

(c) a member of a family the income of which (family) is Rs. 200/- or less per month; or

(d) a member of the family which holds one hectare of irrigated or two hectares of unirrigated land or less than that and such family has no other source of income except agriculture on such land.

Signature and Designation

*Certificate given by Member of Parliament/Member of Legislative Assembly/Sarpanch of Gram Panchayat concerned/Gazetted Officer/Revenue Officer/member of board or Committee/any institution constituted with the object of welfare and uplift of harijans and tribals and registered under the Societies Registration Act.

Form III

(See Rule 6)

(b) Father's name

(c) Place of Residence

(d) Address

(b) Whether the applicant has acted in accordance with such legal advice, if any

(c) Brief account about manner in which the applicant has acted in accordance with such legal advice.

(a) Court-fee on plaint or Memo of appeal, or counter claim (Approximate amount),-

(b) Process fee for serving the opposite party.

(c) Expenses of witnesses.

(d) Expenses of obtaining certified copies of judgements and orders and other relevant documents.

(e) Preparation of paper books including printing and translation of documents.

(f) Any other similar mode.

Signature/thumb impression
of the applicant

Form IV

(See Rule 9)

Office of the District Legal Aid and Legal Advice Committee

(1)

(2)

Secretary
District Legal Aid and
Legal Advice Committee

(1) The Court of ..........................

(2) Applicant ..........................

Secretary
District Legal Aid and
Legal Advice Committee

Form V

(See Rule 14)

Supplementary Budget Estimate for the year.......................

Form VI

(See Rule 20)

Office of the Madhya Pradesh Legal Aid and Legal Advice Board

Receipt

...............................................
Signature

Form VII

(See Rule 21)

Cash Book

Month of.........................

Form VIII

(See Rule 23)

Salary Bill for the Month of....................

Form IX

(See Rule 25)

Monthly Account for the month of.....................

Form X

(See Rule 25)

Quarterly abstract of accounts for the quarter ending.....................

Form XI

(See Rule 26)

Annual Accounts for the year ending........................