Section 5 in The M.P. Scheduled Castes (Legal Aid) Rules, 1963
5. Procedure for granting legal aid.
(1)Any person entitled to legal aid may apply orally or in writing to the Collector or the Court concerned for such aid. The applicant if he applies in writing shall State in his application, the matter in respect of, and the form in which, legal aid is required by him. Such application shall ordinarily be accompanied by a certificate in Form A appended to these rules issued by a member of the Parliament or a member of the State Legislative Assembly or of a Gazetted Officer of the State Government. The Court may entertain such application at any time during the pendency of the proceedings.(2)Where an application is made to the Court, the Court shall forward the same to the Collector or, if made in writing or the substance of the same recorded by it, if made orally, together with the certificate, if any, filed therewith.(3)The Collector, to whom the application is made under sub-rule (1) or has been forwarded under sub-rule (2) shall, after making such summary enquiry as he deems fit, make an order sanctioning grant of the legal aid to the applicant, if he is satisfied that the applicant is entitled to such legal aid under these rules :Provided that if a certificate in Form A is produced, no enquiry shall be necessary as regards applicant's financial condition.(4)The Collector shall specify in the order the forms of the aid granted and the conditions, if any, as to the share of the costs and expenses of the legal proceedings, which the applicant should, regard being had to the attachable property other than the subject matter of the dispute held by him, be required to defray.(5)Notwithstanding anything contained in this rule, persons who are allowed to sue or appeal in forma pauperis, may be given legal aid without the production of any certificate except in such cases where the Court considers the suit or appeal to be frivolous or vexatious.
