The Madhya Pradesh Samaj Ke Kamjor Vargon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Adhiniyam, 1976

THE MADHYA PRADE II AMAJ KE KAMJOR VAR- GON KE LIYE VIDIIlK ABAYATA TATHA VIDHIK ALAH ADHINIYAM, ONTENT CHAPTER I-Preliminary I. Shorl UU . extent and comm nccmenl. 2. Definitions. SAMA.I KE KAMJOR ... VTDlllK SAHAYA1'A ... ACT, 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

The Board may, with the previous approval of the State Government, create as many posts of officers and servants as may be necessary, and may appoint such number of officers and servants as it considers necessary for the efficient discharge of its functions under this Act or the rules made thereunder.

(1) The Board may, with the previous approval of the State Government, make regulations for the determination of the remuneration and other conditions of service of its officers and servants. (2) The State Government shall make rules for the recruitment of the officers and servants of the Board: Provided that till such rules are made by the State Government, the rules applicable to the recruitment to service under the State Government shall mutatis mutandis apply to the Board.

The members of the Board, the executive committee or a functional committee may be paid such allowances for attending to the work of the Board, the executive committee, a committee or a functional committee as the case may be, as may be provided by regulations.

Subject to the provision of this Act, the procedure at a meeting of the Board, the executive committee or a committee shall be such as the Board may, by regulations, determine.

(1) The Board or the committee shall meet for the transaction of its business from time to time, at such place and time as the Chairman thereof may determine. (2) Notice of every meeting specifying the time and place thereof and the business to be transacted thereat shall be dispatched to every member of the Board or a committee, as the case may be, and exhibited at the office of the Board or the committee, as the case may be, seven clear days before the meeting. (3) At every meeting of the Board, the Chairman thereof, and in his absence the Vice-Chairman, if any, shall preside over the meeting of the Board, and in the absence of both, members present shall choose one from amongst the members to preside over the meeting. (iii) At every meeting of the district legal aid and legal advice committee, the member nominated under clause (viii) of sub-section (1) of section 6 shall preside and in his absence, the Chairman of the said committee shall preside and in absence of both, the members present shall choose one from amongst themselves to be the Chairman of the meeting: (iv) At every meeting of the tahsil legal aid and legal advice committee, one of the members specified in clause (i) of sub-section (1) of section 7 as may be chosen by the members present shall preside and in their absence, the Chairman of the said committee shall preside and in the absence of all of them the members present shall choose one from among themselves to be the Chairman of the meeting. (4) All questions brought before a meeting of the Board or a committee shall be decided by a majority of the members present and voting. The presiding authority, unless it refrains from voting, shall give its vote before declaring the number of votes for or against the question.

(1) Minutes shall be kept of the names of the members present and of the proceedings at each meeting of the Board or a committee. The minutes shall at all reasonable times be open to inspection free of charge by any member of the Board or a committee as the case may be. (2) The minutes shall be in Hindi written in Devanagari script.

(1) The quorum for a meeting of the Board or a committee shall be one-third of the members constituting the Board or the Committee for the time being. (2) If at a meeting of the Board or a committee the quorum is not present the presiding authority shall adjourn the meeting to such time on the following day or some future date as it may fix. The business which could not be considered at the meeting so postponed for want of quorum shall be brought before and disposed of at the meeting so fixed or at any subsequent adjourned meeting whether there is quorum present or not provided that not less than three members are present.

(a) to supervise, direct and control- (i) the work of the committees; and (ii) the operation and administration of the legal aid and legal advice throughout the State: (b) to sanction expenditure for the administration of legal aid and legal advice: (c) to allocate funds for legal aid and legal advice to the committees: (d) to take proceedings for the recovery of costs awarded to aided persons: (e) to call for periodical reports from the committees: (f) to submit recommendation to the State Government regarding the administration of legal aid and legal advice and improvements in the practice and procedure of the courts so as to reduce the costs and delay in litigation: (g) to give general or special directions to the committees or functional committees for the proper discharge of their duties and functions: (h) to submit to the State Government an annual report of its work: (i) to screen cases for extending legal aid to be filed before or pending before the High Court and the Supreme Court: (j) Irrespective of means test to permit legal aid or legal advice:- (i) In matters of great public importance, or (ii) In selected cases, or (iii) In such special cases which the Board considers to be deserving of legal aid or legal advice; (k) render assistance to the members of the weaker section of the people to assert, defend or dispute a claim in legal proceeding; (l) to render assistance to the members of the weaker sections of the people in complying with various legal requirements in order to secure the benefits 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 conciliation in legal proceedings; (n) to educate members of the weaker sections of the people in particular about the civil rights and the rights made available to them under various enactments: (o) to enlighten the people in rural areas about agrarian reforms and facilities made available to them from time to time and to render legal aid to them where necessary; (p) to arrange for publicity of important legislation having bearing on labour, woman, agriculturists, bonded labour, rural indebtedness and social reforms; (q) to sponsor voluntary organizations consisting of enlightened lawyers and law students and to assist such organisations to encourage them to render free legal assistance to the weaker sections of the people; (r) to sponsor legal advice clinics: (s) to undertake and encourage the conduct of research work in the field of legislation affecting weaker sections of the people; (t) to carry on such other activities as may be incidental and conducive to the objects of this Act: (u) to discharge such other functions and to perform such other duties for the purpose of carrying out the objects of this Act as the State Government may direct.

The function of the district legal aid and legal advice committee shall be- (a) to receive and investigate applications for legal aid; (b) to provide for legal advice; (c) to maintain panel of legal practitioners for giving legal aid or legal advice; (d) to decide all questions as to the grant or withdrawal of legal aid; (e) to make payment of fees to panel legal practitioners and to provide for costs of legal aid and legal advice out of the funds placed at his disposal by the Board; (f) to trace and recover costs awarded to both aided and to pursue proceedings for such persons; (g) irrespective of means test to permit legal aid or legal advice- (i) in matters of great public importance; or (ii) in a test case; or (iii) in such special cases which the district legal aid and legal advice committee considers to be deserving of legal aid and legal advice: Provided that no legal aid under this clause shall be granted save with prior approval of the Board; (h) to perform such other function as the Board may entrust.

The district legal aid and legal advice committee shall normally have the discretion to judge the sufficiency or otherwise of the material before it for the grant of legal aid or legal advice.

The tahsil legal aid and legal advice committee shall discharge such functions as may be entrusted to it by the Board.

(1) The Board shall have and maintain its own fund and all receipts of the Board shall be carried thereto and all payments by the Board shall be made therefrom. (2) The Board may accept subventions, donations and gifts from the Central or State Government or a local authority or any individual or body, whether incorporated or not, for all or any of the purposes of this Act. (3) The fund of the Board shall be applied by it for meeting all administrative expenses of the Board and for carrying out the purpose of this Act. (4) All moneys forming part of the fund of the Board shall be deposited in such manner as the State Government may by special or general order, direct. (5) The account shall be operated upon by such officer jointly or individually as may be authorised by the Board.

The fund and other assets of the Board shall be held and applied by it, subject to the provisions and for the purposes of this Act.

(1) The Board shall prepare and forward to the State Government in such manner as may be prescribed an annual report within three months from the end of the financial year giving a complete account of its activities during the previous financial year. (2) The report received by the State Government under sub-section (1) shall be laid on the table of the Madhya Pradesh Legislative Assembly as soon as may be after it is received by the State Government.

(1) The Board shall cause to be maintained proper books of accounts and such other books as the rules may require and shall prepare in accordance with the rules an annual statement of account. (2) The Board shall cause its accounts to be audited annually by such person as the State Government may direct. (3) As soon as the accounts of the Board have been audited the Board shall send a copy thereof together with a copy of the report of the auditor and the comments of the Board thereon to the State Government. (4) The Board shall comply with such directions as the State Government may think fit to issue after perusal of the report of the auditor and the comments of the Board thereon.

The Board shall also submit to the State Government such statistics, returns, particulars or statements at such time and in such form and manner as may be prescribed or as the State Government may, from time to time, direct.

No person shall be eligible for legal aid and legal advice under this Act, unless- (a) he is a landless agricultural labourer, a rural artisan, a member of Scheduled Castes, Scheduled Tribes, a member of backward classes, Women or a Child; or (b) he satisfies the following means test, that is to say.- (i) the family of which he is a member has income of Rs. 1,000 or less per month; or (ii) the family of which he is a member holds two hectares of irrigated land or four hectares of unirrigated land, or land less than that and such family has no other source of income except agriculture on such land. Provided that the Board or the Committee, as the case may be, may in suitable cases exempt any person from the provisions of this section.

Subject to the provisions of sections 33 and 37, legal advice may be given in all matters in which a question of law is involved. The legal advice shall be aimed at- (i) amicable settlement of disputes by securing co-operation of the parties to a dispute in such manner as may be prescribed; (ii) rendering assistance in the matter provided in clause (1) of section 23.

(1) Subject to the provisions of section 33 and 37, legal aid may be given in a legal proceeding if,— (a) the following conditions are satisfied, that is to say— (i) there is a prima facie case; and (ii) the claim is reasonable 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. (2) Subject to the provisions of sub-section (1), the district legal aid and legal advice committee may, either on its own motion or on the information received by it as to the need of legal aid or on an application from the person concerned under section 39 give 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 legal practitioner is not precluded.

The legal aid may be given under this Act in all or any of the following modes, namely:- (a) payment of court fees, process fees, expenses of witnesses and all 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 judgment and order in a legal proceeding; (d) preparation of appeal paper books including printing and translation of documents in a legal proceeding; (e) any other mode as may be prescribed.

No legal aid or legal advice shall be granted or given in the following:— (a) defamation; (b) malicious prosecution; (c) breach of promise of marriage; (d) inducement of one spouse to live or remain apart from the other; (e) election matter; (f) economic offences and offences against social laws such as prevention of dowry and restraining of child marriages; (g) matters incidental to any of those referred to above; (h) such other matters as may be prescribed.

(1) Any person eligible for legal advice under section 33 may, at any time, apply for legal advice to the district legal aid and legal advice committee in such form as may be prescribed. (2) The district legal aid and legal advice committee to which application is made under sub-section (1) shall, in the manner prescribed, endeavour to settle the dispute by bringing about reconciliation between the rival parties and if the reconciliatory efforts fail and failure is attributable to the non-co-operation of any one party to the dispute, the non-co-operating party even if otherwise eligible for legal aid, shall not be entitled to legal aid in any legal proceeding in connection with that dispute.

(1) Any person eligible for legal aid under section 33 may, at any stage of legal proceeding apply for legal aid to the district legal aid and legal advice committee in such form as may be prescribed: Provided that, where application has been made under section 38 for legal advice, no fresh application for legal aid shall be necessary, and the district legal aid and legal advice committee shall, subject to the provisions of sub-section (2) of that section proceed to grant legal aid, as if the application under sub-section (1) of that section were an application for grant of legal aid. (2) The district legal aid and legal advice committee, to which application is made under sub-section (1) shall, subject to the provisions of this Act, and the rules made thereunder, make an order in such form as may be prescribed sanctioning the grant of legal aid to the applicant. (3) The district legal aid and legal advice committee shall send a copy of the order granting legal aid to the aided person to the court in which legal proceeding is to be instituted or is pending for disposal.

(1) The district legal aid and legal advice committee shall every year by such date as may be prescribed prepare a list of legal practitioner practising in the district and possessing prescribed qualifications. (2) The district legal aid and legal advice committee shall submit the list so prepared alongwith its recommendations to the Board for its approval and legal practitioners as approved by the Board shall be panel legal practitioners for the purpose of entrustment of work under this Act during the currency of the list. (3) The panel legal practitioner shall perform such functions and discharge such duties in relation to legal aid and legal advice as may be prescribed. (4) The panel legal practitioner shall be entitled to such remuneration for the functions performed and duties discharged by him as may be prescribed.

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. SA1'-1AJ KE KAMJOR ... VlDHIK SAliAYATA ... ACT, s. SAMAJ KE KAMJOR ... VlDHTK SA1IAYATA ... ACT, (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 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 shall be Illled as early as practicable in the manner laid down In section 4, 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.

. SAMAJ KE KAMJOR ... VIDHIK SARAYATA ... ACT, 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 special cases 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, 596rneeung.] {H) At every meeUng of (he district legal aJd and legal advice comrnitte . the member nouunatcd under clause (v111)° of sub- section r 1) of section shall pr ..... ,, 1, . ind in his absence, the Chatnnan of th , aid commtuee shall prv .... ull• and Ln absence of both. the members present shall choose one r, 11111 among them elves to b lhe Chairman of the meeting: (lti) At every meeting; of the tah il legal aid and legal • dv:icc commit- tee. one of the members sp clfled in claus e (I) of sub- sectlcn ( l) of ecUon as may be chosen by the members present sh. ll pre Ide and In their absence. the Chalrman of lhe said cornmiuee shall preside and in the absen e of all of lhem the members present shall choose one from amon? themselves lo be the Chairman of the meeting. (4) All questions brought before a meeting of the Board or a commtttee shall be decided by a majority of the members present and voting. The presiding authority, unless Jt refrains from voting, shall give Its vote before declaring the number of votes for or against the quesuon. 21. Minutes.-(!) Minutes shall b kept of the names of the mem- bers 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 to inspecnon free of charge by any member of the Board or a committee as 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 a committee 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 not present the presiding auLhorHy shall adjourn lhe m eung lo such time on the foUowtng day or sorn future date as il may fix. The bustne s which couJd not b considered at the meeting so postponed for want of quorum shall be brought before and disposed of at the rn Ung so fixed or at. any subsequent adjourned meeting whether there is quorum present or not provtded that not less thnn thre • members are present. 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 Chairman of the Board In writing by the Chairman th Executive Chalnnan hall watch over the financial and executive ad- rninistratJon of the Board or the committee and perf orm such duU sand exercise such powers of the Board or th Committee as the Board or the Committee. as the case may --- ---- -- -- -- 111-, hy 1.P Acl No. of

1976[6-10 19761. Sub1;. by M.P. Act No. of 198615 8-1986]. I ._ ..... '

COMME TARY Activit1cs of the Board con tilut d d . .. indu<:try". Malwsh Bharncwa u f t u/na,,epr ction 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 enrclhourage them 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.h work 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 Govemmeni m?y d? of ctarrylng out the object-, of this Act as the _ tree . . AMA.1 KE KA.\JJOR ••. f/WHIK 4.HAYATt\. ACT, 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 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 pur- pose 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 of 197616 10-10761, S.24 VIDJJJK SAJJAYATA ..• ACT, Mb1,/ KE KAJ.fJOR 24. Functions of dutrict legal aJd Th funcUon of the leg J aJd and I g I andd legal advice committee.- a 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 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 general- plac d at hi disposaJ b th B an gal advice out of lhe funds recovery of co, l awarded ?o th -•odacdrd and 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 advlce- n 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 ... __. ' < ?u u mcc y entrust.

S. SAMAJ KE K.AMJOR ... VIDmK SAHAYATA ... ACT, . (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 ?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 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., 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, S. (2) The report received by U1c State Covernm nt under sub-section CI) hall be laid on the table of the Madhya Pradesh Legtslattv Assembly as soon as may be aft r It ls recerv d by the Slate Govern- ment. 31. Accounts and audit.-(1} The Board shall cause to be maln- taJned proper books of accounts and such other books as the rul may require and hall prepare in nccor:dance wtth the rules an annual statement of account. (2J The Board shall cause !ls accounts lo be audited annually by such per on as the Stale Government may direct, (3) As soon as the aecoun of the Board have been audited the Board shall send a copy thereof together wnh a copy of I he rep ,rt of the auditor and th cornmeru-, of the Board thereon lo U1.e State Government. (4) ·111e Board shall comply with such dlrecuons as U1c Slate Government may thlnk nt IIJ I!-. sue after perusal of the report oft.he auditor and th comments or I he Board th reon, 32. Other statements and returns.-The Board shall also submit to the State Government such statistics, returns, particulars or state- ments at such time and In such form and manner as may be prescribed or 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 person shall be eUglble for legal aid and legal advice under thls Act. unless- f(a) h e is a landless agricultural laboure . a nu-al artisan, a member of Scheduled Castes, Scheduled Tribes. a rnernb r of back- ward 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 3jlwo hectares 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[Provided that the B0:1Id or th Committee, as the case may be. mny in suitable cases exempt any person from the provtstons of this sccuon.] 34. Legal advice.-Subject to the provisions of sections and 37, legal advice may be given in all matters in which a quesuon of law Is involved. The legal advice shall be aimed at- I Subs. by Mp or l3L10.J0051. Subs. by Mr. Act No. of 198615-8 1986) and again by MP35 of l31.JO.!l5J. Sub . by M.P. Acl No. of !5·8· 19861. In by MP. Act No. of (5-8-19861. -------- - - .

(0 conomtc off, nces and oflenc against soctal laws such as prevention 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 legal advice under ectlon may. at any Ume, apply for legnl advice to the dtstrtct legal aid and legal advtc ? comrruu e in such form as may be prescribed. (2} The di. trtct legal aid and leg::il advice commiuee to which applicaUon Is made und r sub- ectlon ( I) shall, In the mann r presci:bed, end avour lo settle the di pule by brfn?tng about r - conclliatJon between the riv. I parties and If the reconciliatory elforts faH and failure 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 for legal 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 atd under s ctton may, at any stage of legal proceeding apply for legal aid 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 for 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 to Lhe provisions of sub-sccuon (2) of that s cuon proceed to grant legal aid, as if th appUcaUon under sub-section ( IJ of that section were an appllcaUon for ?rant of I gaJ aJd. (2) The district. legal aJd and legal advice committee. t.o which application is made under sub- ectlon (I) shall. subject to the provt ions of this Act. and the rules made thereunder. make an order in such form a may b pre. crtbed sancUontng the grant of legal aid to 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 In which legal proce ·ding i lob insututecl or IL t. pending for disposal. •1 39-AJ. (Emergency powers of the LegaJ Aid Officers and Chair· man of the Board or CommittecsJ.-( l) 3!1f in lhe opiaJon of Lh , Legal Afd Officer of the dislrict or lah.sll. as the case may be, or t n lhe opinion of th Chairman of the Board or a CornmJtreeJ any emergency ha arisen which requires Immediate ac-Uon to be taken, the <t[LegaJ Aid Officer 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 ---- SAM.A.I KE KAMJOR ... VTDHJK SARAYATA ... ACT, S.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 f unctlons 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., 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. of l98615-8·l9B6J. . , SAMAJ KE KAMJOR .. VfDHlK SAHAYATA ... ACT, Ins. by M.P. AC'l No. or 197616-10 1!)7GJ. Subs. hy M.P. Act No. of 198615·8 19861 Subs. by M.f'. Act No ol 198015 8-1986J. Subs. by M.P. Act No. of (5·8 19861.

In-.. b) l\t r Ml o. or 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 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: ((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: ----- . SA.MA.I KE KAMJOR . VID/ILK SAHAYATA ... ACT, ' AMA.I KE KA.MJOR ... VLDH!K WIAYATA ... ACT, S. 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 legal advtc 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 or the 2[Cha1rman or Vlce-Chrurman. if any], a member or Seer tary thereof 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 good f alth 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 discharge of 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 of the Indian Penal Code. (XLV of 1860). 45-B. Flnallty of declslon.-Ev ry de I Ion taken by the Board or Comm 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 f uncUonal 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. by noutlc.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:- Su ·• by I.P. Acl o. or 8•19HGI. Sub,, by M.P. Aci. !'.o. of I I, S. 45-A and B lno; by \1.P. Act !\o 26of 8-10861.

'AMAJ KE KAMJOR .. VlDf/IC SATIAYATA ... NlYAM, 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 shall oataln partlc·uJars of lhe appUcant and his legaJ prob! m with an endorsem ·nt frorn one of the following persons to lhe efJect that the applicant. altsflcs lhe cllglbtllly lest laid down 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; (gJ an Offlce bearer of an lnsUlu lion estabUshed or consututed with the objecl of welfare and uplifl of lhe members of Schedul d Castes and Scheduled Trtbes and registered under the Madhya Pradesh Society Regislrlkaran Adh!nlyam. (No. of 1973). 3. Where a person desirin? legaJ assistance or legal advice in unable Lo write an application for lhe purpose himself. a certificate from one or the person peclfJed In rule certifying the eligibility of the person concerned for legal assistance or legal advice under section and slating lh lel{al problem whPreforc legal asslstnnce or JegaJ advice r' required shall be suiflcient for giving legal assistance or legal a.dvice a lhe case mny be. by the district committee: Provided thal an oral request made by such person for giving legal assistance or legal advice may be entertained by the dlslricl commHtt:e If the di t.rtct commlllee Is saUsfl d thal ?uch person fulfills ellglblllty tesl under section 33. 4. On receipt of the appllcaUon under rule 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 legal advice, as the case may be. 5. ( lJ The panel l gal practUloner to whom lhe malter has been ntru.sted under rule shall eHc!l the nature of lhe legal assistance and 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 folloWing pur- poses, namely:- SA.MAJ KE KAAfJOR ... VIDHJC SAHAYATA ... NlYAltf, R. .... 11, r.1 P. Act No. of 197G 16· 10-19761. {II) U1e function and the duues whkh shall be performed and di charged by lhe panel of legal pracUUon T und r sub- ec- Uon (3J of secUon 40: (!U) the remuneration to which panel legal practJUoner shall be enutl d under sub- ectlon (4) of s cUon 40: 1Ho) the pro edure for provtdtng legal ald In the J Ugh Court and th 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 th Legislative A sernbly. 47. Power to make re1ulatJons.-The Board may, With the pre- vious sancuon of the State Governmenl make regulations not tncon- tstent wtth thls Act or the rules made thereunder lo provide for au matters for which provision Is required to be made under this Act by regulauon . 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. in M.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. In M.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 of the Madhya Pradesh Sarna] Ke Kamjor Vargon Ke Liye VldhJk Sahayaia Tatha Vldhlk Salah Adhlniyam, (No. of 1976), lhe State Oovernm •nL hereby 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 Kc Llye VidhJk Sahayata 1'alha Yidhik Salah AdhJnJyam, (No. of 1976): (b) "Dlstrtct Cornrruttee" means the district legal aid and legal advice 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 rank of Nalb-Tahsfldar: