Section 8 in Orissa State Bar Council Legal Aid Rules, 1986
8.
(1)Legal Aid may be given to a person applying for Legal Aid in the form and manner prescribed for the purpose of asserting denying or disputing a claim or a charge a right to any movable or immovable property or for instituting or defending a suit, Legal proceedings, Civil or Criminal or any appeal or revision arising therefrom or from any interlocutory orders in such cases, within the jurisdiction of the State Bar Council, and whose financial means and position is, in the opinion of a Legal Aid Committee or the Subcommittee thereof absolutely in sufficient to defray the expenses of the litigation or part thereof to meet, bear and pay the costs of engaging an Advocate, Solicitor, Pleader, or legal practitioner as the case may be. He must state in his applications that he has not applied to or obtained from any other Legal Aid Committee or any other Authority. Legal Aid in respect of the same cause of action. He shall also state in his application as to whether he applied previously and whether such applications was refused by any such Committee or Authority.(2)An application for Legal Aid may be refused if the applicant or his or her spouse or children has or have approximate annual income, exceeding Rs. 6,000/- per annum and if it appears to the appropriate Legal Aid Committee to the Sub-Committee thereof that the applicant concerned can afford to proceed without Legal Aid and if it appears to such Committee or Sub-Committee that having regard to the circumstances of the cases it is not a fit and proper case for Legal Aid or it is, in its opinion unreasonable to render Legal Aid.(3)An applicant may also be refused Legal Aid unless in the opinion of the Legal Committee or appropriate sub-Committee thereof he or she has a prima facie case in his/her favour and has reasonable grounds for instituting prosecuting or defending or being a party to a suit Legal Proceeding, Civil or Criminal, establishing or defending his Constitutional and/or fundamental rights, appeal or revision arising therefrom.(4)An applicant may also be refused Legal Aid unless he gives an undertaking to the effect that he will take all necessary and reasonable steps in time in connection with the proceeding for which legal aid in his favour is to be granted and that on successful completion of the litigation in his favour he will reimburse the legal aid committee concerned of all the expenses incurred in his favour.(5)Legal Aid sanctioned may be subsequently withdrawn if these are adequate reasons for so after giving the recipient adequate opportunity of hearing in the matter.
