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State of Madhya Pradesh - Section

Section 5 in M.P. Samaj Ke Kamjor Vargon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Niyam, 1977

5.

(1)The Panel Legal Practitioner to whom the matter has been entrusted under Rule 4 shall elicit the nature of the legal assistance and legal advice required in the matter and thereafter proceed to arrange for the required legal assistance or legal advice or both, as the case may be, in the manner hereinafter provided.
(2)If the nature of the problem is such that it requires-
(i)an application on plain paper to be written;
(ii)a form of application to be filled in;
(iii)a reply to be given to a notice for repayment of loan;
(iv)an affidavit to be filled in;
(v)a document to be prepared;
(vi)a surety bond to be prepared for any of the following purposes, namely
(a)loans from Government, Credit Co-operative Societies, Banks;
(b)taccavi;
(c)fertilisers;
(d)pumps;
(e)electricity connection;
(f)discharge of loan from private money lender;
(g)return of pledged articles;
(h)professional licence;
(i)scholarship;
the Panel Legal Practitioner shall explain to the person concerned wherefrom the required form of application or affidavit should be obtained and assist him to write an application, fill up the form of application, prepare a reply to the notice or prepare affidavit or document, or surety bond, as the case may be.
(3)If the nature of the problem is such that the person concerned requires legal advice on matters of:-
(i)boundary dispute of land;
(ii)forcible dispossession of land;
(iii)Nistar rights;
(iv)private money lending;
(v)trespass including cattle trespass;
(vi)partition disputes;
(vii)adoption;
(viii)rights arising out of accidental death;
(ix)payment of wages;
(x)eviction;
(xi)social exploitation;
(xii)mutation disputes;
(xiii)rights of women;
(xiv)child marriage;
(xv)dowry; or
(xvi)kidnaping,
the Panel Legal Practitioner shall give necessary advice to the person concerned.
(4)The Panel Legal Practitioner shall make an endorsement on the application on plain paper or in a prescribed form, affidavit, document or surety bond, as the case may be, written, filled in or prepared by him to the effect that necessary enquiries have been made from the sources concerned and that the applicant is entitled to the benefit or relief sought for or possesses the right claimed, as the case may be, and he shall also put his signature and affix the seal of the committee.
(5)If, during the process of the work being done by the Panel Legal Practitioner, under sub-rules (1), (2), (3) and (4) or otherwise, he finds that it is a case wherein any question of law is involved, he shall examine whether there is a prima facie case in favour of the applicant or not.
(6)For examination of the question as required by sub-rule (5), the Panel Legal Practitioner shall collect such information as may be necessary from the applicant or otherwise.
(7)If after proper scrutiny of the facts as narrated by the applicant or gathered by the Panel Legal Practitioner otherwise, the Panel Legal Practitioner finds that there is :-
(i)no prima facie case in favour of the applicant, he shall explain the position to the applicant;
(ii)a prima facie case in favour of the applicant, he shall endeavour to settle the dispute by bringing about reconciliation between the rival parties.
(8)In order to settle the dispute under clause (ii) of sub-rule (7), the Panel Legal Practitioner may, bring the rival parties to the dispute together at a time and place convenient to both.
(9)If, as a result of such endeavour settlement takes place the Panel Legal Practitioner shall, if found necessary prepare necessary document for execution by the parties.