The Madhya Pradesh Samaj Ke Kamjor Vargon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Adhiniyam, 1976

THE
MADHYA
PRADE
II
AMAJ
KE
KAMJOR
VAR­
GON
KE
LIYE
VIDIIlK
ABAYATA
TATHA
VIDHIK
ALAH
ADHINIYAM,
1976
ONTENT
CHAPTER
I-Preliminary
I.
Shorl
UU
.
extent
and
comm
nccmenl.
2.
Definitions.
585
SAMA.I
KE
KAMJOR
...
VTDlllK
SAHAYA1'A
...
ACT,
1976
11.
OlsquallficaUons
for
m
mbershlp
etc.
12.
Resignal
Ion
nd
acceptanc
.
13.
Fllllng
of
vacancies.
14.
Validity
of
proce
ding
.
15.
Salary
of
Exe
uuve
Che
lnnan
and
Secretary
of
Board
or
Committee.
16.
Officen,
and
servants
of
Board.
17.
Re
ruttmenl
and
condiUon
of
service
of
officers
and
servants.
18.
Allowances
lo
m
mbcrs
of
Board
etc.
CHAPTER
ill
Conduct
of
Busin ss
of
Board
and
Committee.
19.
Procedure
al meeting.
20.
Meeting
of
Board
tc.
21.
Minutes.
22.
Quorum.
22-A.
Functions
of the
Seer
ta.ry
of
the
Board
and
committee.
CHAPTER
IV-Function
of
Board
and
Committee
23.
Function
of
Board.
24.
Function
of
district
legal
aid
and
legal
advice
commllle
.
25.
Dlstrict
legal
aid
and
legal
advice
committee
to
have
di
crellon.
26.
Function
of
tahsll
legal
aid
and
1
gal
advice
commtltee.
26
A.
Function
of
Gram le?:ll
.tl<l
and
legal
c
dvtce
committee.
CHAPTER
V-Fund
ofth
Board
27.
ConsutuUon
of
fund
of
Board.
28.
Application
of
Fund.
·29.
Budget.
30.
Annual
r
port.
31.
Account
and
audit.
32.
0th
r
statem
nl
and
returns.
CHAPTER
vt-Lcgal
Aid
and Legal
Advice
33.
Person
eliglbl
for
legal
ald
or
legal
advice.
34.
Legal
advtc
.
35.
Legal
atd.
36.
Mode
oflegal
aid.
37.
Bar
of
legal
aid
or legal
advice.
38.
Application
for
l
gal
advice.
39.
Application
of
legal
aid.
39-A.
Em
·rgency
pow
rs
of the
Legal
Aid
Offic
rs
and
Chairman
of
the
Board
or
Cocnmlltees.
40.
Prov!
stons
of
l
gal
pracutton
r
to
aid
d
person.
41.
AJded
person
to
reimburse
the
expert
es
on legal
aid
and
le?al
advice.
Out
put
of
each
crop
Net
income
Crop
net
income
6
Crop
Out
put
3
HAYATA
..
ACT,
1976
ed
wnh
you
during
th
agrtcul-
rrntn
lhc
net
lncom
accrued
to
hr
h
reby
directed
lo
funil
h
the
.................
narnely.-
2
5
Crop
expenditure
Expendin1re
on
agricul­
turn.l
operations
Kind
of
crop
sown
and
o.r
a
under
which
ench
crop
was
sown.
Crop
Area
,.
Crop
Cot
4
CHAPTERll
Estnbli
hm
nt
nod
Con
tit.ution
of
Board
and
onstitution
of
ommittec
3.
E-
tabllshment
of
Board.
4.
Constltullon
of
Board.
5.
Legal
aid
and
le?al
advic
committee:
al
dist
rlct.
LahsU
and
Gram
level
to
a
slst
the
Board.
6.
Constilutlon
of
district
legal
aid
.._
nd
legal
advtc
eornmlt-
te
•.
7.
Constitution
of
tnhstl
legal
aid
and
legal
advice
committee.
8.
Executive
eomrnluee
of
the
Board.
9.
Functional
commlUe
.
10.
Member
lo
hold
office
during
the
plea
sure
of nominating
or
appointing
authority.
Cost
of
out-put
Agricul·
tural
y
ar
And
where,
.
the
I
tural
ye?
.
Now.
therefor
,
you
durtng
the
said
following
tnformaUon
on
or
58.t

5
7
Subs
by
M.P.
Act
No.
51
of
197616-10·19761
SAMAJ
KE
KAMJOR
...
V1DH1K
SAHAYATA
...
ACT,
1976
-----
In
accordance
wtth
the
provision
of lhls
Act:
(bl
·ao
rd" m
an
tne Madhya
Pradesh
Legat
1\1d
and
Legal
Advice
Board
Con
tltul
d
und
r
·
cUon
3:
•
le)
·commltlee·
means
the
dlstrtct
legal
aid
and legal
advice
com­
miuee
or
the
1{lahsll legal
aid
and
legal
advt
e
commlltee
or
the
Cram
legal
ald
and
legal
advice
comrntllee]
as
the
cas
may
be:
(d]
·family"
lncludes:-
(1)
the
wtf
or
husband,
as
the
cas
may
be.
of
a
person
whether
r?ldlng
with
that
p
rson
or
not
but
do s
not
Include
a
wife
or
husbr
nd,
as
the
ca
e
may
be.
separated
from
that
person
by
a
decree
or
ord
r
of
a
competent
court:
(li)
son
or
daughter
or
step-
on
or
slep-doughler
of
a
per:
on
and
wholly
depend
nt
on
hlm.
but
doe
nol
tnclude
a
child
or
step-
child
of
whose
cu
tody
that
person
ha
been
d
pnved
of
by
or
under
any
law
for
the
tlme
being
in
force;
(Ill)
any
other
person
related
whether by
blood
or
marnage
to
a
person
or
to
that person's
wtf
or
hu5band
as
the
case
may
be
and wholly
depend
nt
on
lhal
person:
{el
·landless
agricultural
labourer·
mean
a
person
who
do
nol
hold
any
"1,?;ncullural
land
and
who
prtncipaJ
m
ans
of
livelihood
ts
manual
labour
on
agrtcultural
land:
(0
·teg?
I
advice·
lnclude
advice
?\ven
and
"
sl
Lance
rendered
In
accordance
wtlh
lh
provts
Ions
of
this
Act
for
avoid,
nee
of
vexatious
and
unnece
sary
uugauon
ln
any
form:
(g}
·1egal
°'
Id" mean
th
legal
aid
pectf]
d
in
section
36:
(h)
·1
gal
pracUUoner·
shall
have
the
meaning
?
signed
to
that
expre
Ion
in
the
Advocal
Act.
1961
(25
of
L961):
(I)
·tegal
proccedlnrf
m
ans
clVll.
criminal
or
r
1enue
action
frorn
lts
!nccplion
to
Its
final
disposal
in
a
court
of
law
and
Includes
pr
paratol)'
tep
for
institution
of
such
acllon:
01
·rur.
I
artisan·
menn
a
person
who
does
not
hold
any
ogrtcul-
tural
land
and-
(i)
whose
principal
m
an
of
livelihood
Is
production
or repair
of
LradlUonal
tools.
Implements
and
other?
rUcle
·
or
lhlngs
u
·
d
for
agrt
ultur
or
purpo
es
ancillary
thereto
In
rural
area;
or
llll
who
normally
earn
hi
Uv
llhood
by
pracliclng
a
craft
either
by
hl
own
labour
or
by
the
labour
of
lh
member
of
hLs
family
in
rural
area:
(k)
·Scheduled
Cru.te·
means
a
member
of
any
caste.
rac
or
tribe
or parl
of
or
group
wilhln
a
cast
,
race
or
trtbc
specified
as
Sch
dule
Caste
wilh
re
peel
to
U1e
late
of
Madhya
Pradesh
under
article
34
I
of
lhe
ConstiluUon
of
India:
S.2
S.1
SAM.AJ
KE
KAMJOR
?·
VIDIIIK
SAHAYATA
...
ACT,
1976
rz.
Legal
pracl!Uoner
not
lo
receive
any
f
e
from
the party.
CH.APTER
vu-su
c
Uan
ous
43.
ProlecUon
of
action
taken
tn
good
ra1U1.
44.
AppUcaUon
of
olh
r
laws
not
barred.
45.
Power
of
Slat
Go\'
•mmenl
to
g1\'e
direcUons.
45-A.
Member
of
the
Board
and
commlll
e
and
office
•
nd
servants
of
the
Board
to
be
public
crvants.
\5-8.
Flnallly
of
decision.
46.
Power
to
make
rul
.
4
7.
Power
to
make
regul
..
uons.
THE
MADHYA
PRADE
H
AM.AJ
KE
KAMJOR
VAR
,ON
KE
LIYEVTDRIK
ARAYATATATRA
VIDUIK
ALAJl
ADillNIYAM,
1976
(M.P.
Act
No.
26
of
1976)
[R,
oeiucd
the
assent
of
the
eouemor
on
the
22r1d
April,
1976.
assent
ji.rst
published.
in
the
·Madhya
Pradesl1
eazeue·
(Extraordinary),
dared
the
22nd
April
1976.J
As
am
nded
sub
equenUy
by
the
followtn?:-
1.
M.P.
Act
o.
51
of
1976:
2.
M.P.
Act
o.
26
of
19
6:
3.
M.P.
Acl
o.
8
of
1990:
4.
M.P.
Acl
o.
16
of
1991.
5.
M.P.
Acl
No.
35
of
1995
l3
l.10.19
5\.
An
Act
to
provide
judidal
in
the
Jonn
of
legal
aid
and
legal
advice
to
the
weaker
sections
of
th
people
wU.h
a
vteu,
to
bnnglng
the
S!JS{em
of
;ustice
within
their
reach
and
tll
•reby
making
th
•
l
:gal
proces
a
surer
means
to
social
and
economlcJu.:,Hce
and
for
matter:
ancillary
thereto.
Be
ll
enacted
by
lhe
Madhya
Pradesh
Legislature
In
the
Twenty
s
?enlh
Year
of
lhe
Republic
of
India
•
c;
follows:
GHAP'l'ER
1-Preliminiuy
1.
Short
title.
extent
and
commencement.-(1)
Thl?
Act
may
be
called
the
adhya
Prod
•sh samaj
K
K3mjor
Vargon
Ke
Llye
Vldhlk
Sahayala
Talha
Vldhlk
Salah
Adhlnly,
m.
1976.
(2}
lt
extends
to
whol
of
Madhya
Pradesh.
(3)
ll
hall
com
tnto
force
on
such
dale
as
the
Slate
Government
may
by
notification,
appoln
and
dlJJercnl
dates
may
be
appointed
for
different
areas.
2.
Oefinltlons.-ln
U1ls
Act.
unle
s
Lhc
conle..xl
otherwise
r>-
qulr
s.-
(a)
·aid
d
person·
means
a
per
on
lo
whom-
(1)
I
g<J
l
aid
Is
provided:
or
(II)
l
gal
advice
Is
gtv
n;
5
6
...
i

.
(l)
·Scheduled
Trtbe.
m
an
a
member
of
any
trtbc,
tribal
com-
munity
or
part
of
or
group
wilhln
a
tribe
or
trtb
I community
specified
as
such
with
resp
ct
to
the
Stale
of
Madhya
Prade
h
under
Article
342
of
the
Con
utuuon
of
India.
CHAPTER
11
E
tabli
h.mcnt
and
Con
titution
of
Board
and
Constitution
of
Committ
e
3.
Establishment
of
Board.-{))
With
efTecl
from
uch
date
as
th
State
Government
may.
by
nollficallon
appoint
there
shall
be
e
lab­
ll
hed
for
the
purpose
of
this
Act,
a
Board
to
be
called
the
Madhya
Prad
h
Legal
Aid
artd
Legal
Advtce
Bo.
rd.
(21
The
Board
shall
be a
body
eorpcrate
by
the
narn
afore
aid.
havtng
perpetual
succession
and
•
common
eal,
with
power
to ac­
quire,
hold.
nd
dispose
of
property.
both
movable
and
lmrnovabl
.
and
o
contract.
and
shall
by
the
sr
id
name
sue
and
be
ued.
(3)
The
head
office
of
th
Board
shall
be
al
Bhopal
and
the
Board
may.
with
the
prev1ou
approval
or
the
State
Government.
c
t.1bU
h
office
at
such
other
place'
as
lt
may
d
em
Ilt,
589
SAMAJ
KE
KAMJOR
...
VJDHTK
SAJIAYATA
..
ACT,
1976
l
Sul
.byMP.At:LNo.5lofl!l7Gl>•l0-19761.
2
Ins
lw
M.P
Act
No.
51
of
l
!)7t, lG•
H)-19701.
3
Suh,
hy
M
P. Mt
No.
8
of
J
9'.)()
121,4-19901
4
In
...
Ly
1.P.
A
t
No.
26
or
H'I?
15-8-19861,
5
5ub-st-cUon
(3
Al
(3·B1.
Ins.
hy
M.l'.
Act
No.
2G
or
19
15·
8·198
).
B.
Members
nominated
by
th
·wte
GovPmm
nt
(ix)
two
member
or
Parllam(·nl
r;
pr
nunp;
the
Stale:
(x)
thre
member
or the
Sl,1Le
Lcgl
lauv
As·
mbly
nominated
In
eonsultauon
with
the
Speaker:
(xi)
three
rcpr
entaUvc
of
Hl?h
Court
Bar
A
soctatton
one
iach
from
.Jabalpur.
Indore
and
Gwalior:
(xii)
lhree
prominent
socu
l
workers
in
the
Slate;
(xiU)
1tfourl
repr
sentatlv
:..
of
voluntary
leW'
I
aid
org.nlsalions:
(xiv)
one
eminent
l
gal
aid
ex-pert:
(xv}
two
member
of
the
dlstrlct
legal
aid
and
le
al
advtc
com-
mill
cs:
(xvi)
one
worn
n
repre
•nting
social
organ!
anons:
(xvti)
one
representative
et
ch
of
the
Scheduled
Cast
s
and
ch
dulcd
Tribes;
(xviii)
one
representative
each
of.
organJ
ed
and
unorgaru
ed
labour:
(xtx)
one
Prof
sor
In
the
faculty
of
law
from a
Univ
rstty:
.
(xx)
on
law
tud
nl
from
Univcrsllt
ln
lhe
Slate;
2[(xxi)
two
other
persons
not
covered
by
any
of
the
afar
aid
clause
as
the
State
Government
may
think
fit
to
nominate
for
th
•
purpo
of
cfficl
•nl
discharge
or
functions
lmpo
d
on
lh
Board
und
·r
this
Acl.)
3[(2}
The
st?1te
Gm·emment
shall
appoint
a
S!Crelary
lo
the
Board
from
amongst
lhe
members
of
th
Madhya
Prad
sh
Higher
Judicial
Service,
who
sh.
1l
be
a
member ecrctary
thereof.)
41(2
A)
111e
Executive
Chairman
shall
be
appointed
by
lhe
State
Government.)
(3)
Toe
Chief
Ju?ttce
of
the
111$
ourt
of
Madhya
Prade
h
shall
be
the
Chi
f
Putron
or
lhe
Board
ond
the
Minister
having
lhe
charge
of
Law.
Mndhya
Prnde
'h,
shnll
be
the
haJrman
thereof.
51(3-A) Ul
If ther
Is
a
Stale
Mlnlsl
·r
for Law,
h
shall
be
the
Vicc-ChaJ.rman
of
the
Board.
(ll)
In
the ev
nt
of occurr
nee
of
any
va
ancy
in
lhe
office
or
th
Chalnnan
of
the
Board
by
reason
of
his
death.
re
tgnallon
or
removal
or
otherw1
•.
the
Vlce-Chalnnan
sh.,
ll
act
a.s
Chairman
until
Lhe
date
on
which
th
Minister
In
charg
or
Law
l'
appointed.
(ill)
Wh
n
the
Chalrman
of
th
Boa.rd
ls
unable
to
dl
harge
his
fun
lions
ownln?
to
ab!,,encc.
U1n
or
any
other
cause
the
Vice­
Chahm
..
n
of
Lh
Board
hall
dlsch
.. rge
his
function
until
the
date
on
.4
.3
co:MMENTARY
AMAJ
KE
KAMJOR
...
VTDl/lK
SAHAYATA
••.
ACT.
1976
l
(1-n)
&
(I-bl
In-..
by
M
P.
Act
No,
lb
oC
\!}86.
2
(H:)
lns.
by
M
P
Act
No.
16
or
I
!l'll
--
-
4.
Constitution
oI
Board.-())
The
Soard
h.JI
conslsl
or
the
following
members.
narnely:-
A-Ex-officio
m
mbers
(I)
Mlnl
ter havln?
the
charge
of
l.
w.
Madhy?
Pradesh:
11(1-a)
Slate
Minister
for
Law.
lf
any;
(1-b)
Executive
Chairman:]
21(1-c) Honorary
Deputy
Chairman):
(ti)
Advoc
..
le
Gen
ral,
Madhya
Pradesh:
(llll
cretary
Lo
Covemmenl
of
fadhy,,
Prade
h L.: w,
nd
Legis·
lative
Affair'>
Dcpartm
nt:
(Iv}
Secretary
lo
l
he
GoYemmenl
or
M,1<lhya
Pradesh.
Finance
Depart.awn
I:
(v)
The
Rc?i
1rar.
Hl?h
Court
ol
1adhya
Pr
..
de
h:
(vt)
Chairman.
Madhya
Prnde
h
State
Uar
Council:
(v11)
Director.
liartjan
and
Tribal
Welfare,
M
..
dhya
Prad
sh;
(vill)
Labour
Commls
loner.
Madhya
Pradesh;
Activiti
of
the
Bo
rd
constituled
under
ction
3,
prima
foci
fall
in
"industry".
Mah
sh
Bhargava
v.
tate
of
M.P.,
1993
JLJ
705.
5

I
Provi-.o
0111ft1ed
by
M.P.
Ad
No. 51
or
197G
16-t0-l976J.
2
Ins.
by
M.P
Acl
No.
SJ
of
197616
10-19761.
591
SAMA,!
Kh.'
KAMJOR
...
VIDIJIK
SAHAYATA
...
ACT,
1976
(vljj)
(i)
The
Collector:
(UJ
The
Chief
Judicial
Ma?lstrate:
(tit)
The
Pr
sidenl
Dlstrfc?
Bar
As?octaUon;
(iv)
the
Government
Pleader
ancl ff
there
ls
no
Government
Pleader,
the
senior
mosl
additional
Govemme1;1t Pleader:
M
the
District
Panchayat and
Social
Welfare
Oillc
r;
(vl)
U1c
Assistant
L:
bour
Commissioner
havtngJu.rlsdlcUon
over
th
d
!strict;
(vii)
Deputy
Director,
Tribal
and
Hanjan
Welfare,
and
if
there
ls
no
Deputy
Director,
Dlst.rict
Organi?..cr.
TrtbnJ
and
HarIJan
Welfare
and
there
be
no
D
puty
Director
and
Dlstrlcl
Or·
ganJzer,
lhen
Distrfct
Tribal
Welfare
Assistant
havingJurts­
dlctJon
over
lhe
di
lrict;
B.-Membcrs
nominated
by
the
Stat<J
Covernmeol
one
member
represenUng
U1e
district
in
Madhya Pradesh
Legtslatlve
Assembly
to
b
nominated
by
the
State
Govem­
m
nt
tn
onsultaUon
Wiil1
the
Speaker;
C.·Members
nominated
by
the
Collector.
(Ix)
two
members
of
U1c
Dlst.rfct
Bar
Assoc1atfan;
(xJ Lwo
members
of
lhe
local
authorities
ln
U1c
di
trict;
(Xi)
one
member
of
the
teaching
staff
of
the
law
college
In
the
district.
if
any;
(XU)
on
repre
cntaUv
of
the
students
In
the
di
t.rict;
(Xiii)
one
woinan
prefi
rably
a
lawyer
practJsing
in
the
district:
1(x
x
xJ
S.6
2[(xiv}
one
represenlaUve
or
labour;
(xv)
one
memb
r
or
U1
Scheduled
Caste:
(x'Vl)
one
rnember
of
th
Scheduled
Tribe;
advice
committee
sh.
di
al
o
exercise
uch
powers
and
perf
orrn
such
functions
of
the
Board
wHhin
the
district
or tahstl
or
a
village
or
group
of
villages,
as
the
case
may
be,
as
the
Board
may.
by
general
or
spec1aJ
orde?
specify.
(3)
A di
trtct
legal
aid
and
legal advice
commf
tee.
a
tahsil
legal and
legal advice
committee
nnd
a
Gram
legal
aid
and
JegaJ
adVice
commit­
tee
shall.
In
Lh
exercise
of
powers
and
dfscharge
of
functions
specifiedunder
sub?secuon
(2),
be
ubJcct
to
lhe
generaJ
sup
rintend,
nrr
and
control
of
the
Board.J
,6.
ConstJtuUon
of
district
legal
aid
and
legal advice
commit.
tee.-(l)
A
dJstrict
I
gal
aid
and
legaJ
advice
commJttce
shall
canst
t of
the
following
members.
narnely:-
A.·Ex-officio
Members.
S.5
AMAJ
KE
KAMJOR
...
VIDHIK
Si\HAYATA
...
ACT,
1976
590
which
the
Chairman
resumes
hrs
duties.
(3-B)
(lJ
There
hall
be
the
Executive
Chairman
of
the
Boa.rd.
{Ii}
Any
person
who
ts,
or
has
b
en
or
ls
qualified
to be
a
Judge
of
a
High
Court
shall
be
eligible
for
being
appointed
as
ExecutJve
Chair­
man
of
the
Board.
(W)
The
Ex:ecuUve
Chairman
shall
be
a
whole-Lime
salaried
offlcer
of
the
Board
and
hls
emoluments
and
other
terms
and
cond!Uons
of
servtce
rhal)
be
such
as
may
be
pr
crtbed:
(Iv}
The
Executive
Chairman
of
the
Board
shall
exercise
such
powers
and
perform
such
funcUons
conferred
or
Imposed
on
the
Chairman
of
the
Board
by
or
under
this
Act
as
U1e
Chairman
may
by
an
order
In
wnnng
delegate
or
entrust
to
hlm.]1
[(3·C)
(I)
The
State
Gov
rnrnent
may
by
an
order
appoint
an
Honorary
Deputy
Chairman
of
the
Board.
(fl)
The
Honorary
Cha.inn.an
shall
exer
·ise
such
powers
and
per.
form
such
funcUon
conferred
or
Imposed
on Ute
Chairman
of
the
Board
by or
under
thts
Act
as
the
Chairman
may by
an
order
in
writing
delegate
or
entru
t
to
hlm.]
{4)
TI1e
members
under
lause
(xv) of
sub-
ectlon
(I)
shall
be
nominated
for
a
period
of
two
years
2jx
x
xJ
3[
5.
Legal
aid
and
legal
advice
comndttees
at
district,
tahsil
and
Gram
level
to
assist
the
Board.-41(I)
The
Stale
Government
may
constitute.-
Ia)
disl.Jict
legal
aid
and
legaJ
aclvfcc
comrn.fttee
for
each
dlstr1ct.
and
(b)
tahstl
le.gal aid
and
legal
advice
comm1tte
for
each
tahstl,
to
asslst
the
Board
to
exercise
U1e
power and
perform
lhefunctions
conferred
or
imposed
upon
the
Board
by or
under
this
Act.
(
I
·a)
Notwtthst.nndlng
anything
contained
in
the
Madhya
PradeshPanchayat
Adh
lntyam,
1981
(No.
35
of
1981)
each
gram
panchayat
consUtuted
thereunder
shall
be
the
gram
legaJ
ard
and
legal
adVice
cornmtttee
for
assisting
the
Board
to
e."1Cerclse
the
powers and
perform
the
funcUons
conferred
or
Imposed
upon
the
Board
by or
under
this
Act
Th
Se
retary
of
the
gram
panchayat
shall
be
ex-officio
Secretary
of
such
gram
legal
ald
and
legal
advice
comrn.Jttee
and
the
Sarpanch
of
the
gram
panchayat shall
be
the
Chairman
of
lhe
gram
legal aJd
and
legal
advice
cornrrutte
.J
(2) A
distrtct
legal
aid
and
legal
advice
committee
hall
exercise
the
powers and
perform
the
functions
conferred
or
lmposeq
upon
it
by or
under
this
Act.
A
district
legal
aid
and
legal advice
committee.
a
tahstl
legal aid
and
legal
advrce
commlll
e
and
a
Gram
legaJ
aid
and
legal
Ins.
by
·LP.
A.cl
No.
16
or
1991
l21?109JJ.
2
Omllted
by
M.P.
Acl
No.
51
of
1970
[6-10-19761.
3
Sub
.
by
M.P.
Act
No.
5i
of
1976
f6-JO-
l976J.
4
Subs.
by
l\LP,
Acl
Nu.
26 of
1986
l5·8-l986J.

593
SAMAJ
KE
KAMJOR
..
VJDHTK
SAllAYATA
...
ACT,
1976
S.11
8.
Executive
Committee
of
the
Board.-(
l)
There
shall
be
an
Executive
Committee
of
U1e
Board
con
I
Ung
of-
(1) Chairman
of
the
Board:
11(i-a)
Vlce
chatrmnn
of
the
Board.
if
any:
[i-b)
Executive
Chairman
of
the
Board.]
2((1-c)
Honorary
Deputy
Chalrrnan.]
(II)
Advocat
General,
Madhya
Pradesh:
(iHJ
Secretary
to the
Government
of
Madhya
Prad sh
Law
and
Legislative
affairs
Ocpartm
nt:
(Iv)
Secretary
to the
Oovernm
nl of
Madhya Pradesh.
Finance
Departrn
nt:
M
Eminent
legal
ald
expert
norntnated
under
clau
e
(xiv)
of
sub-
section
( 1)
of
s
xtlon
4;
(vi)
Regl trar,
HJgh
Court
of
Madhya
Pradesh:
(Vti)
Chairman.
Madhya
Pradesh
State
Bar
Council;
(vtli}
Secretary
of
the
Board.
(2)
The
Chairman
of
the
Board
shall
b
t.he
Chairman
of
the
Executive
Commltl
e.
(3)
Subject
lo
the
general
control
of
the
Board,
lhe
general
super­
intendence.
direction
and
management
of
the
affairs
of
the
Board
shall
vest
In
lhe
execu
tive
commtttee
which
shall
exercise all
such
powers
and
do
all
such
acts
and
things
as
may
b
exercised
or
done
by
the
Board
under
this
Act
and
rules
made
thereunder.
·
9.
FunctlonaJ
committees.-())
The
Board
or
a
di
lricl
legal
aid
and
legal
advice
committee
may
constitute
n,
m.111v
functional
com­
mittees
as
lt
may
deem
flt
to
render
assisl.111t·e
1ci·
tlw
Board
or
lhc
comrnJtt.ee.
as
the
case
may
be.
In
the
e..\.t'I
c·hr
11r ·1
he
powers
and
discharge
or
functions
conferred
or
imposed
uput
I
the
Board
or
lhe
commJttee
by
or
under
this
Act.
(2)
A
functional
c;ommittcc
shall,
for
the
conduct
of
Its
business,
folJow
such
procedure
.1
...
111.ty
be
provided
by
regulations.
10.
Member
to
hold
office
during
the
pleasure
of
nominating
or
appointing
authority.-( 11
All the
members
of
lhe
Board
or
commiltee
olher
than
ex-officio
meml.>
rs
hall
hold office
during
th
pleasur
of
the
authority
nominating
or
appoint
Ing
lliem
a
such
!llembers.
(2)
Whenever
any
person
is
nominated
or
appointed
as
a member
of
llie
Board
or
the
Committee
by
virtue
of
th"
post
or
office
held
by
him.
he
sh:lll
forthwith
cease
to
b
a
member of
th
Board
or
llie
.
Committee.
as
the
case
may
I)
•
if
he
c ases
to
hold
uch
po
t
or
offic
.
11.
DJsquallfications
for
mcm.bershJp
etc.-UJ
A
p
rson
shall
be
disqualified for
being
nomtnat.ed
or
appointed as.
or
for
beLng.
a
member
oft.he
Board
or
a
Commit.tee-
I
Ins.
by
M.P.
Act
No.
26
of
1986
(5-8-1986).
2
Ins.
by
M.P.
Act
o.
16
of
1991
l21-8·
19'Jll
S.7
SAMAJ
KE
KAMJOR
...
VTDHIK
SAI:lAYATA
...
ACT,
1976
592
(xv1J)
two
other
persons
not
covered
by
any
of
lhe
aforesaid
clauses
as
the
Collector
may
lhlnk
nt
to
nommate
for
the
purpos
of efficient
discharge
of
funcllons
Imposed
on
the
district
l
gal
aid
and
legal
advice
committee
by
or
under
thls
Act.]
(2)
The
Collector
shall
appoint
a
Secretary
to Lhe
dtstnct
legal
ald
and
legal
advice
comrniilee
who
hall
be
a
member
secretary
of
lhe
committee.
(3)
The
dJ
lrtcl
Judge
:.hall be
Patron
of
lhe saJd
committee
and the
Collector
hall
be
U1e
Chnlrman
thereof.
7.
Constitution
of
tahsll
legal
aid
and
legal
advice
committee.­
(1)
A
tahsll
legal
aid
and
legal
advice
committee
shaJl
consist
of
lhe
foUowtng members,
nrunely:-
A.-Ex-officio
members.
(i)
al]
members
of
lhc
Madhya
Prad
h
Legtslatlve
assembly
returned
from
the
consutuenctes wh
tch
wholly
or
partly
fall
within
the
tah
U:
(HJ
sub-divisional
officer
(Revenue)
and
If
there
Is
no
sub­
dJYi
tonal
officer.
lhe
tahstldar:
(ill)
President.
Tahsll
Bar
Association;
(fv)
Presidents
of-
(1)
all
rnuruclpal
commiltees
fn
the
tahsll.
and
(U)
aJ1
Janapad
Panchayats
in
lhc
tahstl
whether
falling
wholly
or
partly
therein.
B.-Members
nominated
by
the
ColJector
(v)
two
representatives.
one
each of
Scheduled
Castes
and
Scheduled
Tribes:
(vii one
woman
preferably
a
lawyer
practising
in
the
tahsll:
(vllJ
one
representative
of
labour.
1
((viit)
two
other
persons
not
covered
by
any
of
t.he af
crcsatd
clauses
as
the
Colleclor
may
think
fit
to
nominate
for
the
purpose
of
efficient
discharge
of
function
imposed
on
the
Tahstl
legal
aid
and
legal
advice
committee
by
or
under
t.his
AcLI
12)
The
Collector
shall
appoint
a
secretary
lo
the
tahsJl
legal
aid
and
I
gal
advice
commluee
who
shall
be
a
member
secretary
thereof.
(3)
The
senior
most
judicial
officer
posted
In
lhe
tahsll
shall
be
the
patron
of
the
said
commlttee
and
the
member
referred
to
In
clause
(ij)
of
sub-section
(1)
shall be
the
Chairman
thereof.
7-A-2[x
x
xJ
I Ins.
by
M.P.
Act
No.
51
or 1976
IG
I?
10761
2
Section
7-A
lnscned
by
M.P.
Act No.
51 of
1976
n11d
omitted
by
M.P.
A.cl
No.
26
or
1986
15-8-
J\JSGJ.
-
....

595
I
Subs.
by
M.P.
Acl
No. 26
of
19
[5-8-19861.
2
?,;.!Sand
17
•.
ub
.byM.P.AcLNo.8ofl990[24·11-1990l.
3
Subs.
by
M.P. Atl
No.
26
of 1986.
Govemmcnl
and
In
other
case
lhey
shall
be
such
as
may
be
proved
by
rcgulalions.
(3)
The
expenditure
towards
salary
and
allowances
and
other
charges
of
11Execuliv
Chairman.
Seqetary
of the
Board],
dlstrtct
legaJ
aJd
and
legal
advice
commJllce
and
lahsll
legal
aid
and
legal
advice
commltlec
shall
be
a
charge
on
the
fund
oft.he Board.
2116.
Officers
and
servants
of
Boud.-The
Board
may.
wtlli
the
prevloui;.
approva1
of lhc
State
Govemm
nt.
crea
c
as
many
posls
of
onlccrs
and
S<'rvants as
may
be
necessary.
and
may
appoint
such
number
or
olt1cers
and
servants
as
It
considers
nece
ary
for
the
eIDclenl
discharge
of its
funcllons
under
lh!s
Acl or
the
rules
mnde
th
reunder.
17.
Recruitment
and
conditions
of
service
of
officers
and
Scrvants.-(1)
The
Board
may.
with
the
previous
approval
of
the
Stale
Government.
make
regulatlons
for
lhe
detennlnaUon
of th
remunera­
tion
and
other
conditions
of servlc
of
!ls
officer
·
and
sen• ..
rnls.
(2)
The
State
Government
shall
make
rule!>
[or
!ht·
recruitment
of
the
officers
ands
rvants
of lhe
Board:
Provided
that WJ
such
rules
are
made
by
t.he
State
Gove1nment
t.be
rules
applicable
to
the
recrnltment
lo
crvice
under
the
State
Govern­
ment
shall
mutatlS
mutandls
apply
lo
the
Board.}
.18.
Allowances
to
members
of
Board
etc.-Thc
memb
rs
of
lhc
Boa.rd
lhe
e.x
cuUve
committee
or a
runcUonal
committee
may
be
paid
such
allowances
for
attending
lo
the
work
oft.he
Board,
the
cxecutiv
commJttee. n
commi
l
c
or
a
fu,wtlonal
rommUtee us
the
case
may
be.
a
may
be
provided
by
regulallons.
CHAPTER
ill-Conduct
of
Businc
.
of
Bou.rd
and
Committee
19.
Procedure
at
mecting.-SubJecl
to
the
provision
of
this
Act.
the
procedure
at
a
m
ct
Ing
of
the
Board,
lhe
execut
Ive
commttlee
or
a
committee
hall
be
su
h
as
lb
Boo.rd
may,
by
regulations.
determine.
20.
Meeting
of
Board
ctc.-(1)
The
Board
or
the
comm.!Lte•
shall
me.et
for
the
lransacUon
of
its
buslne
from
time
to
time,
at
'uch
place
and
time
as
lhe
Chairman
thereof
may.
determine.
{2)
NoUce
of
every
meeting
sp
clfying
Lhe
tlm
and
place
thereof
and
the
busln
ss
to
be
transacted
thereat
shall
be
dispatched
to
every
member
of
th
Board
or a
commi llee,
as
lhe
case
may
be.
and
exhibited
at
lhe
office of the
Board
or
the
committee. a
the
case
may
be. seven
clear
days
before
the
rneeung.
[3)
3[(1)
At
eveI)'
meeting
of the
Board,
the
Chairman
thereof.
and
ln
his
absence
the
Vice-Chairman,
if
any,
shall
preside
over
the
meeting
of
t.he
Board,
and
in
the
absenc
of
both,
members
pre
nt
shall
choose
one
from
amongst
the
members
lo
preside
over
lhe
S.
20 SA1'-1AJ
KE
KAMJOR
...
VlDHIK
SAliAYATA
...
ACT,
1976
s. 12
SAMAJ KE
KAMJOR
...
VlDHTK
SA1IAYATA
...
ACT,
1976
(a)
lf
he
ls
less
than
twenty-one
years
of
age:
or
(b)
II
he
is
of
unsound
mind
and
land
so
declared
by
a
competent
court;
or
(c)
If
he
Ls
an
undl
charged
Insolvent;
or
(d)
tf
he
has
been
sentenced
by
a
criminal
court
for
an
offence
Involving
moral
turpitude,
such
sentence
not
having
b n
revers
d:
or
(e)
if
he
has
on
any pr
vlous
occasion
been
r
moved
from
the
office
of
m
mber
of
the
Board
or
committee
or
of
a
local
authority
or
has
been
r
zrnoved
by
order
of
a
competent
court
from
any
po
ltlon
of
trust
either
for
mismanagement
or
corruption.
(2)
If
any
question
art
c
.
as
lo
whether a
member
ul'
lhe
Board
or
a
cornmlttee
has
become
subject
lo
..
ny
of
the
disqualifications
men­
tioned
In
sub-section
l
l
l
1
he
question
shall
be
referred
for the
decision
to
the
Stal
Governm
nt
and lls
decision
lher
on
shall be
Ilnal,
12.
Reslgna_Uon
and
acceptance.-(
1)
A
nominated
or
appotnted
member
of
the
Board
may.
at
any
time.
restan
his
office
by
ubrrutting
his
resignation
signed
and
addressed
to
the
Chairman
of
the
Board.
(2)
A
nominated
or
appointed
m
mber
or
lhe
commitf
e
may.
at
any
time,
resign
h1s
offic
••
by
subrmttlng
hls
r
stgnallon
signed
and
addressed
to
the
Chairman
of
the
Committee.
(3)
No
resignation
submitted
under
sub-section
( 1)
or
sub-section
(2)
shall
Lake
Ifect
until
It. Is
accepted by
the
ChaJrman
of
the
Board
or
the
committee.
as
the
ca
,
may
be.
13.
Filling
of
vacancles.-Any
vacancy
of
the
member
occurring
under
Section
12
shall
be
Illled
as
early
as
practicable
in
the manner
laid down
In
section
4,
6
or
7.
as
the
case
may
be.
14.
Validity
of
proceedlngs.-No
act
or
proc
ding
of the
Board
or
a
committee
shall
be
invalid
merely by
reason
of-
(a)
any
vacanc
·
therein
or
defect
in
the
con
tnuuon
thereof:
or
(b)
any
defect
In
the
nomination
of
a
person
acting
as a
member
thereto: or
(c)
any
Irregularity
In
Its
proc
dure
not
ulfecttng
the
merit
of U1e
case.
1115.
Salary
of Executive
Chairman
and
Secretary
of
Board
or
Committee).-(1)
The
Secretary
of
the
llo.
rd.
lhc
Secretary
of
the
dlstricl
legal
aid
and
legal
advice
commit
lee
and lh
Secretary
of
the
tahsil
legal
a.id
and
legal
advice committee
shall
receiv
such
monthly
alary
and
such
monlhly
allowances
as
the
Slate
Govern
men
may.
from
Ume
lo
lime,
determine.
l'.l)
Subject
lo
th
provisions
of
sub-section
(1).
the
eondttlons
of
s
rvtce
of
a
person
appointed
as
Secretary,
who
holds
a
lien
on
a
post.
under the
govem.m
nt
shall
be such
a
may
be
laid
down
by
the
Sub.
byM.P.ActNo
20of
198615·8·19861.
594

597
.
23
SAMAJ
KE
KAMJOR
...
VIDHIK SARAYATA
...
ACT,
1976
be.
may
delegate
lo
hirn.l
{bl .
give
effect
to lhe
dee!
ion
taken in
accordance
wtlh the
provisions
of
lhJs Act
and
the
rules
made thereunder
by
the
Board
or
coannJll
e
and
subrnlt
periodical
reports,
tf
the
Board
or
Committee
so
directs,
regardin?
lhe
progress
made
Ln
respect
lhPrclo.]
CHAPTER
IV-Function of
Board and
Committc
•
23.
Functions
of Board.-The
fun lions
of
lhe Board
shall be­
(a)
to
supervtse,
direct
and oontrol-
(i)
Lhc
work
of
the
committees;
and
(ii)
th
op
raUon
and adtninJ trallon
of the
legal
aid
and
legal
advice:
throughout
the
State:
{bl
to
a.nctton
expencUture
for lhc
:idmlnlstration
of
legnl
aid
and
legal
advice:
(c)
to
allocate
funds
for
I
gal
ald and
legal
advic
lo
the
committees:
(d)
to
take
proceedings
for
the
recovery
of
co
ls
awarded
to
aJded
persons:
.
(el
to
call
for
p
rtodlcal
reports
from
the
committees:
(0
LO
ubmit
r,
•commendation
to the
State Government
regarding
U,e
admJn!straUon
of
legal
aid and
legal
advice
and
Lmprovem
nts
In
the
practice
and
procedure
of Lhe
courts so as
to
reduce the
co
ts
c1nd
delay
In
IIUgatlon:
(g)
to
give
gen
·rol
or
special
direction?
to
the
comrnitlees
OT
funcllonal
commHtces
for
the
proper
di 'Ch,
rge
of
their
duties and
functions:
{h)
to
submit to
the Stale
Goy
mmcnt
an
annual
report
of
It
work:
(I)
Lo
screen ca
e
.
for
extending
legal
aid
to
be
filed
before
OT
pending
before
th
Hl?h
Court
and the
Supreme
Court:
Ol
Irrespective
of
means
test
to
pennn
legal
aid
or
legal
advice:­
{!}
In matters
of
greal
public
lmporlance,
or
(ll)
In
ec
te
t
case.
or
(Wl
Ln
such
special cases
which the Board
considers to be
deserving
of
legal
aid
or
legal
adv:ic
;
(k}
render
assistance
lo
the
members
of the weaker ectton
of
the
people
to
assert,
defend
or
dispute
a
claJm
In
legal
proceeding;
OJ
to
render
ns
ist,
nee
to
the member
or
the
weaker
sections
or
the
people
ln
complying
with
various
le?aj
requirements
In
order lo
secure
Lhc
bPn
fits
under
various
schemes
sponsored
by
or
on
behalf
of
the Central
or
State Government
for
the
welfare
of
general
public
or
any
section
thereof;
(m)
encourage
conciliaUon
in
legal proceed
in?;
(n)
lo
educate members
ol
lhe weaker cctlons
of the
people
ln
parUcular
about
lhe
civil
rights
and lhe
rights
mad
available
Lo
them
SAMAJ
KE
KAMJOR
...
V/DHJK
SAIIAYATA
...
ACT,
1976
596
rneeung.]
{H)
At
every
meeUng
of
(he
district
legal
aJd
and
legal
advice
comrnitte
.
the
member
nouunatcd
under
clause
(v111)°
of
sub-
section
r
1)
of
section
6
shall
pr
.....
,,
1,
.
ind
in
his
absence,
the
Chatnnan
of
th
,
aid
commtuee
shall
prv
....
ull•
and
Ln
absence
of
both.
the
members
present
shall
choose
one
r,
11111
among
them
elves
to
b
lhe
Chairman
of
the
meeting:
(lti)
At
every
meeting;
of
the
tah
il
legal
aid
and
legal
•
dv:icc
commit­
tee.
one
of
the
members
sp
clfled
in
claus
e
(I)
of
sub-
sectlcn
(
l)
of
ecUon 7
as
may
be
chosen
by
the
members
present
sh.
ll
pre
Ide
and
In
their
absence.
the
Chalrman
of
lhe
said
cornmiuee
shall
preside
and
in
the
absen
e
of
all of
lhem
the
members
present
shall
choose
one
from
amon?
themselves
lo
be
the
Chairman
of
the
meeting.
(4)
All
questions
brought
before
a
meeting
of
the
Board
or
a
commtttee
shall
be
decided
by
a
majority
of
the
members
present
and
voting.
The
presiding
authority,
unless
Jt
refrains
from
voting,
shall
give
Its
vote
before
declaring
the
number
of
votes
for
or
against
the
quesuon.
21.
Minutes.-(!)
Minutes
shall
b
kept
of
the
names
of
the
mem­
bers
pre
ent
and
of
the
proce
clings
at
each
meeung
of
the
Board
or
a
?omrnJtte
.
The
minutes
shall
at
all
reasonable
times
be
open
to
inspecnon
free
of
charge
by
any
member
of
the
Board
or
a
committee
as
th
case
may
be.
(2)
The
minutes
hall
be
In
Hindi
wrttten
In
Devanagari
scrlpl.
22.
Quorum.-(lJ
The
quorum
for
a
m
eung
of
the
Board
or
a
committee
shall
be
one-third
of
the
members
constuutJng
the
Board
or the
Committee
for
the
lime
being.
(2)
If
at
a
meeting
of
lhe
Board
or
a
committee
th
quorum
Is
not
present
the
presiding
auLhorHy
shall
adjourn
lhe
m
eung
lo
such
time
on the
foUowtng
day
or
sorn
future
date
as
il
may
fix.
The
bustne
s
which
couJd
not
b
considered
at
the
meeting
so
postponed
for
want
of
quorum
shall
be
brought
before
and
disposed
of
at
the
rn
Ung
so
fixed
or
at.
any
subsequent
adjourned
meeting
whether
there
is
quorum
present
or
not
provtded that
not
less
thnn
thre
•
members
are
present.
I
I
22-A
Functions
of
the
Secretary
of
the
Board
and
committee
..
The
Secretary
of
the
Board
and
of
U1e
commit
tee
shall-
2((a)
subject
to
the
general control
of
th
Chalrman
and
to the
extent
lo
whlch
powers
are
delegated
lo
ExecuUv
Chairman
of
the
Board
In
writing
by
the
Chairman
th
Executive
Chalnnan
hall
watch
over the
financial
and
executive
ad­
rninistratJon
of
the
Board
or
the
committee
and
perf
orm
such
duU
sand
exercise
such
powers
of
the
Board
or
th
Committee
as the
Board
or the
Committee.
as
the
case
may
---
----
--
--
--
1
111-,
hy
1.P
Acl
No.
51
of
1976
[6-10
19761.
2
Sub1;.
by
M.P.
Act
No.
26
of
198615
8-1986].
I
._
.....
'

COMME
TARY
Activit1cs
of
the
Board
con
tilut
d
d
.
..
indu<:try". Malwsh
Bharncwa
u
f
t
u/na,,epr
ction
3,
pnma
fucie
foll
in
o
·
a e
o
m:.
.,
l993
JLJ
705.
under
various
enactrn
ents:
(o)
to
enlighten
the
people
In
rural
area!
and
Iacllttles
made
avnllable
lo
them
b
",
h
about
a?rartan
reforms
tJme
to
time and
lo
render
legal
a
I
l
)
L
e
Stat
Gov
rnment from
,
ance
wh
ere
necessary·
(p)
to
arrange
for
publicity
of
Im
rtant
le
·
on
labour.
woman.
agriculturists
po
'aJ<
g1
lallon
having
bearing
bonded
labour.
rural
lndebt
d
,
·
rd
er
ecllon
of
th
people
ness
an
social
reforms·
(q)
lo
ponsor
voluntary
org
nJ
ti
·
lawyers
and
law
tud
nts
and
t
a
sa
ons
cons!
tlng
of
enlighten
d
a 'isl
nee
to
the
weaker
ectto
o
enrclhourage
them
to
render
free
legal
ns o
c
p
ople:
(r)
to
ponsor
I
gnJ
advtce
climes:
.
(s)
to
und
rtake
and
encoun
lion
affecting
weaker
ectlons
ofcc?iee
p
?;ri.h
work
In
field.
of
legt
la-
(l)
to
carry
on
such
other
acuvtue
·.
to
the
obj
els
of
this
net:
s
as
nu
tncldental
and
conducive
(u)
to
discharge
uch
lh
d
functions
for
the
u
,
o
er
utl
"
.md
to
perform such
other
Stec
le
Govemmeni
m?y
d?
of
ctarrylng
out
the
object-,
of
this
Act
as the
_
tree
.
30
.
AMA.1
KE
KA.\JJOR
••.
f/WHIK
4.HAYATt\.
ACT,
1976
599
25.
District
legal
aid
and
legal
advice
committee
to
have
discretion.
The
dtstrtct
le?al
•
!cf and
leaal
advice
committee
hall
normally
have
th
dlscr
lion
to
jud(te
the
sufft
I
ncy
or
otherwise
of
th
material
before
It
for
the
grant
of
tegc
I aid
or
legal
advice.
26.
Functions
of
tahsil
legal
aid
and
legal
advice
committee.­
The
tah
U
legal
aid
,
nd
legal
advice
cornmluee
hall
dtschs
rge
uch
functions
a.
may
be
cntru
led to lt
by
the
Board.
1[
26-A.
Functions
of
Gram
legal
aid
and
legal
advice
committee.­
Toe
Gram
legal
aid
and
legal
?
dvlce
committee
hall
dl
charge
such
function
as
}l1ay
be
entrusted
lo
It
by
that
Board.l
CHAPTER
V-Fund
of
th
Boord
27.
Constitution
of fund
of
Board.
(
1)
The
Board
shall
have
and
maintain
Its
own
fund.
and
all
re
elpl
of
the
Board
hall
be
carried
ther
to
and
all
payment
by
the
Board
hall
be
made
thercf
rom.
(2)
The
Board
may
accept
ubventtons.
don,
Uons
'"nd
?ifi.
from
the
Central
01
Stale
Government
or a
local
nuthorttv
or
any
Individual
or
body.
whether
tncorporat
d
or
not,
for all
or
any
of the
purposes
of
lhl
Act.
(3)
The
fund
of
the
Board
hall
be
applied
by
It
for
meeting
all
adminl trallve
expense
of
the
Board
and
for
carrying
out
the
pur-
pose
of
this
Act.
(4)
All
moneys
lorrnlnq
p.
rt
or
the
fund
of
the
Board
hall be
deposited
In
such
m.rnner
?1
01e
Stale
Government
may
b
spe
lal
or
generaJ
order.
dlrecl.
(5)
The account
shall be
opcrat
d
upon
by ,
uch
officer
Jointly
or
individually
as
may
be
aulhortsed
by
Lhe
Board.
28.
Application
of
fwld.-The
fund
and
other as
els
of the
Board
shall be
held
and
applied
by
ll.
subject
to
the
provt
'Ions
nncl
for the
purpo
·
of this
Acl.
29.
Budget.
(
1)
The
Board
shall.
by
uch
date
In
each
year
as
may
be
fixed
by
the
Su:
te
Government
prepare
and
ubmll
to
the
State
Governm
nt
the
budget
for
the
n
:t.
financial
year
hewing
the
e
Umaled
r
lpts
and
expenditure.
(2)
The
Stale
Govemmenl
m.
y
sanction
lhe
budget
as
.
ubmltted
lo It
with
or
without
modiOcatlon
as
It
de
ms
proper.
(3)
The
Board
may
ubmll a
upplem
ntary
budget
for
onctlon
of
the State
Govcmmenl
ln
such
form
and
by
such
dote
cc
may
be
pre
rtbed.
30.
Annual
report.
(
l)
The
Board
shall
prepare
and
forwnrd
to
the
Slate
Govemm
nl
In
suC'h mann r
as
may
be
pre
crlbed
an
annual
report
wilhln lhrc
monlh.
from lh
end
of the
financial
year
giving
a
complete
account
of
Its
activlUe
durln?
U1
prcvlou
Onancial
year
111,,,
by
,t
P. All
No
51
of
197616
10-10761,
S.24
VIDJJJK
SAJJAYATA
..•
ACT,
1976
Mb1,/
KE
KAJ.fJOR
59
24.
Functions
of
dutrict
legal
aJd
Th
funcUon
of
the
leg
J
aJd
and
I
g
I
andd
legal
advice
committee.-
a
3 vice
commtltee
hall
be-
(a)
to
receive
and
Inv
ugate
appllca11
Ii
I
(b)
\
ons
or
egal
aid·
lo
provide
for
JegnJ advice:
·
(c)
to
malnlaJn
pane]
f
1
1
leg:u advice:
o
cga
practitioners
for
giving legaJ
rud
or
?=:
tl:
::de
all
questions
a
to
the
grant
or
withdrawal
oflegal
aid·
e
paym
nt
of fee
to
pan
I
legaJ
UL
'
ly
to
provide
for
co
ts
of
legal
aid
d
I
•
pra
loners
and
general-
plac
d
at hi
disposaJ
b
th
B
an
gal
advice
out of
lhe
funds
recovery
of
co,
l
awarded
?o
th
-•odacdrd
and
to
truce
proc
'edlngs
for
<U
p
rsons:
(0
lrre
pect1ve
of
mean
lest
to
p
rmlt
I
al
(I)
l
g
aid
or
legal
advlce-
n
m.
Uers
of
gr
at
public
importance:
or
(II}
ln
a t t
c,
e: or
(Ill)
In
such
pcclal
cases
whl
h
lh
dislnct
I
,
advice
committee
considers
to
be
d
gaJ
aid
and
legal
legal
advice:
e
ervlng
of
legal
aid
and
Provided
that
no
legaJ
aid
under
this
clau
w1U1
prior
approval
of
lhc
Boord:
shaU
be
granted
save
(g}
to
perform
such
other
function
as th
8
...
__.
'
<
?u
u
mcc
y
entrust.

601
S.
37
SAMAJ
KE
K.AMJOR
...
VIDmK
SAHAYATA
...
ACT,
1976
.
(I)
amicable
tuement of
disputes
by
securing
co-operation
of
the
partl
lo
a
dispute
ln such
manner
,,._
may
be
prescribed;
(jj)
rendering
a.
Istancc
In
the
mailer
provided
in
clause
(1)
of
section 23.
35.
Legal
aid.-Subject
to
the
provt
ions
ofs
cUon
33
?ncl
37,
legal
aid
may
b
given
In
a
legal
proceeding
lf,-
(a)
the
following
conditions
are
sattsfled,
that
I
lo
say­
(i)
lher
ts
a
prtma
fac!c
case;
and
(ii)
the
claim
is
reasonabl
and for
want
of
legal
aid
claimant
Is
likely
to
suffer
In
securing
his
legal
right.
(b)
the
party
has
acted
In
accordance
with
legal
advice.
If
any.
rendered
under
section
34.
(21
Subject
lo
the
provisions
of
sub-section
(1).
the
district
legal
aid
and
legal
advice
commJtlee
may.
either
on
!ls
own
motion
or
on
the
tnfonnation
r
cetved
by
it
as
to
the
need
of
legal
aid
or on
an
applica­
tion
from
the
P
rson
concerned
under
secuon
30
giv
legal
aid
at
any
stage
of
any
legal
proceeding.
(3)
Legal
aid
shall
be
admissible
in
such
legal
proceedings
In
a
court
In
which
representation
by
a
IegaJ
pracUtloner
Is
not
preclud
d.
36.
Modes
oflcgal
aid.-Th
legal
aid
may
be
given
under
this
Act
In
all
or
any
of
lhe
folloWing
modes,
namely:-
{a)
payment
of
court
fees.
process
fc
s.
expen
of
wHn
ses and
all
olher
charges
payable
or Incurred
In
connection with
legal
proceed­
ing;
(b)
represcnlation
by
a
legal
practiUon r
Jn
a
legal
proceeding;
(c)
supply
of
c
rtified
copies
of
judgment
and
order
in
a
legal
proceeding;
(dJ
preparation
of
appeal
paper
books
Including
prlnUn?
and
I
ranslation
of
docu
men
ls
t
n
a
legal
proceeding:
(cl
any
oth
r
mode
a
may
be
prescrlb
d.
COMl\1:E
TARY
Activities
of
the
Board
con
tituted
under
section
3,
prima
facie
fall
in
"industry•.
Mahesh
Bhargaua.
u.
State
of M.P.,
1993 JLJ
705.
37.
Bar of
legal
aid
or
legal
advice.-No
legal
aid
or
I
gal
advice
shall
be
granted
or
?lven
in the
following:-
{a)
dcfamaUon:
(b)
malicious
prosecution;
(c)
breach
of
promJse
of
marriage;
(d) inducement
of
one
spouse
to
llvc
or
remaln
apart
from
the
other;
{e)
elecuon
matter
;
AMAJ
KE
KAMJOR
...
VIDHIK
SAHAYATA
...
ACT,
1976
S.
31
600
(2) The
report
received
by
U1c
State
Covernm
nt
under
sub-section
CI)
hall
be
laid
on
the
table
of
the
Madhya
Pradesh
Legtslattv
Assembly
as
soon
as
may
be
aft
r
It
ls
recerv
d
by
the
Slate
Govern­
ment.
31.
Accounts
and
audit.-(1}
The
Board
shall
cause
to
be
maln­
taJned
proper
books
of
accounts
and
such
other
books
as
the
rul
may
require
and
hall
prepare
in
nccor:dance
wtth
the
rules
an
annual
statement
of
account.
(2J
The
Board
shall
cause
!ls
accounts
lo
be
audited
annually
by
such
per
on
as
the
Stale
Government
may
direct,
(3)
As
soon
as the
aecoun
of
the
Board
have
been
audited
the
4
Board
shall
send
a
copy
thereof
together
wnh
a
copy
of
I
he
rep
,rt
of
the
auditor
and
th
cornmeru-,
of
the
Board
thereon
lo
U1.e
State
Government.
(4)
·111e
Board
shall
comply
with
such
dlrecuons
as U1c
Slate
Government
may
thlnk
nt
IIJ
I!-.
sue
after
perusal
of
the
report
oft.he
auditor
and
th
comments or
I
he
Board
th
reon,
32.
Other
statements
and
returns.-The
Board
shall
also
submit
to
the
State
Government
such
statistics,
returns,
particulars
or
state­
ments
at
such
time
and
In
such
form
and
manner
as
may
be
prescribed
or
as
lhe
Stale
Government
may,
from
Um
to
Ilrne,
direct
CHAPTER
VI-L<-gal
Aid
and
Legal Advice
33.
Persons
eligible
for
legal
aid
and
Jegal advice.-No
person
shall
be
eUglble
for
legal
aid
and
legal
advice
under
thls
Act. unless-
1
f(a)
h
e
is
a
landless
agricultural
laboure
.
a nu-al
artisan,
a
member
of
Scheduled
Castes,
Scheduled
Tribes.
a
rnernb
r
of
back­
ward
classes,
Women
or
a
Child;
or]
lb)
he
satisfies
th
following
means
test,
that
ls to
say.-
(1)
lhe
family
of
which
he
I
a
member
has
Incorn
of
2[0ne
thou
and
rupee
I or Jess
p
r month:
or
(II) lhc
family
of
which
he
Is
a
member
holds
3jlwo
hectares
of
Irrigated
land
or
four
hectares
of
untrrtgated
land) or
land­
le
than
that
and
such
famUy
has
no 0U1er
source
of
income
except
agriculture
on
such
land.
4[Provided
that
the
B0:1Id
or
th
Committee,
as
the
case
may
be.
mny
in
suitable
cases
exempt
any
person
from
the
provtstons
of
this
sccuon.]
34.
Legal
advice.-Subject to
the
provisions of
sections
33
and
37,
legal
advice
may
be
given
in
all
matters
in
which
a
quesuon
of
law
Is
involved.
The
legal
advice
shall
be
aimed
at-
I
Subs.
by
Mp
35 or
1995
l3L10.J0051.
2
Subs.
by
Mr.
Act
No.
26 of
198615-8
1986)
and
again
by
MP35
of
1995
l31.JO.!l5J.
3
Sub
.
by
M.P.
Acl
No.
26 of 1986
!5·8·
19861.
4
In
by
MP.
Act
No.
26
of
1986
(5-8-19861.
--------
-
-
.

(0
conomtc
off,
nces
and
oflenc
against
soctal
laws
such
as
prevention
of
dowry
und
restraining
of
child
marriages:
(g)
matters
tnctdcnial
lo
any
or
thos
referred
to
above;
(hJ
such
other
matters
as
may
b
prescribed.
38.
Appllcatfon
for
legal
advice.-(1)
Any
per
on
<!ll?lble
for
legal
advice
under
ectlon 33
may.
at
any
Ume,
apply
for
legnl
advice
to the
dtstrtct
legal
aid
and
legal
advtc
?
comrruu
e
in
such
form
as
may
be
prescribed.
(2}
The
di.
trtct
legal
aid
and
leg::il
advice
commiuee
to
which
applicaUon
Is
made
und
r sub-
ectlon
( I)
shall, In
the
mann
r
presci:bed,
end
avour lo
settle
the
di
pule
by
brfn?tng
about
r
-
conclliatJon
between
the
riv.
I
parties
and If
the
reconciliatory
elforts
faH
and
failure
1
attributable
Lo
the
non
xi-op
eratton
of
any
one
party.
lo
the
dJspute.
the
non
co-opera
Ung
party
even
if
otherwise
ell?lble
for
legal
aid, shall
not
be
cntltled
lo
lcgaJ
aid
in
any legal
proc
edlng
in
connection
with
that
dispute.
39.
Application of
legal
ajd.-(
I)
Any
person
eligible
for
JegaJ
atd
under
s
ctton
33
may,
at
any
stage
of
legal
proceeding
apply
for
legal
aid
lo
the
district
lcgaJ
aid
and
legal
advice
cornrntttee
In
such
form
as
may
be
prescribed:
Provtded
that.
wh
re
appllcat
Ion
hns
been
mad
,
und
..
r
se Uon
38
for
legal advice.
no
fresh
applJcaUon
for
legal
ald
shall
b
nece
sary,
and
lhe
dlstrtct
l
gal
aid
and
le?::d
advice
commJtlcc
shall,
subject
to
Lhe
provisions
of
sub-sccuon
(2)
of
that
s
cuon
proceed
to
grant
legal
aid,
as
if
th
appUcaUon
under
sub-section
(
IJ
of
that
section
were
an
appllcaUon
for
?rant
of
I
gaJ
aJd.
(2)
The
district.
legal
aJd
and
legal
advice
committee.
t.o
which
application
is
made
under
sub-
ectlon
(I)
shall.
subject
to
the
provt
ions
of
this
Act.
and
the
rules
made
thereunder.
make
an
order
in
such
form
a
may
b
pre.
crtbed
sancUontng
the
grant
of
legal
aid
to
the
applicant.
(3)
The
district
legal
aid
and
legal
advice
ommitt
shall
send
a
copy
of
I he
order
?Mn_g
legal
aid
lo
t.he
aided
person
to
the
court
In
which
legal
proce
·ding
i
lob
insututecl
or
IL
t.
pending
for
disposal.
•1
2
39-AJ.
(Emergency
powers
of
the
LegaJ
Aid
Officers
and
Chair·
man of
the
Board
or
CommittecsJ.-(
l)
3!1f
in
lhe
opiaJon
of
Lh
,
Legal
Afd
Officer
of
the
dislrict
or
lah.sll.
as
the
case
may
be,
or
t
n
lhe
opinion
of
th
Chairman
of
the
Board
or
a
CornmJtreeJ
any
emergency
ha
arisen
which
requires
Immediate
ac-Uon
to
be
taken, the
<t[LegaJ
Aid
Officer
of
the
dlstricl
or
tahsll,
as lhe
case
may
be.
or
t.he
Chairman.]
shaJl
take
such
action
as
he
deern
necessary
In
ant.lclpaUon
of
the
----
603
SAM.A.I
KE
KAMJOR
...
VTDHJK SARAYATA
...
ACT,
1976
S.41
COM1vIENTA
RY
approval
of
the
Board
or
the
committee
and
shall
at
the
earliest
opportunity
thereafter
report
his
acUon
Lo the
Board
or
the
committee.
a
U1e
case
m(J
y
be.
•
1((2)
On
receipt.
of
a
report
under
sub-seclJon
(1)
lflhe
Board
or
th
Commltte
.
as
the
case
may
be.
does
not
approve
of
the
action
taken
by
Legal
Aid Officer
of
the
dist:r1ct
or
lahstI. as
the
case
may
be,
or
the
Chairman
IL shall refer
the
matter-
(!)
In
ca
of
action
taken
by
the
Chairman
of
lhe
Board,
to
the
State
Government;
(il)
in
case
of
action
taken
by
lhe
Chairman
of
the
DI
trict
Legal
Aid
and
Legal
Advice
Connnltt
.e.
to
the
Board;
(UH
In
case
of
action
taken
by
the
Chairman
of
the
tahsll
Legal
Afd
and
Legal
AdVice
Commme
•
to
the
District
LegaJ
Aid
and
Legal
Advice
Committee:
{Iv)
In
case
of
action
taken
by
the
ChaJrmnn
of
the
gram
Legal
Aid and
Legal
Advice
Commit.tee. to
the
Tahsil
Legal
Aid
and
LegaJ
Advice
Commlttcc:
(v)
in
cas
of
action
taken
by
LcgaJ
Aid
Officer of
a
dlstr1ct
or
Tahsll
to
the
Secretary
of
the
Board for
placing
the
matter
before
the
Board;
whose
declsl.on
thereon
hall
be
final.]
40.
Provision
of
legal
practitioner.-11)
The
distrtct
legal
aid
and
legal
advice
commiltee
shall
every
y
ar
by
such
date
as
may
be
prescribed
prepar
a
Ust
oflcgal
practitioner
pracU
lnl!
tn
thr
C'II-.ITirl
and
possessing prescribed
qualiJkatlons.
(2)
The
district
legaJ
aJd
and
le?al
advlc
committee halJ
submit
the
llst
so
prepared
alongwtth
its
recorrn1wndaUons
to
the
Board
for
Us
approval
and
legal
practitioners
8'_
.1pp1oved
by
th Board
shall
be
panel
I
gaJ
practitioners
for
the
purp<J!le..Q(entrustment
of
work
under
Lill·
Act
during
the
currency
of
lhe II
t.
(3)
The
panel
legal
practitioner
shall
perform
such
functions
and
discharge
such
duties
Ln
relat.Jon
to
legal
ald
and
legal
advice
as
m

Excerpt shown. Open the full act in Lexace.

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