State of Madhya Pradesh - Act
M.P. Samaj Ke Kamjor Vargon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Niyam, 1977
MADHYA PRADESH
India
India
M.P. Samaj Ke Kamjor Vargon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Niyam, 1977
Rule M-P-SAMAJ-KE-KAMJOR-VARGON-KE-LIYE-VIDHIK-SAHAYATA-TATHA-VIDHIK-SALAH-NIYAM-1977 of 1977
- Published on 17 March 1977
- Commenced on 17 March 1977
- [This is the version of this document from 17 March 1977.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
In these rules, unless the context otherwise requires :-2.
Application for legal assistance or legal advice under sub-section (1) of Section 38 shall contain particulars of the applicant and his legal problem with an endorsement from one of the following persons to the effect that the applicant satisfies the eligibility test laid down in Section 33, namely :-3.
Where a person desiring legal assistance or legal advice is unable to write an application for the purpose himself, a certificate from one of the persons specified in Rule 2 certifying the eligibility of the person concerned for legal assistance or legal advice under Section 33 and stating the legal problem wherefore legal assistance or legal advice is required shall be sufficient for giving legal assistance or legal advice as the case may be, by the District Committee :Provided that an oral request made by such person for giving legal assistance or legal advice may be entertained by the District Committee if the District Committee is satisfied that such person fulfills eligibility test under Section 33.4.
On receipt of the application under Rule 2 or a certificate or oral request under Rule 3, as the case may be, the matter may be entrusted to one of the panel legal practitioners for legal assistance or legal advice, as the case may be.5.
6.
An application for legal aid under sub-section (1) of Section 39 shall be made in Form III and be accompanied by a certificate in Form II in support of eligibility of the applicant under Section 33.7.
An application received under Rule 6 shall be entered in the register in Form I.8.
9.
The order sanctioning the grant of legal aid shall be in Form IV.10.
11.
Functions and duties of a Panel Legal Practitioner shall be :-12.
[(1) A Panel of Legal Practitioner shall be entitled to remuneration for the legal work done, functions performed and duties discharged by him in connection with legal aid proceeding at the following rates, namely :-] [Substituted by Notification No. F-17 (E)-75-92-21-B (II), dated 8-12-1993.]| (a) In the Court of any Magistrate- | |||
| (i) | In a criminal case | Rs. 200/- (Rupees Two hundred) per case | |
| (ii) | for a bail application where no charge-sheethas been filed | Rs. 50/- (Rupees fifty) only. | |
| (b) Before a Court of Sessions- | |||
| (i) | in any other criminal case other than a case falling underSection 304 of the Code of Criminal Procedure, 1973 (No. 2 of1974). | Rs. 300/- (Rupees Three hundred) per case | |
| (ii) | for a bail application otherwise than in a pending sessionscase. | Rs. 50/- (Rupees fifty) only. | |
| (c) In a civil case | At the rates of fees admissible to Advocates or Pleaders, asthe case may be, as per rules made by the High Court of MadhyaPradesh in that behalf. | ||
| (d) In a revenue case before any Revenue Court, otherthanBoard of Revenue. | Rs. 200/- (Rupees Two hundred) per case | ||
| (e) In any case before Board of Revenue Madhya Pradesh | Rs. 300/- (Rupees Three hundred) per case | ||
| (f) In any case before the High Court other than oneprovidedin item (c). | Rs. 500/- (Rupees five hundred) per case.] |
13.
14.
A supplementary budget, if any, under sub-section (3) of Section 29 in any financial year shall be prepared by the Board in Form V and shall be submitted to the State Government by the 15th December in that year.15.
All money transactions to which an office bearer member, officer or servant of the Board in his official capacity is a party shall without any reservation be brought to account without delay and all sums realised by or on behalf of the Board shall be paid into the Bank to be credited to the fund of the Board.Note :- Receipts of interest earned in deposit in the Bank shall be shown in the cash book as items of receipts.16.
Money pertaining to the fund of the Board, with the exceptions of authorised advances, shall not be kept apart from the general balance at the credit of the Board but shall at once be credited to the appropriate head of account.17.
The Board may, for administrative convenience, maintain such registers as may be auxiliary to the account books to be maintained in accordance with these rules.18.
The Accounts shall be maintained separately for each year.19.
Heads of Account to be used in all accounts of the Board shall be as specified below :-List of Major, Minor and Detailed HeadsHead of RevenueA. Subventions.B. Donations.20.
A receipt shall be issued in Form VI for money received.21.
A cash book shall be maintained in Form VII.22.
All receipts and expenditure shall be entered in the cash book every day. The cash book shall be balanced at the close of every day, the balance being stated both in words and figures and signed by the Secretary. At the end of each month, the balance in the cash book and the Bank pass book plus the cash in hand in the office of the Board shall be proved.23.
A salary bill shall be in Form VII. The bill shall be signed by the Secretary of the District Committee.24.
Every employee of the Board shall give a receipt with date in the appropriate column of the form for the sum paid to him and shall in case of sum exceeding twenty rupees affix a receipt stamp before signing. The cost of such receipt stamp must be borne by the person who received the money and not by the Board.25.
A monthly account and a quarterly abstract of the receipts and expenditure shall be drawn up in Forms IX and X respectively.26.
27. [ [Added by Notification No. 17 (e)-326-78-XXI-B, dated 25-7-1979.]
The annual report under sub-section (1) of Section 30 shall be prepared by the Secretary of the Board under the directions of the Chairman laid before the Board.28.
The annual report shall, in general, contain a complete account of the activities of the Board during the previous financial year and in particular give information in regard to the following matters :-29.
After the annual report is approved by the Board the same shall be forwarded to the State Government before the expiry of the period specified under sub-section (1) of Section 30.]Form I(See Rule 7)Register under Rule 7 of the Rules under the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Adhiniyam, 1976| Serial No. | Name and address of applicant | Name and address of opposite party | Nature of case : Civil/Criminal/Revenue |
| (1) | (2) | (3) | (4) |
| Facts in Brief | Order of District Committee regarding LegalAdvice, Legal Aid given | Name of Panel Legal Practitioner to whom matterentrusted | Result of proceeding | Remarks |
| (5) | (6) | (7) | (8) | (9) |
1. (a) Name of the applicant
2. (a) Whether applicant had earlier sought legal advice from District Legal Aid and Legal Advice Committee.
3. Mode of Legal aid required-
4. Name and address of the parties to the dispute...........................
5. Facts of the case in brief...........................................
6. Stage of legal proceeding............................................
7. Place....................
8. Date........................
Signature/thumb impressionof the applicantForm IV(See Rule 9)Office of the District Legal Aid and Legal Advice CommitteeOrder under Section 39 of Madhya Pradesh Samaj Ke Kamjor Vargon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Adhiniyam, 1976.The District Legal Aid and Legal Advice Committee....................... has sanctioned the grant of legal aid to Shri...................s/o.................v. r/o......................in the following mdoes, namely :-| Head of Expenditure | SanctionedGrant | Actual Expenditure incurred upto ........ | Estimated Expenditure for the remaining period ofthe year |
| (1) | (2) | (3) | (4) |
| Total of Columns (3) and (4) | Supplementary grant required Column (5) Column(2) | Reasons and full justification for thesupplementary grant with facts and figures |
| (5) | (6) | (7) |
| Receipts | ||||
| Date | No. of Receipts where necessary | Particulars | Subventions | Donations |
| (1) | (2) | (3) | (4) | (5) |
| Gifts | Reimbursement byAided Persons | Total | Remarks |
| (6) | (7) | (8) | (9) |
| Payments | |||
| Date | Sub-vouchersnumbers | Particulars | GeneralAdministration |
| (1) | (2) | (3) | (4) |
| Legal Aid and LegalAdvice | Miscellaneous | Total | Remarks |
| (5) | (6) | (7) | (8) |
| S.No. | Name ofIncumbent | Pay | Allowances | Total of Columns(3) and (4) | Destructions |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Recoveries | Total of Columns(6) and (7) | Net payableColumns (5) and (8) | Remarks | Signatureof payee |
| (7) | (8) | (9) | (10) | (11) |
| Head of Receipt | Total of currentmonth | Total to the endof last month | Total from lastApril to date |
| (1) | (2) | (3) | (4) |
| Sanctioned budgetestimate | Head of expenditure | Total for currentmonth |
| (5) | (6) | (7) |
| Total to the end oflast month | Total from last Aprilto date | Sanctioned budgetgrant |
| (8) | (9) | (10) |
| Total Receipt | Total Expenditure |
| Opening balance | Opening balance |
| Grand Total | Grand Total |
| .................................. | |
| Secretary | |
| Madhya Pradesh Legal Aidand Advice Board |
| Head of Receipt as sanctioned in the budget | Budget estimate | Actualsreceived | Actuals of lastquarters |
| (1) | (2) | (3) | (4) |
| Total of Columns (3) and (4) | Remarks | Head of expenditure as sanctioned in thebudget | Budget estimate |
| (5) | (6) | (7) | (8) |
| Actual expenditure during the quarter | Actuals of last quarters | Total of Columns (9) and (10) | Remarks |
| (9) | (10) | (11) | (12) |
| Head of Receipt | Opening | Estimate | Actuals | Difference between Actuals and Estimate |
| (1) | (2) | (3) | (4) | (5) |
| Head of expenditure | Closing balance | Estimate | Actuals | Difference between actuals and estimate |
| (6) | (7) | (8) | (9) | (10) |