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State of Rajasthan - Section

Section 10 in The Rajasthan Legal Aid Rules, 1984

10. Application for Legal Aid.

(1)Every application for the grant of legal aid by an eligible person shall be presented in writing, as far as practicable, to the committee or the court or tribunal concerned and shall as far as practicable, contain particulars specified in Schedule A appended to these rules and also be accompanied by a certificate from a responsible person certifying that the applicant is an eligible person entitled to legal aid under these rules.Explanation I. - The expression "responsible person" in relation to a bonafide tribal resident or poor tribal as is referred to in fifth proviso to clause (b) of rule 2 shall mean Sarpanch, Head Master, Vikas Ad-hikari, Tehsildar, Member of Parliament, Member of Rajasthan Legislative Assembly, Zila Pramukh, Pradhan of Panchayat Samiti in which such tribal ordinarily resides or works for gain; andExplanation II. - The expression "responsible person" in relation to other eligible person shall mean the Block Development Officer, the Tehsildar, Member of Parliament, Member of the Rajasthan Legislative Assembly, the Sarpanch of a Gram Panchayat, the Pradhan of Panchayat Samiti, Zila Pramukh of the Zila Parishad, the Chairman or Administrator of a Municipal Corporation, Municipal Council or a Municipality or the Head Master of a School, within the area of which such other eligible person ordinarily resides or works for gain.
(2)Application forms referred to in sub-rule (1) shall be made available by the concerned Legal Aid Committee free of cost to any person desiring to seek legal aid.
(3)Where an application for the grant of legal aid had been made to a court or tribunal, the presiding officer of the court or the Chairman of the Tribunal, as the case may be, shall forward the application to the Chairman of the concerned legal aid committee.
(4)Where the concerned Legal Aid Committee is satisfied that the applicant for the grant of legal aid is, due to sufficient reasons, not able to obtain a certificate from a responsible person as is required by sub-rule (1), it may, in lieu of such a certificate, obtain a declaration from the applicant to the effect that he is an eligible person for grant of legal aid. The decision of the concerned committee with regard to the eligibility of a person to the grant of legal aid shall be final.