Section 39 in The M.P. Samaj Ke Kamjor Vargon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Adhiniyam, 1976
39. Application of legal aid.
(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 Committees 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 giving legal aid to the aided person to the Court in which legal proceeding is to be instituted or it is pending for disposal.[39A [Emergency powers of the Legal Aid Officers and Chairman of the Board or Committees] [Inserted by M P. Act No. 51 of 1976.].(1)[If in the opinion of the Legal Aid Officer of the district or tahsil, as the case may be, or in the opinion of the Chairman of the Board or a Committee] [Substituted by M.P. Act No. 26 of 1986.] any emergency has arisen which requires immediate action to be taken, the [Legal Aid Officer of the district or tahsil, as the case may be, or the Chairman] [Substituted by M.P. Act No. 26 of 1986.] shall take such action as he deems necessary in anticipation of the approval of the Board or the Committee and shall at the earliest opportunity thereafter report his action to the Board or the Committee, as the case may be.](2)[] [Substituted by M.P. Act No. 26 of 1986.] On receipt of a report under sub-section (1) if the Board or the Committee, as the case may be, does not approve of the action taken by Legal Aid Officer of the district or tahsil, as the case may be, or the Chairman it shall refer the matter-(i)in case of action taken by the Chairman of the Board, to the State Government;(ii)in case of action taken by the Chairman of the District Legal Aid and Legal Advice Committee, to the Board;(iii)in case of action taken by the Chairman of the Tahsil Legal Aid and Legal Advice Committee, to the District Legal Aid and Legal Advice Committee;(iv)in case of action taken by the Chairman of the Gram Legal Aid and Legal Advice Committee, to the Tahsil Legal Aid and Legal Advice Committee;(v)in case of action taken by Legal Aid Officer of a District or Tahsil to the Secretary of the Board for placing the matter before the Board;whose decision thereon shall be final.
