THE MADHYA PRADE II AMAJ KE KAMJOR VAR GON KE LIYE VIDIIlK ABAYATA TATHA VIDHIK ALAH ADHINIYAM, 1976 ONTENT
CHAPTER I-Preliminary I. Shorl UU . extent and comm nccmenl.
2. Definitions. 585 SAMA.I KE KAMJOR ... VTDlllK SAHAYA1'A ... ACT, 1976
11. OlsquallficaUons for m mbershlp etc.
12. Resignal Ion nd acceptanc .
13. Fllllng of vacancies.
14. Validity of proce ding .
15. Salary of Exe uuve Che lnnan and Secretary of Board or Committee.
16. Officen, and servants of Board.
17. Re ruttmenl and condiUon of service of officers and servants.
18. Allowances lo m mbcrs of Board etc.
CHAPTER ill Conduct of Busin ss of Board and Committee.
19. Procedure al meeting.
20. Meeting of Board tc.
21. Minutes.
22. Quorum. 22-A. Functions of the Seer ta.ry of the Board and committee.
CHAPTER IV-Function of Board and Committee
23. Function of Board.
24. Function of district legal aid and legal advice commllle .
25. Dlstrict legal aid and legal advice committee to have di crellon.
26. Function of tahsll legal aid and 1 gal advice commtltee. 26 A. Function of Gram le?:ll .tl<l and legal c dvtce committee.
CHAPTER V-Fund ofth Board
27. ConsutuUon of fund of Board.
28. Application of Fund. ·29. Budget.
30. Annual r port.
31. Account and audit.
32. 0th r statem nl and returns.
CHAPTER vt-Lcgal Aid and Legal Advice
33. Person eliglbl for legal ald or legal advice.
34. Legal advtc .
35. Legal atd.
36. Mode oflegal aid.
37. Bar of legal aid or legal advice.
38. Application for l gal advice.
39. Application of legal aid. 39-A. Em ·rgency pow rs of the Legal Aid Offic rs and Chairman of the Board or Cocnmlltees.
40. Prov! stons of l gal pracutton r to aid d person.
41. AJded person to reimburse the expert es on legal aid and le?al advice. Out put of each crop Net income Crop net income 6 Crop Out put 3 HAYATA .. ACT, 1976 ed wnh you during th agrtculrrntn lhc net lncom accrued to hr h reby directed lo funil h the ................. narnely.- 2 5 Crop expenditure Expendin1re on agricul turn.l operations Kind of crop sown and o.r a under which ench crop was sown. Crop Area ,. Crop Cot 4 CHAPTERll Estnbli hm nt nod Con tit.ution of Board and onstitution of ommittec
3. E- tabllshment of Board.
4. Constltullon of Board.
5. Legal aid and le?al advic committee: al dist rlct. LahsU and Gram level to a slst the Board.
6. Constilutlon of district legal aid .._ nd legal advtc eornmltte •.
7. Constitution of tnhstl legal aid and legal advice committee.
8. Executive eomrnluee of the Board.
9. Functional commlUe .
10. Member lo hold office during the plea sure of nominating or appointing authority. Cost of out-put Agricul· tural y ar And where, . the I tural ye? . Now. therefor , you durtng the said following tnformaUon on or
58.t 5 7 Subs by M.P. Act No. 51 of 197616-10·19761 SAMAJ KE KAMJOR ... V1DH1K SAHAYATA ... ACT, 1976 ----- In accordance wtth the provision of lhls Act: (bl ·ao rd" m an tne Madhya Pradesh Legat 1\1d and Legal Advice Board Con tltul d und r · cUon 3: • le) ·commltlee· means the dlstrtct legal aid and legal advice com miuee or the 1{lahsll legal aid and legal advt e commlltee or the Cram legal ald and legal advice comrntllee] as the cas may be: (d] ·family" lncludes:-
(1) the wtf or husband, as the cas may be. of a person whether r?ldlng with that p rson or not but do s not Include a wife or husbr nd, as the ca e may be. separated from that person by a decree or ord r of a competent court:
(li) son or daughter or step- on or slep-doughler of a per: on and wholly depend nt on hlm. but doe nol tnclude a child or step- child of whose cu tody that person ha been d pnved of by or under any law for the tlme being in force; (Ill) any other person related whether by blood or marnage to a person or to that person's wtf or hu5band as the case may be and wholly depend nt on lhal person: {el ·landless agricultural labourer· mean a person who do nol hold any "1,?;nculluralland and who prtncipaJ m ans of livelihood ts manual labour on agrtcultural land: (0 ·teg? I advice· lnclude advice ?\ven and " sl Lance rendered In accordance wtlh lh provts Ions of this Act for avoid, nee of vexatious and unnece sary uugauon ln any form: (g}·1egal °' Id" mean th legal aid pectf] d in section 36:
(h) ·1 gal pracUUoner· shall have the meaning ? signed to that expre Ion in the Advocal Act. 1961 (25 of L961): (I) ·tegal proccedlnrf m ans clVll. criminal or r 1enue action frorn lts !nccplion to Its final disposal in a court of law and Includes pr paratol)' tep for institution of such acllon: 01 ·rur. I artisan· menn a person who does not hold any ogrtcultural land and-
(i) whose principal m an of livelihood Is production or repair of LradlUonal tools. Implements and other? rUcle · or lhlngs u · d for agrt ultur or purpo es ancillary thereto In rural area; or llll who normally earn hi Uv llhood by pracliclng a craft either by hl own labour or by the labour of lh member of hLs family in rural area:
(k) ·Scheduled Cru.te· means a member of any caste. rac or tribe or parl of or group wilhln a cast , race or trtbc specified as Sch dule Caste wilh re peel to U1e late of Madhya Pradesh under article 34 I of lhe ConstiluUon of India: S.2 S.1 SAM.AJ KE KAMJOR ?· VIDIIIK SAHAYATA ... ACT, 1976 rz. Legal pracl!Uoner not lo receive any f e from the party. CH.APTER vu-su c Uan ous
43. ProlecUon of action taken tn good ra1U1.
44. AppUcaUon of olh r laws not barred.
45. Power of Slat Go\' •mmenl to g1\'e direcUons. 45-A. Member of the Board and commlll e and office • nd servants of the Board to be public crvants. \5-8. Flnallly of decision.
46. Power to make rul . 4 7. Power to make regul .. uons. THE MADHYA PRADE H AM.AJ KE KAMJOR VAR ,ON KE LIYEVTDRIK ARAYATATATRAVIDUIK ALAJl ADillNIYAM, 1976 (M.P. Act No. 26 of 1976) [R, oeiucd the assent of the eouemor on the 22r1d April, 1976. assent ji.rst published.in the ·Madhya Pradesl1 eazeue· (Extraordinary),dared the 22nd April 1976.J As am nded sub equenUy by the followtn?:-
1. M.P. Act o. 51 of 1976:
2. M.P. Act o. 26 of 19 6:
3. M.P. Acl o. 8 of 1990:
4. M.P. Acl o. 16 of 1991.
5. M.P. Acl No. 35 of 1995 l3 l.10.19 5\. An Act to provide judidal in the Jonn of legal aid and legal advice to the weaker sections of th people wU.h a vteu, to bnnglng the S!JS{em of ;ustice within their reach and tll •reby making th • l :gal proces a surer means to social and economlcJu.:,Hce and for matter: ancillary thereto. Be ll enacted by lhe Madhya Pradesh Legislature In the Twenty s ?enlh Year of lhe Republic of India • c; follows: GHAP'l'ER 1-Preliminiuy
1. Short title. extent and commencement.-(1)Thl? Act may be called the adhya Prod •sh samaj K K3mjor Vargon Ke Llye Vldhlk Sahayala Talha Vldhlk Salah Adhlnly, m. 1976. (2} lt extends to whol of Madhya Pradesh.
(3) ll hall com tnto force on such dale as the Slate Government may by notification, appoln and dlJJercnl dates may be appointed for different areas.
2. Oefinltlons.-ln U1ls Act. unle s Lhc conle..xl otherwise r>- qulr s.-
(a) ·aid d person· means a per on lo whom-
(1) I g<Jl aid Is provided: or (II) l gal advice Is gtv n; 5 6 ... i .
(l) ·Scheduled Trtbe. m an a member of any trtbc, tribal community or part of or group wilhln a tribe or trtb I community specified as such with resp ct to the Stale of Madhya Prade h under Article 342 of the Con utuuon of India.
CHAPTER 11 E tabli h.mcnt and Con titution of Board and Constitution of Committ e
3. Establishment of Board.-{)) With efTecl from uch date as th State Government may. by nollficallon appoint there shall be e lab ll hed for the purpose of this Act, a Board to be called the Madhya Prad h Legal Aid artd Legal Advtce Bo. rd. (21 The Board shall be a body eorpcrate by the narn afore aid. havtng perpetual succession and • common eal, with power to ac quire, hold. nd dispose of property. both movable and lmrnovabl . and o contract. and shall by the sr id name sue and be ued.
(3) The head office of th Board shall be al Bhopal and the Board may. with the prev1ou approval or the State Government. c t.1bU h office at such other place' as lt may d em Ilt, 589 SAMAJ KE KAMJOR ... VJDHTK SAJIAYATA .. ACT, 1976 l Sul .byMP.At:LNo.5lofl!l7Gl>•l0-19761. 2 Ins lw M.P Act No. 51 of l !)7t, lG• H)-19701. 3 Suh, hy M P. Mt No. 8 of J 9'.)() 121,4-19901 4 In ... Ly 1.P. A t No. 26 or H'I? 15-8-19861, 5 5ub-st-cUon (3 Al (3·B1. Ins. hy M.l'. Act No. 2G or 19 15· 8·198 ). B. Members nominated by th ·wte GovPmm nt
(ix) two member or Parllam(·nl r; pr nunp; the Stale:
(x) thre member or the Sl,1Le Lcgl lauv As· mbly nominated In eonsultauon with the Speaker:
(xi) three rcpr entaUvc of Hl?h Court Bar A soctatton one iach from .Jabalpur. Indore and Gwalior:
(xii) lhree prominent socu l workers in the Slate; (xiU) 1tfourlrepr sentatlv :.. of voluntary leW' I aid org.nlsalions:
(xiv) one eminent l gal aid ex-pert: (xv} two member of the dlstrlct legal aid and le al advtc commill cs:
(xvi) one worn n repre •nting social organ! anons: (xvti) one representative et ch of the Scheduled Cast s and ch dulcd Tribes;
(xviii) one representative each of. organJ ed and unorgaru ed labour: (xtx) one Prof sor In the faculty of law from a Univ rstty: .
(xx) on law tud nl from Univcrsllt ln lhe Slate; 2[(xxi) two other persons not covered by any of the afar aid clause as the State Government may think fit to nominate for th • purpo of cfficl •nl discharge or functions lmpo d on lh Board und ·r this Acl.) 3[(2}The st?1te Gm·emment shall appoint a S!Crelary lo the Board from amongst lhe members of th Madhya Prad sh Higher Judicial Service, who sh. 1l be a member ecrctary thereof.) 41(2A) 111e Executive Chairman shall be appointed by lhe State Government.)
(3) Toe Chief Ju?ttce of the 111$ ourt of Madhya Prade h shall be the Chi f Putron or lhe Board ond the Minister having lhe charge of Law. Mndhya Prnde 'h, shnll be the haJrman thereof. 51(3-A)Ul If ther Is a Stale Mlnlsl ·r for Law, h shall be the Vicc-ChaJ.rman of the Board.
(ll) In the ev nt of occurr nee of any va ancy in lhe office or th Chalnnan of the Board by reason of his death. re tgnallon or removal or otherw1 •. the Vlce-Chalnnan sh., ll act a.s Chairman until Lhe date on which th Minister In charg or Law l' appointed.
(ill) Wh n the Chalrman of th Boa.rd ls unable to dl harge his fun lions ownln? to ab!,,encc. U1n or any other cause the Vice Chahm .. n of Lh Board hall dlsch .. rge his function until the date on .4.3 co:MMENTARY AMAJ KE KAMJOR ... VTDl/lK SAHAYATA ••. ACT. 1976 l (1-n) & (I-bl In-.. by M P. Act No, lb oC \!}86. 2 (H:) lns. by M P Act No. 16 or I !l'll -- -
4. Constitution oI Board.-()) The Soard h.JI conslsl or the following members. narnely:- A-Ex-officio m mbers (I) Mlnl ter havln? the charge of l. w. Madhy? Pradesh: 11(1-a)Slate Minister for Law. lf any; (1-b) Executive Chairman:] 21(1-c)Honorary Deputy Chairman):
(ti) Advoc .. le Gen ral, Madhya Pradesh: (llll cretary Lo Covemmenl of fadhy,, Prade h L.: w, nd Legis· lative Affair'> Dcpartm nt: (Iv} Secretary lo l he GoYemmenl or M,1<lhya Pradesh. Finance Depart.awn I:
(v) The Rc?i 1rar. Hl?h Court ol 1adhya Pr .. de h:
(vt) Chairman. Madhya Prnde h State Uar Council: (v11) Director. liartjan and Tribal Welfare, M .. dhya Prad sh;
(vill) Labour Commls loner. Madhya Pradesh; Activiti of the Bo rd constituled under ction 3, prima foci fall in "industry". Mah sh Bhargava v. tate of M.P., 1993 JLJ 705. 5 I Provi-.o 0111ft1ed by M.P. Ad No. 51 or 197G 16-t0-l976J.2 Ins. by M.P Acl No. SJ of 197616 10-19761. 591 SAMA,! Kh.' KAMJOR ... VIDIJIK SAHAYATA ... ACT, 1976 (vljj)
(i) The Collector: (UJ The Chief Judicial Ma?lstrate: (tit) The Pr sidenl Dlstrfc? Bar As?octaUon;
(iv) the Government Pleader ancl ff there ls no GovernmentPleader, the senior mosl additional Govemme1;1tPleader:M the District Panchayat and Social Welfare Oillc r;(vl) U1c Assistant L: bour Commissioner havtngJu.rlsdlcUon overth d !strict;
(vii) Deputy Director, Tribal and Hanjan Welfare, and if there lsno Deputy Director, Dlst.rict Organi?..cr. TrtbnJ and HarIJanWelfare and there be no D puty Director and Dlstrlcl Or·ganJzer, lhen Distrfct Tribal Welfare Assistant havingJurtsdlctJon over lhe di lrict; B.-Membcrs nominated by the Stat<J Covernmeol one member represenUng U1e district in Madhya PradeshLegtslatlve Assembly to b nominated by the State Govemm nt tn onsultaUon Wiil1 the Speaker; C.·Members nominated by the Collector. (Ix) two members of U1c Dlst.rfct Bar Assoc1atfan; (xJ Lwo members of lhe local authorities ln U1c di trict;(Xi) one member of the teaching staff of the law college In thedistrict. if any; (XU) on repre cntaUv of the students In the di t.rict;(Xiii) one woinan prefi rably a lawyer practJsing in the district:1(xx xJ S.6 2[(xiv}one represenlaUve or labour;
(xv) one memb r or U1 Scheduled Caste: (x'Vl) one rnember of th Scheduled Tribe; advice committee sh. di al o exercise uch powers and perf orrn suchfunctions of the Board wHhin the district or tahstl or a village or groupof villages, as the case may be, as the Board may. by general or spec1aJorde? specify.
(3) A di trtct legal aid and legal advice commf tee. a tahsil legal andlegal advice committee nnd a Gram legal aid and JegaJ adVice committee shall. In Lh exercise of powers and dfscharge of functions specifiedunder sub?secuon (2), be ubJcct to lhe generaJ sup rintend, nrr andcontrol of the Board.J ,6. ConstJtuUon of district legal aid and legal advice commit.tee.-(l) A dJstrict I gal aid and legaJ advice commJttce shall canst t ofthe following members. narnely:- A.·Ex-officio Members. S.5 AMAJ KE KAMJOR ... VIDHIK Si\HAYATA ... ACT, 1976 590 which the Chairman resumes hrs duties. (3-B) (lJ There hall be the Executive Chairman of the Boa.rd.{Ii}Any person who ts, or has b en or ls qualified to be a Judge ofa High Court shall be eligible for being appointed as ExecutJve Chairman of the Board. (W) The Ex:ecuUve Chairman shall be a whole-Lime salaried offlcerof the Board and hls emoluments and other terms and cond!Uons ofservtce rhal) be such as may be pr crtbed: (Iv} The Executive Chairman of the Board shall exercise suchpowers and perform such funcUons conferred or Imposed on theChairman of the Board by or under this Act as U1e Chairman may byan order In wnnng delegate or entrust to hlm.]1 [(3·C) (I) The State Gov rnrnent may by an order appoint anHonorary Deputy Chairman of the Board.
(fl) The Honorary Cha.inn.an shall exer ·ise such powers and per. form such funcUon conferred or Imposed on Ute Chairman of theBoard by or under thts Act as the Chairman may by an order in writingdelegate or entru t to hlm.] {4) TI1e members under lause (xv) of sub- ectlon (I) shall benominated for a period of two years 2jxx xJ3[5. Legal aid and legal advice comndttees at district, tahsil andGram level to assist the Board.-41(I)The Stale Government mayconstitute.- Ia) disl.Jict legal aid and legaJ aclvfcc comrn.fttee for each dlstr1ct.and
(b) tahstl le.gal aid and legal advice comm1tte for each tahstl, toasslst the Board to exercise U1e power and perform lhefunctions conferred or imposed upon the Board by or underthis Act. ( I ·a) Notwtthst.nndlnganything contained in the Madhya PradeshPanchayat Adh lntyam, 1981 (No. 35 of 1981) each gram panchayatconsUtuted thereunder shall be the gram legaJ ard and legal adVicecornmtttee for assisting the Board to e."1Cerclse the powers and performthe funcUons conferred or Imposed upon the Board by or under thisAct Th Se retary of the gram panchayat shall be ex-officio Secretaryof such gram legal ald and legal advice comrn.Jttee and the Sarpanchof the gram panchayat shall be the Chairman of lhe gram legal aJd andlegal advice cornrrutte .J
(2) A distrtct legal aid and legal advice committee hall exercise thepowers and perform the functions conferred or lmposeq upon it by or under this Act. A district legal aid and legal advice committee. a tahstllegal aid and legal advrce commlll e and a Gram legaJ aid and legal Ins. by ·LP. A.cl No. 16 or 1991 l21?109JJ.2 Omllted by M.P. Acl No. 51 of 1970 [6-10-19761.3 Sub . by M.P. Act No. 5i of 1976 f6-JO- l976J.4 Subs. by l\LP, Acl Nu. 26 of 1986 l5·8-l986J. 593SAMAJ KE KAMJOR .. VJDHTK SAllAYATA ... ACT, 1976 S.11
8. Executive Committee of the Board.-( l) There shall be an Executive Committee of U1e Board con I Ung of-
(1) Chairman of the Board: 11(i-a)Vlce chatrmnn of the Board. if any: [i-b) Executive Chairman of the Board.] 2((1-c)Honorary Deputy Chalrrnan.] (II) Advocat General, Madhya Pradesh: (iHJ Secretary to the Government of Madhya Prad sh Law and Legislative affairs Ocpartm nt: (Iv) Secretary to the Oovernm nl of Madhya Pradesh. Finance Departrn nt: M Eminent legal ald expert norntnated under clau e (xiv) of sub- section ( 1) of s xtlon 4;
(vi) Regl trar, HJgh Court of Madhya Pradesh: (Vti) Chairman. Madhya Pradesh State Bar Council; (vtli} Secretary of the Board.
(2) The Chairman of the Board shall b t.he Chairman of the Executive Commltl e.
(3) Subject lo the general control of the Board, lhe general super intendence. direction and management of the affairs of the Board shall vest In lhe execu tive commtttee which shall exercise all such powers and do all such acts and things as may b exercised or done by the Board under this Act and rules made thereunder. · 9. FunctlonaJ committees.-()) The Board or a di lricl legal aid and legal advice committee may constitute n, m.111v functional com mittees as lt may deem flt to render assisl.111t·e 1ci·tlw Board or lhc comrnJtt.ee. as the case may be. In the e..\.t'I c·hr 11r ·1he powers and discharge or functions conferred or imposed uput I the Board or lhe commJttee by or under this Act.
(2) A functional c;ommittcc shall, for the conduct of Its business, folJow such procedure .1 ... 111.ty be provided by regulations.
10. Member to hold office during the pleasure of nominating or appointing authority.-( 11 All the members of lhe Board or commiltee olher than ex-officio meml.> rs hall hold office during th pleasur of the authority nominating or appoint Ing lliem a such !llembers.
(2) Whenever any person is nominated or appointed as a member of llie Board or the Committee by virtue of th" post or office held byhim. he sh:lll forthwith cease to b a member of th Board or llie . Committee. as the case may I) • if he c ases to hold uch po t or offic .
11. DJsquallfications for mcm.bershJp etc.-UJ A p rson shall be disqualified for being nomtnat.ed or appointed as. or for beLng. a member oft.he Board or a Commit.tee- I Ins. by M.P. Act No. 26 of 1986 (5-8-1986). 2 Ins. by M.P. Act o. 16 of 1991 l21-8· 19'Jll S.7SAMAJ KE KAMJOR ... VTDHIK SAI:lAYATA ... ACT, 1976592 (xv1J) two other persons not covered by any of lhe aforesaid clauses as the Collector may lhlnk nt to nommate for the purpos of efficient discharge of funcllons Imposed on the district l gal aid and legal advice committee by or under thls Act.]
(2) The Collector shall appoint a Secretary to Lhe dtstnct legal ald and legal advice comrniilee who hall be a member secretary of lhe committee.
(3) The dJ lrtcl Judge :.hall be Patron of lhe saJd committee and the Collector hall be U1e Chnlrman thereof.
7. Constitution of tahsll legal aid and legal advice committee.
(1) A tahsll legal aid and legal advice committee shaJl consist of lhe foUowtng members, nrunely:- A.-Ex-officio members.
(i) al] members of lhc Madhya Prad h Legtslatlve assembly returned from the consutuenctes wh tch wholly or partly fall within the tah U: (HJ sub-divisional officer (Revenue) and If there Is no sub dJYi tonal officer. lhe tahstldar:
(ill) President. Tahsll Bar Association;
(fv) Presidents of-
(1) all rnuruclpal commiltees fn the tahsll. and (U) aJ1 Janapad Panchayats in lhc tahstl whether falling wholly or partly therein. B.-Members nominated by the ColJector
(v) two representatives. one each of Scheduled Castes and Scheduled Tribes: (vii one woman preferably a lawyer practising in the tahsll: (vllJ one representative of labour. 1 ((viit) two other persons not covered by any of t.he af crcsatd clauses as the Colleclor may think fit to nominate for the purpose of efficient discharge of function imposed on the Tahstl legal aid and legal advice committee by or under t.his AcLI 12) The Collector shall appoint a secretary lo the tahsJl legal aid and I gal advice commluee who shall be a member secretary thereof.
(3) The senior most judicial officer posted In lhe tahsll shall be the patron of the said commlttee and the member referred to In clause (ij) of sub-section (1) shall be the Chairman thereof. 7-A-2[x x xJ I Ins. by M.P. Act No. 51 or 1976 IG I? 10761 2 Section 7-A lnscned by M.P. Act No. 51 of 1976 n11d omitted by M.P. A.cl No. 26 or 1986 15-8- J\JSGJ. - .... 595 I Subs. by M.P. Acl No. 26 of 19 [5-8-19861. 2 ?,;.!Sand 17 •. ub .byM.P.AcLNo.8ofl990[24·11-1990l. 3 Subs. by M.P. Atl No. 26 of 1986. Govemmcnl and In other case lhey shall be such as may be proved by rcgulalions.
(3) The expenditure towards salary and allowances and other charges of 11Execuliv Chairman. Seqetary of the Board], dlstrtct legaJ aJd and legal advice commJllce and lahsll legal aid and legal advice commltlec shall be a charge on the fund oft.he Board.
2116. Officers and servants of Boud.-The Board may. wtlli the prevloui;. approva1 of lhc State Govemm nt. crea c as many posls of onlccrs and S<'rvants as may be necessary. and may appoint such number or olt1cers and servants as It considers nece ary for the eIDclenl discharge of its funcllons under lh!s Acl or the rules mnde th reunder.
17. Recruitment and conditions of service of officers and Scrvants.-(1) The Board may. with the previous approval of the Stale Government. make regulatlons for lhe detennlnaUon of th remunera tion and other conditions of servlc of !ls officer · and sen• ..rnls.
(2) The State Government shall make rule!> [or !ht· recruitment of the officers ands rvants of lhe Board:
Provided that WJ such rules are made by t.he State Gove1nment t.be rules applicable to the recrnltment lo crvice under the State Govern ment shall mutatlS mutandls apply lo the Board.} .18. Allowances to members of Board etc.-Thc memb rs of lhc Boa.rd lhe e.x cuUve committee or a runcUonal committee may be paid such allowances for attending lo the work oft.he Board, the cxecutiv commJttee. n commi l c or a fu,wtlonal rommUtee us the case may be. a may be provided by regulallons.
CHAPTER ill-Conduct of Businc . of Bou.rd and Committee
19. Procedure at mecting.-SubJecl to the provision of this Act. the procedure at a m ct Ing of the Board, lhe execut Ive commttlee or a committee hall be su h as lb Boo.rd may, by regulations. determine.
20. Meeting of Board ctc.-(1) The Board or the comm.!Lte• shall me.et for the lransacUon of its buslne from time to time, at 'uch place and time as lhe Chairman thereof may. determine. {2) NoUce of every meeting sp clfying Lhe tlm and place thereof and the busln ss to be transacted thereat shall be dispatched to every member of th Board or a commi llee, as lhe case may be. and exhibited at lhe office of the Board or the committee. a the case may be. seven clear days before the rneeung. [3) 3[(1)At eveI)' meeting of the Board, the Chairman thereof. and ln his absence the Vice-Chairman, if any, shall preside over the meeting of t.he Board, and in the absenc of both, members pre nt shall choose one from amongst the members lo preside over lhe S. 20 SA1'-1AJ KE KAMJOR ... VlDHIK SAliAYATA ... ACT, 1976s. 12SAMAJ KE KAMJOR ... VlDHTK SA1IAYATA ... ACT, 1976
(a) lf he ls less than twenty-one years of age: or
(b) II he is of unsound mind and land so declared by a competent court; or
(c) If he Ls an undl charged Insolvent; or
(d) tf he has been sentenced by a criminal court for an offence Involving moral turpitude, such sentence not having b n revers d: or
(e) if he has on any pr vlous occasion been r moved from the office of m mber of the Board or committee or of a local authority or has been r zrnoved by order of a competent court from any po ltlon of trust either for mismanagement or corruption.
(2) If any question art c . as lo whether a member ul' lhe Board or a cornmlttee has become subject lo .. ny of the disqualifications men tioned In sub-section l l l 1 he question shall be referred for the decision to the Stal Governm nt and lls decision lher on shall be Ilnal,
12. Reslgna_Uon and acceptance.-( 1) A nominated or appotnted member of the Board may. at any time. restan his office by ubrrutting his resignation signed and addressed to the Chairman of the Board.
(2) A nominated or appointed m mber or lhe commitf e may. at any time, resign h1s offic •• by subrmttlng hls r stgnallon signed and addressed to the Chairman of the Committee.
(3) No resignation submitted under sub-section ( 1) or sub-section
(2) shall Lake Ifect until It. Is accepted by the ChaJrman of the Board or the committee. as the ca , may be.
13. Filling of vacancles.-Any vacancy of the member occurring under Section 12 shall be Illled as early as practicable in the manner laid down In section 4, 6 or 7. as the case may be.
14. Validity of proceedlngs.-No act or proc ding of the Board or a committee shall be invalid merely by reason of-
(a) any vacanc · therein or defect in the con tnuuon thereof: or
(b) any defect In the nomination of a person acting as a member thereto: or
(c) any Irregularity In Its proc dure not ulfecttng the merit of U1e case.
1115. Salary of Executive Chairman and Secretary of Board or Committee).-(1) The Secretary of the llo. rd. lhc Secretary of the dlstricl legal aid and legal advice commit lee and lh Secretary of the tahsil legal a.id and legal advice committee shall receiv such monthly alary and such monlhly allowances as the Slate Govern men may. from Ume lo lime, determine. l'.l) Subject lo th provisions of sub-section (1). the eondttlons of s rvtce of a person appointed as Secretary, who holds a lien on a post. under the govem.m nt shall be such a may be laid down by the Sub. byM.P.ActNo 20of 198615·8·19861. 594 597 . 23 SAMAJ KE KAMJOR ... VIDHIK SARAYATA ... ACT, 1976 be. may delegate lo hirn.l {bl . give effect to lhe dee! ion taken in accordance wtlh the provisions of lhJs Act and the rules made thereunder by the Board or coannJll e and subrnlt periodical reports, tf the Board or Committee so directs, regardin? lhe progress made Ln respect lhPrclo.]
CHAPTER IV-Function of Board and Committc •
23. Functions of Board.-The fun lions of lhe Board shall be
(a) to supervtse, direct and oontrol-
(i) Lhc work of the committees; and
(ii) th op raUon and adtninJ trallon of the legal aid and legal advice: throughout the State: {bl to a.nctton expencUture for lhc :idmlnlstration of legnl aid and legal advice:
(c) to allocate funds for I gal ald and legal advic lo the committees:
(d) to take proceedings for the recovery of co ls awarded to aJded persons: . (el to call for p rtodlcal reports from the committees: (0 LO ubmit r, •commendation to the State Government regarding U,e admJn!straUon of legal aid and legal advice and Lmprovem nts In the practice and procedure of Lhe courts so as to reduce the co ts c1nd delay In IIUgatlon:
(g) to give gen ·rol or special direction? to the comrnitlees OT funcllonal commHtces for the proper di 'Ch, rge of their duties and functions: {h) to submit to the Stale Goy mmcnt an annual report of It work: (I) Lo screen ca e . for extending legal aid to be filed before OT pending before th Hl?h Court and the Supreme Court: Ol Irrespective of means test to pennn legal aid or legal advice: {!} In matters of greal public lmporlance, or
(ll) In ec te t case. or (Wl Ln such specialcases which the Board considers to be deserving of legal aid or legal adv:ic ; (k} render assistance lo the members of the weaker ectton of the people to assert, defend or dispute a claJm In legal proceeding; OJ to render ns ist, nee to the member or the weaker sections or the people ln complying with various le?aj requirements In order lo secure Lhc bPn fits under various schemes sponsored by or on behalf of the Central or State Government for the welfare of general public or any section thereof;
(m) encourage conciliaUon in legal proceed in?;
(n) lo educate members ol lhe weaker cctlons of the people ln parUcular about lhe civil rights and lhe rights mad available Lo them SAMAJ KE KAMJOR ... V/DHJK SAIIAYATA ... ACT, 1976 596 rneeung.] {H) At every meeUng of (he district legal aJd and legal advicecomrnitte . the member nouunatcd under clause (v111)°of sub- sectionr1) of section 6 shall pr ..... ,, 1, . ind in his absence, the Chatnnan of th , aid commtuee shall prv .... ull• and Ln absence of both. the memberspresent shall choose one r, 11111 among them elves to b lhe Chairmanof the meeting: (lti) At every meeting; of the tah il legal aid and legal • dv:icc committee. one of the members sp clfled in claus e (I) of sub- sectlcn ( l) ofecUon 7 as may be chosen by the members present sh. ll pre Ide andIn their absence. the Chalrman of lhe said cornmiuee shall preside andin the absen e of all of lhem the members present shall choose onefrom amon? themselves lo be the Chairman of the meeting.
(4) All questions brought before a meeting of the Board or acommtttee shall be decided by a majority of the members present andvoting. The presiding authority, unless Jt refrains from voting, shallgive Its vote before declaring the number of votes for or against thequesuon.
21. Minutes.-(!) Minutes shall b kept of the names of the members pre ent and of the proce clings at each meeung of the Board or a?omrnJtte . The minutes shall at all reasonable times be open toinspecnon free of charge by any member of the Board or a committeeas th case may be.
(2) The minutes hall be In Hindi wrttten In Devanagari scrlpl.
22. Quorum.-(lJ The quorum for a m eung of the Board or acommittee shall be one-third of the members constuutJng the Board or the Committee for the lime being.
(2) If at a meeting of lhe Board or a committee th quorum Is notpresent the presiding auLhorHy shall adjourn lhe m eung lo such timeon the foUowtngday or sorn future date as il may fix. The bustne swhich couJd not b considered at the meeting so postponed for wantof quorum shall be brought before and disposed of at the rn Ung sofixed or at. any subsequent adjourned meeting whether there isquorum present or not provtded that not less thnn thre • members arepresent. I I 22-A Functions of the Secretary of the Board and committee ..The Secretary of the Board and of U1e commit tee shall- 2((a) subject to the general control of th Chalrman and to the extent lo whlch powers are delegated lo ExecuUv Chairmanof the Board In writing by the Chairman th ExecutiveChalnnan hall watch over the financial and executive ad rninistratJon of the Board or the committee and perf ormsuch duU sand exercise such powers of the Board or thCommittee as the Board or the Committee. as the case may --- ---- -- -- --1 111-, hy 1.P Acl No. 51 of 1976 [6-10 19761.2 Sub1;. by M.P. Act No. 26 of 198615 8-1986]. I ._ ..... ' COMME TARY Activit1cs of the Board con tilut d d . .. indu<:try". Malwsh Bharncwa u f t u/na,,eprction 3, pnma fucie foll in o · a e o m:. ., l993 JLJ 705. under various enactrn ents:
(o) to enlighten the people In rural area! and Iacllttles made avnllable lo them b ", h about a?rartan reforms tJme to time and lo render legal a I l ) L e Stat Gov rnment from , ance wh ere necessary·
(p) to arrange for publicity of Im rtant le · on labour. woman. agriculturists po 'aJ< g1 lallon having bearing bonded labour. rural lndebt d , · rd er ecllon of th people ness an social reforms·
(q) lo ponsor voluntary org nJ ti · lawyers and law tud nts and t a sa ons cons! tlng of enlighten d a 'isl nee to the weaker ectto o enrclhouragethem to render free legal ns o c p ople:
(r) to ponsor I gnJ advtce climes: .
(s) to und rtake and encoun lion affecting weaker ectlons ofcc?iee p ?;ri.hwork In field. of legt la-
(l) to carry on such other acuvtue ·. to the obj els of this net: s as nu tncldental and conducive
(u) to discharge uch lh d functions for the u , o er utl " .md to perform such other Stec le Govemmenim?yd?of ctarrylngout the object-, of this Act as the _ tree .
30 . AMA.1 KE KA.\JJOR ••. f/WHIK 4.HAYATt\. ACT, 1976 599
25. District legal aid and legal advice committee to have discretion. The dtstrtct le?al • !cf and leaal advice committee hall normally have th dlscr lion to jud(te the sufft I ncy or otherwise of th material before It for the grant of tegc I aid or legal advice.
26. Functions of tahsil legal aid and legal advice committee. The tah U legal aid , nd legal advice cornmluee hall dtschs rge uch functions a. may be cntru led to lt by the Board. 1[26-A. Functions of Gram legal aid and legal advice committee. Toe Gram legal aid and legal ? dvlce committee hall dl charge such function as }l1ay be entrusted lo It by that Board.l
CHAPTER V-Fund of th Boord
27. Constitution of fund of Board. ( 1) The Board shall have and maintain Its own fund. and all re elpl of the Board hall be carried ther to and all payment by the Board hall be made thercf rom.
(2) The Board may accept ubventtons. don, Uons '"nd ?ifi. from the Central 01 Stale Government or a local nuthorttv or any Individual or body. whether tncorporat d or not, for all or any of the purposes of lhl Act.
(3) The fund of the Board hall be applied by It for meeting all adminl trallve expense of the Board and for carrying out the purpose of this Act.
(4) All moneys lorrnlnq p. rt or the fund of the Board hall be deposited In such m.rnner ?1 01e Stale Government may b spe lal or generaJ order. dlrecl.
(5) The account shall be opcrat d upon by , uch officer Jointly or individually as may be aulhortsed by Lhe Board.
28. Application of fwld.-The fund and other as els of the Board shall be held and applied by ll. subject to the provt 'Ions nncl for the purpo · of this Acl.
29. Budget. ( 1) The Board shall. by uch date In each year as may be fixed by the Su: te Government prepare and ubmll to the State Governm nt the budget for the n :t. financial year hewing the e Umaled r lpts and expenditure.
(2) The Stale Govemmenl m. y sanction lhe budget as . ubmltted lo It with or without modiOcatlon as It de ms proper.
(3) The Board may ubmll a upplem ntary budget for onctlon of the State Govcmmenl ln such form and by such dote cc may be pre rtbed.
30. Annual report. ( l) The Board shall prepare and forwnrd to the Slate Govemm nl In suC'h mann r as may be pre crlbed an annual report wilhln lhrc monlh. from lh end of the financial year giving a complete account of Its activlUe durln? U1 prcvlou Onancial year 111,,, by ,t P. All No 51 of 197616 10-10761, S.24VIDJJJK SAJJAYATA ..• ACT, 1976 Mb1,/ KE KAJ.fJOR59
24. Functions of dutrict legal aJd Th funcUon of the leg J aJd and I g I anddlegal advice committee.- a 3 vice commtltee hall be-
(a) to receive and Inv ugate appllca11 Ii I
(b) \ ons or egal aid· lo provide for JegnJ advice: ·
(c) to malnlaJn pane] f 1 1 leg:u advice: o cga practitioners for giving legaJ rud or ?=:tl:::de all questions a to the grant or withdrawal oflegal aid· e paym nt of fee to pan I legaJ UL ' ly to provide for co ts of legal aid d I • pra loners and generalplac d at hi disposaJ b th B an gal advice out of lhe funds recovery of co, l awarded ?oth -•odacdrdand to truce proc 'edlngs for <U p rsons: (0 lrre pect1ve of mean lest to p rmlt I al (I) l g aid or legal advlcen m. Uers of gr at public importance: or (II} ln a t t c, e: or (Ill) In such pcclal cases whl h lh dislnct I , advice committee considers to be d gaJ aid and legal legal advice: e ervlng of legal aid and
Provided that no legaJ aid under this clau w1U1 prior approval of lhc Boord: shaU be granted save (g} to perform such other function as th 8 ... __. ' < ?u u mcc y entrust.
601S. 37 SAMAJ KE K.AMJOR ... VIDmK SAHAYATA ... ACT, 1976 . (I) amicable tuement of disputes by securing co-operation of the partl lo a dispute ln such manner ,,._ may be prescribed;
(jj) rendering a. Istancc In the mailer provided in clause (1) of section 23.
35. Legal aid.-Subject to the provt ions ofs cUon 33 ?ncl 37, legal aid may b given In a legal proceeding lf,-
(a) the following conditions are sattsfled, that I lo say
(i) lher ts a prtma fac!c case; and
(ii) the claim is reasonabl and for want of legal aid claimant Is likely to suffer In securing his legal right.
(b) the party has acted In accordance with legal advice. If any. rendered under section 34. (21 Subject lo the provisions of sub-section (1). the district legal aid and legal advice commJtlee may. either on !ls own motion or on the tnfonnation r cetved by it as to the need of legal aid or on an applica tion from the P rson concerned under secuon 30 giv legal aid at any stage of any legal proceeding.
(3) Legal aid shall be admissible in such legal proceedings In a court In which representation by a IegaJ pracUtloner Is not preclud d.
36. Modes oflcgal aid.-Th legal aid may be given under this Act In all or any of lhe folloWing modes, namely:- {a) payment of court fees. process fc s. expen of wHn ses and all olher charges payable or Incurred In connection with legal proceed ing;
(b) represcnlation by a legal practiUon r Jn a legal proceeding;
(c) supply of c rtified copies of judgment and order in a legal proceeding; (dJ preparation of appeal paper books Including prlnUn? and I ranslation of docu men ls t n a legal proceeding: (cl any oth r mode a may be prescrlb d. COMl\1:E TARY Activities of the Board con tituted under section 3, prima facie fall in "industry•. Mahesh Bhargaua. u. State of M.P., 1993 JLJ 705.
37. Bar of legal aid or legal advice.-No legal aid or I gal advice shall be granted or ?lven in the following:- {a) dcfamaUon:
(b) malicious prosecution;
(c) breach of promJse of marriage;
(d) inducement of one spouse to llvc or remaln apart from the other; {e) elecuon matter ; AMAJ KE KAMJOR ... VIDHIK SAHAYATA ... ACT, 1976 S. 31 600
(2) The report received by U1c State Covernm nt under sub-sectionCI) hall be laid on the table of the Madhya Pradesh LegtslattvAssembly as soon as may be aft r It ls recerv d by the Slate Government.
31. Accounts and audit.-(1} The Board shall cause to be malntaJned proper books of accounts and such other books as the rul may require and hall prepare in nccor:dance wtth the rules an annualstatement of account. (2J The Board shall cause !ls accounts lo be audited annually bysuch per on as the Stale Government may direct,
(3) As soon as the aecoun of the Board have been audited the 4 Board shall send a copy thereof together wnh a copy of I he rep ,rt ofthe auditor and th cornmeru-, of the Board thereon lo U1.e StateGovernment.
(4) ·111e Board shall comply with such dlrecuons as U1c SlateGovernment may thlnk nt IIJ I!-. sue after perusal of the report oft.heauditor and th comments or I he Board th reon,
32. Other statements and returns.-The Board shall also submitto the State Government such statistics, returns, particulars or statements at such time and In such form and manner as may be prescribedor as lhe Stale Government may, from Um to Ilrne, direct
CHAPTER VI-L<-gal Aid and Legal Advice
33. Persons eligible for legal aid and Jegal advice.-No personshall be eUglble for legal aid and legal advice under thls Act. unless- 1 f(a) h e is a landless agricultural laboure . a nu-al artisan, amember of Scheduled Castes, Scheduled Tribes. a rnernb r of backward classes, Women or a Child; or] lb) he satisfies th following means test, that ls to say.-
(1) lhe family of which he I a member has Incorn of 2[0ne thou and rupee I or Jess p r month: or (II) lhc family of which he Is a member holds 3jlwohectares of Irrigated land or four hectares of untrrtgated land) or land le than that and such famUy has no 0U1er source of income except agriculture on such land. 4[Providedthat the B0:1Id or th Committee, as the case may be. mny in suitable cases exempt any person from the provtstons of thissccuon.]
34. Legal advice.-Subject to the provisions of sections 33 and 37,legal advice may be given in all matters in which a quesuon of law Isinvolved. The legal advice shall be aimed at- I Subs. by Mp 35 or 1995 l3L10.J0051. 2 Subs. by Mr. Act No. 26 of 198615-8 1986) and again by MP35 of 1995 l31.JO.!l5J.3 Sub . by M.P. Acl No. 26 of 1986 !5·8· 19861. 4 In by MP. Act No. 26 of 1986 (5-8-19861. -------- - - . (0 conomtc off, nces and oflenc against soctal laws such asprevention of dowry und restraining of child marriages:
(g) matters tnctdcnial lo any or thos referred to above; (hJ such other matters as may b prescribed.
38. Appllcatfon for legal advice.-(1) Any per on <!ll?lble for legaladvice under ectlon 33 may. at any Ume, apply for legnl advice to thedtstrtct legal aid and legal advtc ? comrruu e in such form as may beprescribed. (2} The di. trtct legal aid and leg::il advice commiuee to whichapplicaUon Is made und r sub- ectlon ( I) shall, In the mann rpresci:bed,end avour lo settle the di pule by brfn?tng about r -conclliatJon between the riv. I parties and If the reconciliatory elfortsfaH and failure 1 attributable Lo the non xi-op eratton of any one party.lo the dJspute. the non co-opera Ung party even if otherwise ell?lble forlegal aid, shall not be cntltled lo lcgaJ aid in any legal proc edlng in connection with that dispute.
39. Application of legal ajd.-( I) Any person eligible for JegaJ atdunder s ctton 33 may, at any stage of legal proceeding apply for legalaid lo the district lcgaJ aid and legal advice cornrntttee In such form as may be prescribed: Provtded that. wh re appllcat Ion hns been mad , und .. r se Uon 38for legal advice. no fresh applJcaUon for legal ald shall b nece sary,and lhe dlstrtct l gal aid and le?::d advice commJtlcc shall, subject toLhe provisions of sub-sccuon (2) of that s cuon proceed to grant legalaid, as if th appUcaUon under sub-section ( IJ of that section were anappllcaUon for ?rant of I gaJ aJd.
(2) The district. legal aJd and legal advice committee. t.o whichapplication is made under sub- ectlon (I) shall. subject to the provt ions of this Act. and the rules made thereunder. make an orderin such form a may b pre. crtbed sancUontng the grant of legal aidto the applicant.
(3) The district legal aid and legal advice ommitt shall send a copy of I he order ?Mn_g legal aid lo t.he aided person to the court Inwhich legal proce ·ding i lob insututecl or IL t. pending for disposal.•1 239-AJ. (Emergency powers of the LegaJ Aid Officers and Chair· man of the Board or CommittecsJ.-( l) 3!1fin lhe opiaJon of Lh , LegalAfd Officer of the dislrict or lah.sll. as the case may be, or t n lhe opinionof th Chairman of the Board or a CornmJtreeJ any emergency haarisen which requires Immediate ac-Uon to be taken, the <t[LegaJAidOfficer of the dlstricl or tahsll, as lhe case may be. or t.he Chairman.]shaJl take such action as he deern necessary In ant.lclpaUon of the ---- 603SAM.A.I KE KAMJOR ... VTDHJK SARAYATA ... ACT, 1976S.41 COM1vIENTA RY approval of the Board or the committee and shall at the earliest opportunity thereafter report his acUon Lo the Board or the committee. a U1e case m(J y be. • 1((2)On receipt. of a report under sub-seclJon (1) lflhe Board or th Commltte . as the case may be. does not approve of the action taken by Legal Aid Officer of the dist:r1ct or lahstI. as the case may be, or the Chairman IL shall refer the matter- (!) In ca of action taken by the Chairman of lhe Board, to the State Government;
(il) in case of action taken by lhe Chairman of the DI trict Legal Aid and Legal Advice Connnltt .e. to the Board; (UH In case of action taken by the Chairman of the tahsll Legal Afd and Legal AdVice Commme • to the District LegaJ Aid and Legal Advice Committee: {Iv) In case of action taken by the ChaJrmnn of the gram Legal Aid and Legal Advice Commit.tee. to the Tahsil Legal Aid and LegaJ Advice Commlttcc:
(v) in cas of action taken by LcgaJ Aid Officer of a dlstr1ct or Tahsll to the Secretary of the Board for placing the matter before the Board; whose declsl.on thereon hall be final.]
40. Provision of legal practitioner.-11) The distrtct legal aid and legal advice commiltee shall every y ar by such date as may be prescribed prepar a Ust oflcgal practitioner pracU lnl! tn thr C'II-.ITirl and possessing prescribed qualiJkatlons.
(2) The district legaJ aJd and le?al advlc committee halJ submit the llst so prepared alongwtth its recorrn1wndaUons to the Board for Us approval and legal practitioners 8'_ .1pp1oved by th Board shall be panel I gaJ practitioners for the purp<J!le..Q(entrustment of work under Lill· Act during the currency of lhe II t.
(3) The panel legal practitioner shall perform such functions and discharge such duties Ln relat.Jon to legal ald and legal advice as may be prescrtbed.
(4) Th panel legal practiUon r shall be nUUed to such remunera Uon for the functlons performed and duties discharged by him as may be prescribed. Activities of the Board constituted under section 3, prima facie fall in "industry". Mahesh Bha.rgaua u. State of M.P., 1993 JLJ 705.
41. Aided person to reimburse the expenses on legal aid and legal advice.-lf any lcgaJ proceeding lo whJch an alded person Is a Subs. by M.P. A l No. 26 of l98615-8·l9B6J. . 38 602 , SAMAJ KE KAMJOR .. VfDHlK SAHAYATA ... ACT, 1976 1 Ins. by M.P. AC'l No. 51 or 197616-10 1!)7GJ. 2 Subs. hy M.P. Act No. 26 of 198615·8 19861 3 Subs. by M.f'. Act No 26 ol 198015 8-1986J. 4 Subs. by M.P. Act No. 26 of 1986 (5·8 19861. 605 In-.. b) l\t r Ml o. 26 or 11 8615-8· 1. ·1.
(a) m,mner In which conciliation hall be encourag d ln civil matter<;:
(b)(I) media of edu<.'alln? th members of the w ak r section of the J>t'oplc In the di charge of fun lion by th Board under clau s (n), (o) ,lnd (pl of ecUon 23: (II} the mann rm which voluntary orga111/,1I Ion hall be! pon or d under clau e (q) of ecUon 23 amt c un tilutlon of uch voluntru,• organtsaUon..,:
(c) con UluUon of legal advice clJnlc :
(d) conduc-tofortentaUoncoun,e forth tralnlngoftheperson nel of the legal aid and le?al advice machinery: ( ) manner ln which help of I gaJ pracllUoner de lrous of rendering help wtthoul any fee shall be ought: (0 m nner In which practice of .. ppearance by emJcu, curies may be evolved and encourm(ed: 1 ((fO the emolument and other t rm and condition of 'ervlce of Executlv Chairman under Section 4(3-B)(W).J
(g) the form In which and the dat by which a suppl menl.aJy budget h. JI be submilled und r sub-se Uon (3) of cUon 29:
(h) the mann r in which an annual r port shall be prepared and forwarded to the Stat Govemm nt under ub-secUon ( 1) of ctlon 30: (I) the manner in which the Board hall cause to be maintained proper books of ac·counts. nd other books under ub- ec Uon ( I) of ecUon 31: 0) the form and manner In whfch and the Umc by which the tau lies, r turns, particular' or stat ments hall be sub mHted under secllon 32:
(k) enumernUon of other matt ·r in which no legal aid or legal advice shall be granted or glv n under c-lause (h) of section 37: (I) (I) the fonn to which an appllc, lion shall be made under . ub , cllon (I) of cUon 38: (II) lhe mann r ln which elUcmenl shall be brought a.bout under sub- ecUon (2) of section 38: (ml (IJ the fonn In which an application shall be made under ub cction (I) of secUon 39: (U) the form In whJch the order ancUonJng grant of legal aid shall be mad under u b-sect Ion (2) of section 39; (n} (I) lhe date by which a II t of lcg.11 practlUoners hall be prepared und r ub- ccUon (I) of cUon 40: ----- . 46 SA.MA.I KE KAMJOR . VID/ILK SAHAYATA ... ACT, 1976 ' AMA.I KE KA.MJOR ... VLDH!K WIAYATA ... ACT, 1976 S. 42 604 party if th court pas es an ord r or a deer In favour of the aided person or awards compen aUon uch aided per on hall be Uable to reimburse the di trtct legal aid and legal advice commJttc of all the expen In urred by the aid comrmtte In glvln? le?al aJd and legaladvtc lo hlm and on his failure lo do so. the amount due from him,hall be r; coverable ln the same manner a an arrear or land revenue.
42. Legal practitioner not to receive any fee from the party.Th legal pracUUon r to whom f els du or paid und r Lhls Act shall not be enUtled to nor shall he receive any fee from the aided person.
CHAPTER VII-Mic llaneous
43. Protection of action taken ln good faith.-(1} No ult. pro ecutton or other l gal proceeding shall lle again t the Board or [Chalrman or Vlce-Cha.Jnnan. II .iny], a member or Secretary thereof or of a cornmtuc or any officer or servant of th Board or any p rson acung on behalf of the Board for the purpos e o thl Act for anythln , whl h ls In good fanh don or Intend d to be done under U11 Act.
(2) No suit or other legal proce dlng shall lie against the Board orthe 2[Cha1rman or Vlce-Chrurman. if any], a member or Seer tarythereof or of a commltlee or any officer or rvant of the Board or any person acting on behalf of the Board for the purpo es of this Act for any damage cau d or likely to be cau d by anything which I. In goodfalth done or lntended to b done under this Act.
44. Application of other laws not barred. The provisions of this Act. shall be ln addiUon to and not In derogation of, the provisions of any oth r law for the ume being ln force.
45. Power of State Government to give direction.-111 dischargeof function under lhl.., Act. the Board shall be guided by uch dlrecUon " lhe Stale Oovernm nt may give In wr1lln .3(45-A. Members of the Board and committee and officers and servants of the Board to be public servants. Every member of the Board and of the CommJttee and every officer, nd servant of the Bo, rd hall be deemed lo be public rvant wtthln the meantnq of Section 21 of the Indian Penal Code. 18 0 (XLV of 1860). 45-B. Flnallty of declslon.-Ev ry de I Ion taken by the Board orComm I tlees under th provtslons of I his Act ln re peel of I gal a Id and legal advice. or every dect Ion of the Execu tlv Cammi ttee of the Board or of the funcUonal cornmltt es consutut d und r lhl Act shall be final and shall not be called ln qu ·sUon In any court of law.]
46. Power to make rules. (I) The SU le Govemm nt may. bynoutlc.uton, mt ke rule tor carrying out the purpo es of this Act.
(2) In particular, and without prejudice to the gcneralny of th for golng power. uch rul may provide for all or any of the Iollowtng matters, namely:- 1 Su ·• by I.P. Acl o. 26 or 198 16 8•19HGI. 2 Sub,, by M.P. Aci. !'.o. 26 of 19 15 8 I I, 3 S. 45-A and 45 B lno; by \1.P. Act !\o 26of 19 15 8-10861. 607 'AMAJ KE KAMJOR .. VlDf/IC SATIAYATA ... NlYAM, 1977 R5
(e) "Section" means a section of th J\cL
2. AppllcaUon for l?al assLstance or legal advice under sub'ecUon (l) of secl!on 38 shall oataln partlc·uJars of lhe appUcant andhis legaJ prob! m with an endorsem ·nt frorn one of the following persons to lhe efJect that the applicant. altsflcs lhe cllglbtllly lest laiddown in section 33. nomely:-
(a) Member of Parllamenl:
(b) Member of Leg! laUve Assembly:
(c) Member of the Board or n committee; (d} Any G:i7etled Officer of the State;
(e) Revenue Officer: (0 Sarpanch of Gram Panchayat; (gJan Offlce bearer of an lnsUlu lion estabUshed or consututed withthe objecl of welfare and uplifl of lhe members of Schedul d Castesand Scheduled Trtbes and registered under the Madhya PradeshSociety Regislrlkaran Adh!nlyam. 1973 (No. 44 of 1973).
3. Where a person desirin? legaJ assistance or legal advice inunable Lo write an application for lhe purpose himself. a certificatefrom one or the person peclfJed In rule 2 certifying the eligibility ofthe person concerned for legal assistance or legal advice under section33 and slating lh lel{al problem whPreforc legal asslstnnce or JegaJadvice r' required shall be suiflcient for giving legal assistance or legala.dvice a lhe case mny be. by the district committee:
Provided thal an oral request made by such person for giving legalassistance or legal advice may be entertained by the dlslricl commHtt:eIf the di t.rtct commlllee Is saUsfl d thal ?uch person fulfills ellglbllltytesl under section 33.
4. On receipt of the appllcaUon under rule 2 or a cerUflcate or oral request under ruJe 3. as lhe case may be, the matler may be entrusted to one of the panel legal practitioners for legal assistance or legaladvice, as the case may be.
5. ( lJ The panel l gal practUloner to whom lhe malter has been ntru.sted under rule 4 shall eHc!l the nature of lhe legal assistanceand legaJ advice r quJred in the matter and thereafter proce d to arrange fort.he required legal assistance or legal advice or both. as the case may be. In the manner herelnafter provided.
(2) If the nature of the problem ts such that ft requires?
(i) an appll atlon on plain paper to be Written;
(ti) a fonn of applicaUon to be ftJled In: (iJIJ a reply to be given to a notice for r payment of Joan; (Iv) an affidavit to be filled In;
(v) a document to b prepared;
(vi) a surety bond to be prepared for any of lhe folloWingpur poses, namely:- SA.MAJ KE KAAfJOR ... VIDHJC SAHAYATA ... NlYAltf, 1977 R. 1 606
111.... 11, r.1 P. Act No. 51 of 197G 16· 10-19761. {II) U1e function and the duues whkh shall be performed anddi charged by lhe panel of legal pracUUon T und r sub- ecUon (3J of secUon 40: (!U) the remuneration to which panel legal practJUoner shall beenutl d under sub- ectlon (4) of s cUon 40:1Ho)the pro edure for provtdtng legal ald In the J Ugh Court andth Suprem Court:
(p) any other matter whlch Is to be or may be prescrtbed.]
(3) All ruJes made under this Act shall be laid on the table of thLegislative A sernbly.
47. Power to make re1ulatJons.-The Board may, With the previous sancuon of the State Governmenl make regulations not tncontstent wtth thls Act or the rules made thereunder lo provide for aumatters for which provision Is required to be made under this Act byregulauon . RULES (Notifica.tlonNo. 12281 F'-16-8-76-XXI B. dl 17-3-1977:Pub. i.nM.P.Oaz. Pl IV(Ga), dt 20-5-1977. p. 72J. And as amended by:-.
1. Notfn. No. J?(e)-326-78-XXI-B, dt, 25-7-1979, Pub. inM.P. Caz. Ext., dt. 31-7-79, p. 2467-70.
2. Notfn. No. F-17(E)-75-92-2l-B0T).dt. 8-12-1993: Pub. InM.P. Gaz, Ext .• dt, 21-12-1993, p. 836.
3. No(.fn. No. I 7rE}34-96-XXI-B. dt. 3-4-1996, Pub. In M. P.Caz .. Pl. rvrGa), dated 19-4-1996, p. 62. In exercise of the powers conferred by sub-section (1) and clauses(g), (h). Ul. {l) and (m} of sub-section (2) of section 46 of the MadhyaPradesh Sarna] Ke Kamjor Vargon Ke Liye VldhJk Sahayaia TathaVldhlk Salah Adhlniyam, 1976 (No. 26 of 1976), lhe State Oovernm •nLhereby makes the following rules, namely:-
1. In th se rules, unless the con text otherwise requlres:-
(a) "Act" means the Madhya Pradesh Sarna] Ke Karnjor Vargon KcLlye VidhJk Sahayata 1'alha Yidhik Salah AdhJnJyam, 1976 (No. 26 of1976):
(b) "Dlstrtct Cornrruttee" means the district legal aid and legaladvice committee constltuled in each district under section 5;
(c) "Form" means a form app nded to these rul s:
(d) "Revenue Officer· means a Rev nue Officer not below t.he rankof Nalb-Tahsfldar: