Protection of action taken in good faith

43. Protection of action taken in good faith.-(1) No suit, i prosecution or other legal proceeding shall lie against the Board or [Chairman or Vice-Chairman, if any], a member or Secretary thereof or of a committee or any officer or servant of the Board or any person acting on behalf of the Board for the purpose of this Act for anything which is in good faith done or intended to be done under this Act.

@ No suit or other legal proceeding shall lie against the Board or the “[Chairman or Vice-Chairman, if any]. a member or Secretary thereof or of a committee or any officer or servant of the Board or any person acting on behalf of the Board for the purposes of this Act for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.

44. Application of other laws not barred.-The provisions of this Act, shall be in addition to and not in derogation of, the provisions of any other law for the time being in force.

45. Power of State Government to give direction.-In discharge of functions under this Act, the Board shall be guided by such directions as the State Government may give in writing. (

345-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 Committee and every officer and servant of the Board shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (XLV of 1860).

45-B. Finality of decision.-Every decision taken by the Board or Committees under the provisions of this Act in respect of legal aid and legal advice, or every decision of the Executive Committee of the Board or of the functional committees constituted under this Act shall be final and shall not be called in question in any court of law.]

46. Power to make rules.-(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: — 1 Subs. by M.P. Act No. 26 of 1986 [5-8-1986]. 2 Subs. by M.P. Act No. 26 of 1986 [5-8-1986]. 3 S.45-Aand 45-B ins. by M.P. Act No. 26 of 1986 [5-8-1986]. S.46 SAMAJ KE KAMJOR ... VIDHIK SAHAYATA ... ACT, 1976 605
   • (a) manner in which conciliation shall be encouraged in civil matters: & (b)(i) media of educating the members of the weaker sections of the people in the discharge of functions by the Board under clauses (n), (0) and (p) of section 23:
     • (ii) the manner in which voluntary organizations shall be spon- sored under clause (q) of section 23 and constitution of such voluntary organisations;
   • (c) constitution of legal advice clinics;
   • (d) conduct of orientation courses for the training of the person- . nel of the legal aid and legal advice machinery;
   • (e) manner in which help of legal practitioner desirous of rendering help without any fee shall be sought; () manner in which practice of appearance by emicus curies may be evolved and encouraged: '[(M the emolument and other terms and conditions of service of Executive Chairman under Section 4(3-B)(iii).] (g the form in which and the date by which a supplementary budget shall be submitted under sub-section (3) of section 29;
   • (h) the manner in which an annual report shall be prepared and forwarded to the State Government under sub-section (1) of section 30; () the manner in which the Board shall cause to be maintained proper books of accounts and other books under sub-sec- tion (1) of section 31;
   • (j) the form and manner in which and the time by which the statistics, returns, particulars or statements shall be sub- mitted under section 32;
   • (k) enumeration of other matters in which no legal aid or legal advice shall be granted or given under clause (h) of section 37:
2. (1) (i) the form in which an application shall be made under sub- section (1) of section 38;
   • (i) the manner in which settlement shall be brought about under sub-section (2) of section 38;
   • (m) (i) the form in which an application shall be made under sub- section (1) of section 39;
     • (i) the form in which the order sanctioning grant of legal aid shall be made under sub-section (2) of section 39;
   • (n) (i) the date by which a list of legal practitioners shall be prepared under sub-section (1) of section 40; 1 Ins. by M.P. Act No. 26 of 1986 [5-8-1986]. | | 606 SAMAJ KE KAMJOR ... VIDHIC SAHAYATA .. NIYAM, 1977 R.1 {1i) the functions and the duties which shall be performed and discharged by the panel of legal practitioner under sub-sec- tion (3) of section 40;
   • (iff) the remuneration to which panel legal practitioner shall be entitled under sub-section (4) of section 40; flo) the procedure for providing legal aid in the High Court and the Supreme Court;
   • (p) any other matter which is to be or may be prescribed. |
3. (3) All rules made under this Act shall be laid on the table of the Legislative Assembly. a 47. Power to make regulations.-The Board may, with the pre- vious sanction of the State Government make regulations not incon- sistent with this Act or the rules made thereunder to provide for all | matters for which provision is required to be made under this Act by regulations.