LEGAL AID INFORMATION

APPLICATION FOR LEGAL AID OR ADVICE
Any person desiring legal aid or advice may make an application addressed to the Member Secretary/Secretary of the authority/Committee. If the applicant is illiterate or is not in a position to write or fill in the particulars required in the application, the Secretary or an Officer of the committee or any legal practitioner, whose name appears on the panel of the Authority or Committee, as the case may be shall gather the necessary particulars from the applicant and prepare the application on his behalf and after reading it out and explaining it to him, obtain his signatures or thumb impression on it. The application of any applicant shall be in a form approved by the State Authority.

CRITERIA FOR PROVIDING FREE LEGAL SERVICES
Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for giving legal services to the eligible persons. Sec 12 of the Act reads as under:- “Every person who has to file or defend a case shall be entitled to legal services under this Act, if that person is:-
(a) A member of Scheduled Caste or Scheduled Tribe;
(b) A victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution;
(c) A Woman or a Child;
(d) A person with disability as defined in clause(i) of section 2 of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995;
(e) A persons under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster, or
(f) An industrial workman, or
(g) In custody, including custody in a protective home within the meaning of clause of Section 2 of the Immoral Traffic(Prevention) Act, 1956 or in a Juvenile home within the meaning of clause of Section 2 of the Juvenile Justice Act, 1986 or in a or psychiatric hospital or psychiatric nursing home within the meaning of clause of Section 2 of the Mental Health Act, 1987, or
(h) In receipt of annual income less than rupees One lakh fifty thousand or such other higher amount as may be prescribed by the State Government, if the case is before a Court other than the Supreme Court, and less than twelve thousand rupees or such other higher amount as may be prescribed by the Central Government if the case is before the Supreme Court.

In regard to income of a person an affidavit made by a person as to his income may be regarded sufficient for making him eligible for entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit.

MODES OF PROVIDING LEGAL SERVICES
Legal Services may be given in all or any one or more of the following modes, namely;-
a) By payment of court-fee, process fee, expenses of witnesses, preparation of paper book, lawyers fee and all other charges payable or incurred in connection with any legal proceedings connection with any legal proceedings;
b) Through representation by a legal practitioner in legal proceedings;
c) By supplying certified copies of judgments, orders, notes or evidence and other documents in legal proceedings;
d) By preparation of appeal paper book, including printing, typing and translation of documents in legal proceedings;
e) By drafting of legal documents;
f) By giving legal advice on any matter, and
g) Through Mediation Centres or Family Counselling Centres.

Scrutiny and evaluation of the application for free legal services ;-
(i) The Committee shall scrutinise and evaluate the application and decide whether the applicant is entitled to the legal services or not as early as possible and preferably within fifteen days of its receipt.
(ii) If the applicant is not covered under the categories mentioned in section 12, he or she shall be advised to seek assistance from any other body or person rendering free legal services either voluntarily or under any other scheme.

WITH DRAWAL OF LEGAL SERVICES
(1) The Committee may either in its own motion or otherwise withdraw legal services granted to any aided person in the following circumstances, namely;-
a) In the event of it being found that the aided person was possessed of sufficient means or that he obtained legal service by misrepresentation or fraud;
b) In the event of any material change in the circumstances of the aided person;
c) In the event of misconduct, misdemeanour or negligence on the part of the aided person in the course of receiving legal service;
d) In the event of the aided person not co-operating with the Committee or with the legal service advocate assigned by the Committee;
e) In the event of the aided person engaging a legal practitioner other than the one assigned by the Committee;
f) In the event of death of the aided person, except in the case of Civil proceeding where the right or liability survives;
g) In the event of the application for legal services or the matter in question is found to be an abuse of the process of law or of legal services; Provided that legal service shall not be withdrawn without giving due notice thereof to the aided person or to his legal representatives in the event of his death, to show cause as to why the legal service should not be withdrawn.
(2) Where the legal services are withdrawn on the grounds set out in clause(a) of sub-regulation (1) above, the Committee shall be entitled to recover from the aided person the amount of legal service granted to him.

DISPOSAL OF APPLICATION
1) On receipt of an application, the Secretary shall scrutinize the application and shall first cause the eligibility of the applicant as per the provisions of the Act read with the rules.
2) For examining and scrutinising the application and deciding its merit Secretary may take assistance/opinion from retainer lawyer or legal services advocates willing to provide free legal advice in appropriate cases. The Secretary shall not be precluded from seeking more than one opinion if any particular case requires in depth examination.
3) In case the applicant satisfies the eligibility criteria, the Secretary shall proceed to decide the mode of legal service.
4) The decision of the Secretary and the Chairman of the Committee to provide legal service shall be subject to the confirmation by the concerned Committee.
5) An application for the grant of legal services in any matter if it is not found fit, may be rejected, for the reasons to be recorded in writing and an information in writing to that effect shall be communicated to the applicant.
6) The applicant whose applications for grant of legal services has been rejected may prefer an appeal before the Chairman for a decision.

DUTY OF AIDED PERSON
1) A person seeking free legal service shall comply with the requisition or direction that may be made upon him by the Committee from the date of application for legal service till the completion or cessation of legal service or cancellation of eligibility.
2) Every aided person or his representative shall attend the office of the Committee as and when required by the Committee or by the legal service advocate rendering legal aid to him and shall furnish full and true information and shall make full disclosure to the legal service advocate concerned and shall attend the court, as and when required at his own expense.