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State of Madhya Pradesh - Section

Section 8 in M.P. Samaj Ke Kamjor Vargon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Niyam, 1977

8.

(1)If the application under Rule 6 is not accompanied by a certificate in Form II, the District Committee shall cause such investigation to be made as it may consider necessary to ascertain the eligibility of the applicant under Section 33.
(2)The District Committee on being satisfied that the applicant is eligible for legal aid in accordance with Section 33 and is not a non-co-operating party within the meaning of sub-section (2) of Section 38 shall refer the matter to one of the Panel Legal Practitioners to ascertain :-
(i)whether there is a prima facie case; and
(ii)whether the claim is reasonable and for want of legal aid, the claimant is likely to suffer in securing his legal right;
(iii)whether the applicant is eligible for defence at the expense of the State under sub-section (1) of Section 304 of the Code of Criminal Procedure, 1973 (No. 2 of 1974).
(3)The District Committee shall cause a report to be prepared which shall contain information on the following points, namely :-
(i)whether the applicant fulfills the requirements of eligibility laid down in Section 33 and the category under which he falls;
(ii)whether the applicant had applied for legal advice and if so, whether he had acted according to legal advice;
(iii)whether during the course of the legal advice the applicant cooperated with District Committee in its re-conciliatory effort and that the failure was not attributable to him.
(4)The report prepared under sub-rule (3) shall, along with other documents produced by the applicant and the findings of the Panel Legal Practitioner be placed before the District Committee for decision.