Indian Legal Aid: Who is entitled to free legal aid?

Any person, who is:

a member of the scheduled castes or tribes;
poor (with an annual income of not more than Rs.50000/- for cases in the Supreme Court and Rs.25000/- in other courts);
a victim of trafficking in human beings or beggar;
disabled, including mentally disabled;
a woman or child;
a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earth quake, industrial disaster and other cases of undeserved want;
an industrial workman; in custody, including protective custody; facing a charge which might result in imprisonment;
One unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence, and incommunicado situation;

In addition to the above, legal service may be granted:

in cases of great public importance;
special cases considered deserving of legal services

Cases for which legal aid is not available

Cases in respect of defamation, malicious prosecution, contempt of court, perjury etc.
Proceedings relating to election;
Cases where the fine imposed is not more than Rs.50/-;
Economic offences and offences against social laws;
Cases where the person seeking legal aid is not directly concerned with the proceedings and whose interests will not be affected, if not represented properly.

Constitutional provisions:

Article 39A of the Constitution of India provides that State shall secure the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.

Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society.

Legal Aid Under C.P.C And Cr.P.C

S. 304(1) "Lays down that when accused facing a trial. Concept of free legal aid scheme under legal services Authority. Act is only when accused facing trial in court. When person is VV poor, then he can get legal aid. In the absence of lawyer, the entire trial becomes vitiated and then case to be remanded back to the trial court. Court to ask the accused, whether he has services to engage a lawyer or not. If not, the court is bound to give him lawyer from the bar, who should be well versed with the law and to be get paid by St. Govt. Court cannot sympathize with a lawyer. Lawyer must be a competent one...."is amicus curiae (friend of court). S. 304, CrPC plays V. imp. role."

Under Order 33, rule 17 of CPC

Suit by or against an indigent person. When a plaint along with petition, that person unable to avail services of an lawyer, then court exempts him from court fees.

Provisions relating to Legal Aid

Legal Services Authorities Act, 1987.

Criterion For Providing Legal Aid

Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for giving legal services to the eligible persons. Section 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 a 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 mentally ill or otherwise disabled person;
e)a person 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 (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956); or in a juvenile home within the meaning of clause (h) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986) or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987 (14 of 1987); or (i) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Govt., if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Govt., if the case is before the Supreme Court.

(Rules have already been amended to enhance this income ceiling).

Legal Services Authorities after examining the eligibility criteria of an applicant and the existence of a prima facie case in his favour provide him counsel at State expense, pay the required Court Fee in the matter and bear all incidental expenses in connection with the case. The person to whom legal aid is provided is not called upon to spend anything on the litigation once it is supported by a Legal Services Authority.

Hierarchy Of Bodies Created Under The Act

National Legal Services Authority:

A nationwide network has been envisaged under the Act for providing legal aid and assistance. National Legal Services Authority is the apex body constituted to lay down policies and principles for making legal services available under the provisions of the Act and to frame most effective and economical schemes for legal services. It also disburses funds and grants to State Legal Services Authorities and NGOs for implementing legal aid schemes and programmes.

State Legal Services Authority:

In every State a State Legal Services Authority is constituted to give effect to the policies and directions of the Central Authority (NALSA) and to give legal services to the people and conduct Lok Adalats in the State. State Legal Services Authority is headed by the Chief Justice of the State High Court who is its Patron-in-Chief. A serving or retired Judge of the High Court is nominated as its Executive Chairman.

District Legal Services Authority:

District Legal Services Authority is constituted in every District to implement Legal Aid Programmes and Schemes in the District. The District Judge of the District is its ex-officio Chairman.

Taluka Legal Services Committees:

Taluk Legal Services Committees are also constituted for each of the Taluka or Mandal or for group of Talukas or Mandals to coordinate the activities of legal services in the Taluka and to organise Lok Adalats. Every Taluka Legal Services Committee is headed by a senior Civil Judge operating within the jurisdiction of the Committee who is its ex-officio Chairman.

Constitution of the National Legal Services:

The Central Authority shall consist of –

a) the Chief Justice of India who shall be the Patron-in-Chief;

b) a serving or retired Judge of the Supreme Court to be nominated by the President, in consultation with the Chief Justice of India, who shall be the Executive Chairman; and

c) such number of other members, possessing such experience and qualifications, as may be prescribed by the Central Government, to be nominated by that government in consultation with the Chief Justice of India.

The Central Government shall in consultation with the Chief Justice of India, appoint a person to be the Member-Secretary of the Central Authority, possessing such experience and qualifications as may be prescribed by that Government, to exercise such powers and perform such duties under the Executive Chairman of the Central Authority as may be prescribed by that Government or as may be assigned to him by the Executive Chairman of that Authority.

The administrative expenses of the Central Authority, including the salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the Central Authority, shall be defrayed out of the Consolidated Fund of India.

Supreme Court Legal Services Committee:

The Central Authority shall constitute a Committee to be called the Supreme Court Legal Services Committee for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the Central Authority.

The Committee shall consist of -

a) a sitting judge of the Supreme Court who shall be the Chairman; and

b) such number of other members possessing such experience and qualifications as may be prescribed by the Central Government to be nominated by the Chief Justice of India.

The Chief Justice of India shall appoint a person to be the Secretary to the Committee, possessing such experience and qualifications as may be prescribed by the Central Government.

The schemes and measures implemented by the Central Authority:

a) After the constitution of the Central Authority and the establishment of NALSA office towards the beginning of 1998, following schemes and measures have been envisaged and implemented by the Central Authority:-

a. Establishing Permanent and Continuous Lok Adalats in all the Districts in the country for disposal of pending matters as well as disputes at pre-litigative stage;

b. Establishing separate Permanent & Continuous Lok Adalats for Govt. Departments, Statutory Authorities and Public Sector Undertakings for disposal of pending cases as well as disputes at pre-litigative stage;

c. Accreditation of NGOs for Legal Literacy and Legal Awareness campaign;

d. Appointment of "Legal Aid Counsel" in all the Courts of Magistrates in the country;

e. Disposal of cases through Lok Adalats on old pattern;

f. Publicity to Legal Aid Schemes and programmes to make people aware about legal aid facilities;

g. Emphasis on competent and quality legal services to the aided persons;

h. Legal aid facilities in jails;

i. Setting up of Counseling and Conciliation Centers in all the Districts in the country;

j. Sensitisation of Judicial Officers in regard to Legal Services Schemes and programmes;

k. Publication of "Nyaya Deep", the official newsletter of NALSA;

l. Enhancement of Income Ceiling to Rs.50,000/- p.a. for legal aid before Supreme Court of India and to Rs.25,000/- p.a. for legal aid upto High Courts; and

m. Steps for framing rules for refund of court fees and execution of Awards passed by Lok Adalats.

National Legal Services Authority was constituted on 5th December, 1995. His Lordship Hon. Dr. Justice A.S. Anand, Judge, Supreme Court of India took over as the Executive Chairman of National Legal Services Authority on 17th July, 1997. Soon after assuming the office, His Lordship initiated steps for making the National Legal Services Authority functional. The first Member Secretary of the authority joined in December, 1997 and by January, 1998 the other officers and staff were also appointed. By February, 1998 the office of National Legal Services Authority became properly functional for the first time.

In October, 1998, His Lordship Hon. Dr. Justice A.S. Anand assumed the Office of the Chief Justice of India and thus became the Patron-in-Chief of National Legal Services Authority. His Lordship Hon. Mr. Justice S.P. Bharucha, the senior-most Judge of the Supreme Court of India assumed the office of the Executive Chairman, National Legal Services Authority.

The First Annual Meet of the State Legal Services Authorities was held on 12th of September, 1998 at Vigyan Bhawan, New Delhi which was presided over by His Lordship Hon. Dr. Justice A.S. Anand, the then Executive Chairman, NALSA. His Lordship Hon. Mr. Justice S.B. Majmudar, Judge, Supreme Court of India and Chairman, Supreme Court Legal Services Committee, the Members of the Central Authority and the Executive Chairmen and Member Secretaries of the State Legal Services Authorities attended this Meet. In this Meet, the progress of on-going schemes which had been initiated by NALSA was examined and decisions of far reaching implications were taken with a view to strengthen and streamline legal aid programmes in the country. The Second Annual Meet of the State Legal Services Authorities was held at Jubilee Hall, Hyderabad on 9th of October, 1999. This Meet was inaugurated by His Lordship Hon. Dr. Justice A.S. Anand, the Chief Justice of India and Patron-in-Chief, NALSA. Hon. Mr. Justice S.P. Bharucha, Executive Chairman, NALSA delivered the keynote address. Other dignitaries present at the inaugural function included Hon. Mr. Justice S.B. Majmudar, Judge, Supreme Court of India and Chairman, Supreme Court Legal Services Committee, Hon. Mr. Justice M.S. Liberhan, Chief Justice of Andhra Pradesh High Court and Members of Central Authority.

In pursuance of the call given by His Lordship Hon. Dr. Justice A.S. Anand, the Chief Justice of India in the First Annual Meet, 9th of November is being celebrated every year by all Legal Services Authorities as "Legal Services Day".

NALSA is laying great deal of emphasis on legal literacy and legal awareness campaign. Almost all the State Legal Services Authorities are identifying suitable and trustworthy NGOs through whom legal literacy campaign may be taken to tribal, backward and far-flung areas in the country. The effort is to publicise legal aid schemes so that the target group, for whom Legal Services Authorities Act has provided for free legal aid, may come to know about the same and approach the concerned legal services functionaries.

NALSA has also called upon State Legal Services Authorities to set up legal aid cells in jails so that the prisoners lodged therein are provided prompt and efficient legal aid to which they are entitled by virtue of section 12 of Legal Services Authorities Act, 1987.

Constitution of State Legal Services Authority:

A State Authority shall consist of –

(a) the Chief Justice of the High Court who shall be the Patron-in-Chief;

(b) a serving or retired Judge of the High Court, to be nominated by the Governor, in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman; and

(c) such number of other Members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.

The State Government shall, in consultation with the Chief Justice of the High Court, appoint a person belonging to the State Higher Judicial Service not lower in rank than that of a District Judge, as the Member-Secretary of the State Authority, to exercise such powers and perform such duties under the Executive Chairman of the State Authority as may be prescribed by that Government or as may be assigned to him by the Executive Chairman of that Authority.

A person functioning as Secretary of a State Legal Aid & Advice Board immediately before the date of constitution of the State Authority may be appointed as Member-Secretary of that Authority, even if he is not qualified to be appointed as such under this sub-section, for a period not exceeding five years.

The administrative expenses of the State Authority, including the salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the State Authority shall be defrayed out of the Consolidated Fund of the State.

High Court Legal Services Committee:

The State Authority shall constitute a Committee to be called the High Court Legal Services Committee for every High Court, for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the State Authority.

The Committee shall consist of –

a) a sitting Judge of the High Court who shall be the Chairman; and

b) such number of other Members possessing such experience and qualifications as may be determined by regulations made by the State Authority, to be nominated by the Chief Justice of the High Court.

Functions of the State Authority:

It shall be the duty of the State Authority to given effect to the policy and directions of the Central Authority.

The State Authority shall perform all or any of the following functions, namely:-

a) give legal service to persons who satisfy the criteria laid down under this Act.

b) conduct Lok Adalats, including Lok Adalats for High Court cases;

c) undertake preventive and strategic legal aid programmes; and

d) perform such other functions as the State Authority may, in consultation with the Central Authority, fix by regulations.

Constitution of the District Legal Services Authority:

A District Authority shall consist of :-

a) the District Judge who shall be its Chairman; and

b) such number of other Members, possessing such experience and qualifications as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.

The administrative expenses of every District Authority, including the salaries, allowances and pensions payable to the Secretary, officers and other employees of the District Authority shall be defrayed out of the Consolidated Fund of the State.

Functions of District Authority:

The District Authority may perform all or any of the following functions, namely:-

a) co-ordinate the activities of the Taluk Legal Services Committee and other legal services in the District;

b) organise Lok Adalats within the Districts; and

c) perform such other functions as the State Authority may fix by regulations.

Constitution of the Taluka Legal Services Committee:

The Committee shall consist of –

a) the senior Civil Judge operating within the jurisdiction of the Committee who shall be the ex-officio Chairman; and

b) such number of other Members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.

Functions of Taluka Legal Services Committee:

The Taluka Legal Services Committee may perform all or any of the following functions, namely:-

a) co-ordinate the activities of legal services in the taluk;

b) organise Lok Adalats within the taluk; and

c) perform such other functions as the District Authority may assign to it.

Certain salient features of the Act are enumerated below:-

Section 2 Definitions.-

(1)(c) 'legal service' includes the rendering of any service in the conduct any case or other legal proceeding before any court or other Authority or tribunal and the giving of advice on any legal matter;

(d) 'Lok Adalat' means a Lok Adalat organised under Chapter VI;

(g) 'scheme' means any scheme framed by the Central Authority, a State Authority or a District Authority for the purpose of giving effect to any of the provisions of this Act;

(h) 'State Authority' means a State Legal Services Authority constituted under Section 6;

(2) Any reference in this Act to any other enactment or any provision thereof shall, in relation to an area in which such enactment or provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.

Section 19

1.Central, State, District and Taluk Legal Services Authority has been created who are responsible for organizing Lok Adalats at such intervals and place.

2.Conciliators for Lok Adalat comprise the following: -

a. A sitting or retired judicial officer.

b. other persons of repute as may be prescribed by the State Government in consultation with the Chief Justice of High Court.

Section 20: Reference of Cases

Cases can be referred for consideration of Lok Adalat as under:-

1. By consent of both the parties to the disputes.

2. One of the parties makes an application for reference.

3. Where the Court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat.

4. Compromise settlement shall be guided by the principles of justice, equity, fair play and other legal principles.

5. Where no compromise has been arrived at through conciliation, the matter shall be returned to the concerned court for disposal in accordance with Law.

Section 21

After the agreement is arrived by the consent of the parties, award is passed by the conciliators. The matter need not be referred to the concerned Court for consent decree.

The Act provisions envisages as under:

1. Every award of Lok Adalat shall be deemed as decree of Civil Court.

2. Every award made by the Lok Adalat shall be final and binding on all the parties to the dispute.

3. No appeal shall lie from the award of the Lok Adalat.

Section 22

Every proceedings of the Lok Adalat shall be deemed to be judicial proceedings for the purpose of :-

1. Summoning of Witnesses.

2. Discovery of documents.

3. Reception of evidences.

4. Requisitioning of Public record.

According to section 2(1) (a) of the Act, legal aid can be provided to a person for a 'case' which includes a suit or any proceeding before a court. Section 2(1) (aaa) defines the 'court' as a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi-judicial functions. As per section

2(1)(c) 'legal service' includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter.

Supreme Court On Legal Aid

The linkage between Article 21 and the right to free legal aid was forged in the decision in Hussainara Khatoon v. State of Bihar where the court was appalled at the plight of thousands of undertrials languishing in the jails in Bihar for years on end without ever being represented by a lawyer. The court declared that "there can be no doubt that speedy trial, and by speedy trial, we mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21." The court pointed out that Article 39-A emphasised that free legal service was an inalienable element of ‘reasonable, fair and just’ procedure and that the right to free legal services was implicit in the guarantee of Article 21. In his inimitable style Justice Bhagwati declared:

"Legal aid is really nothing else but equal justice in action. Legal aid is in fact the delivery system of social justice. If free legal services are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article 21 and we have no doubt that every State Government would try to avoid such a possible eventuality".

Further in the case of Hussainara Khatoon & Ors. (V) v. Home Secretary, State of Bihar, Patna Justice Bhagwati held that: "it’s the constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation, to have free legal services provided to him by the State and the State is under a constitutional mandate to provide a free lawyer to such accused person if the needs of justice so require. If free legal services are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article 21 and it is hoped that every State Government would try to avoid such a possible eventuality."

Two years thereafter, in the case of Khatri & Ors. (II) v. State of Bihar & Ors. , the court answered the question the right to free legal aid to poor or indigent accused who are incapable of engaging lawyers. It held that: "the state is constitutionally bound to provide such aid not only at the stage of trial but also when they are first produced before the magistrate or remanded from time to time and that such a right cannot be denied on the ground of financial constraints or administrative inability or that the accused did not ask for it. Magistrates and Sessions Judges must inform the accused of such rights. The right to free legal services is an essential ingredient of reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the State is under a constitutional mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so require, provided of course the accused person does not object to the provision of such lawyer. The State cannot avoid this obligation by pleading financial or administrative inability or that none of the aggrieved prisoners asked for any legal aid at the expense of the State. The only qualification would be that the offence charged against the accused is such that on conviction, it would result in a sentence of imprisonment and is of such a nature that the circumstances of the case and the needs of social justice require that he should be given free legal representation. There may, however, be cases involving offences such as economic offences or offences against law prohibiting prostitution or child abuse and the like, where social justice may require that free legal or child abuse and the like, where social justice may require that free legal services need not be provided by the State."

He reiterated this in Suk Das v. Union Territory of Arunachal Pradesh and said "It may therefore now be taken as settled law that free legal assistance at State cost is a fundamental right of a person accused of an offence which may involve jeopardy to his life or personal liberty and this fundamental right is implicit in the requirement of reasonable, fair and just procedure prescribed by Article 21." This part of the narration would be incomplete without referring to the other astute architect of human rights jurisprudence, Justice Krishna Iyer. In M.H. Hoskot v. State of Maharashtra , he declared: If a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and statutory right of appeal inclusive of special leave to appeal (to the Supreme Court) for want of legal assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39-A of the Constitution, power to assign counsel for such imprisoned individual ‘for doing complete justice

In Khatri & Others v. St. of Bihar & others Bhagmati J. observed;

Right to free legal aid, just, fail and reasonable procedures is a fundamental right (Khatoon’s Case). It is elementary that the jeopardy to his personal liberty arises as soon as the person is arrested and is produced before a magistrate for it is at this stage that he gets the 1st opportunity to apply for bail and obtain his release as also to resist remain to police or jail custody. This is the stage at which and accused person needs competent legal advice and representation. No procedure can be said to be just, fair and reasonable which denies legal advice representation to the accused at this stage. Thus, state is under a constitutional obligation to provide free to aid to the accused not only at the stage of .... Every individual of the society are entitled as a matter of prerogative.

In Indira Gandhi v. Raj Narain the Court said:

"Rule Of Law is basic structure of constitution of

India

. Every individual is guaranteed the its give to him under the constitution. No one so condemn unheard. Equality of justice. There ought to be a violation to the fundamental right or prerogatives, or privileges, only then remedy go to Court of Law. But also at the stage when he first is produced before the magistrate. In absence of legal aid, trial is vitiated."

In, State of Haryana v. Darshana Devi, the Court said that:

"the poor shall not be priced out of the justice market by insistence on court-fee and refusal to apply the exemptive provisions of order XXXIII, CPC. The state of Haryana, mindless of the mandate of equal justice to the indigent under the magna carta of republic, expressed in article 14 and stressed in article 39A of the constitution, has sought leave to appeal against the order of the high court which has rightly extended the 'pauper' provisions to auto-accident claims. Order XXXIII will apply to tribunals, which have the trappings of the civil court.

Civil procedure code, 1908 - order XXXIII, rule 9A - it is a public duty of each great branch of government to obey the rule of law and uphold the tryst with the constitution by making rules to effectuate legislation meant to help the poor.

The court should expand the jurisprudence of access to justice as an integral part of social justice and examine the constitutionalism of court-fee levy as a facet of human rights highlighted in nation's constitution. If the state itself should travesty this basic principle, in the teeth of articles 14 and 39A, where an indigent widow is involved, a second look at its policy is overdue. The court must give the benefit of doubt against levy of a price to enter the temple of justice until one day the whole issue of the validity of profit-making through sale of civil justice, disguised as curt-fee, is fully reviewed by the supreme court. Before parting with this point the court must express its poignant feeling that no state has, as yet, framed rules to give effect to the benignant provision of legal aid to the poor in order xxxiii, rule 9A, civil procedure code, although several years have passed since the enactment. Parliament is stultified and the people are frustrated. Even after a law has been enacted for the benefit of the poor, the state does not bring into force by wilful default in fulfilling the conditio sine qua non. It is a public duty of each great branch of government to obey the rule of law and uphold the tryst with the constitution by making rules to effectuate legislation meant to help the poor. It is a public duty of each great branch of government to obey the rule of law and uphold the tryst with the constitution by making rules to effectuate legislation meant to help the poor."

Justice Bhagwati while delivering the judgement in the case of Kara Aphasia v. State of Bihar, where the petitioners were young boys of 12-13 years when arrested, and were still languishing in jail for over 8 years. They also alleged to have been kept in leg irons and forced to do work outside the jail, directed that the petitioners must be provided legal representation by a fairly competent lawyer at the cost of the State, since legal aid in a criminal case is a fundamental right implicit in Article 21.

In Centre for Legal Research & Anr. v. State of Kerala , Chief Justice Bhagwati took a step further and laid down norms or guide-lines laid down for State to follow in giving support and cooperation to voluntary organizations and social action groups in operating legal aid programmers and organizing legal aid camps and lok adalats or niti melas.

While delivering the judgment Bhagwati, C.J., stated that the writ petition raised a question as to whether voluntary organizations or social action groups engaged in the legal aid programmed should be supported by the State Government and if so to what extent and under what conditions.

"There can be no doubt that if the legal aid programme is to succeed it must involve public participation. The State Government undoubtedly has an obligation under Article 39-A of the Constitution which embodies a directive principle of State policy to set up a comprehensive and effective legal aid programme in order to ensure that the operation of the legal system promotes justice on the basis of equality. But we have no doubt that despite the sense of social commitment which animates many of our officers in the Administration, no legal aid programme can succeed in reaching the people if its operations remains confined in the hands of the Administration. It is absolutely essential that people should be involved in the legal aid programme because the legal aid programme is not charity or bounty but it is a social entitlement of the people and those in need of legal assistance cannot be looked upon as mere beneficiaries of the legal aid programme but they should be regarded as participants in it. If we want to secure people's participation and involvement in the legal aid programme, we think the best way of securing it is to operate through voluntary organizations and social action groups. These organizations are working amongst the deprived and vulnerable sections of the community at the grass-root level and they know what are the problems and difficulties encountered by these neglected sections of Indian humanity. It is now acknowledged throughout the country that the legal aid programme which is needed for the purpose of reaching social justice to the people cannot afford to remain confined to the traditional or litigation oriented legal aid programme but it must, taking into account the socio-economic conditions prevailing in the country, adopt a more dynamic posture and take within its sweep what we may call strategic legal aid programme camps, encouragement of public interest litigation and holding of lok adalats or niti melas for bringing about settlements of disputes whether pending in courts or outside. The assistance of voluntary agencies and social action groups must therefore be taken by the State for the purpose of operating the legal aid programme in its widest and most comprehensive sense, and this is an obligation which flows directly from Article 39-A of the Constitution. It is also necessary to lay down norms which should guide the State in lending its encouragement and support to voluntary organizations and social action groups in operating legal aid programmes and organizing legal aid camps and lok adalats or niti melas. We are of the view that the following norms should provide sufficient guidance to the State in this behalf and we would direct that the State Government shall, in compliance with its obligations under Article 39-A of the Constitution extend its cooperation and support to the following categories of voluntary organizations and social action groups in running the legal aid programme and organizing legal aid camps and lok adalats or niti melas."

Recent Amendments To Made To The Legal Services Authorities Act, 1987

The Legal Services Authorities Act, 1987 was enacted to constitute legal services authorities for providing free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice were not denied to any citizen by reason of economic or other disabilities and to organize Lok Adalats to ensure that the operation of the legal system promoted justice on a basis of equal opportunity. The system of Lok Adalat, which is an innovative mechanism for alternate dispute resolution, has proved effective for resolving disputes in a spirit of conciliation outside the courts.

However, the major drawback in the existing scheme of organization of the Lok Adalats under Chapter VI of the said Act is that the system of Lok Adalats is mainly based on compromise or settlement between the parties. If the parties do not arrive at any compromise or settlement, the case is either returned to the court of law or the parties are advised to seek remedy in a court of law. This causes unnecessary delay in the dispensation of justice. If Lok Adalats are given power to decide the cases on merits in case parties fails to arrive at any compromise or settlement, this problem can be tackled to a great extent. Further, the cases which arise in relation to public utility services such as Mahanagar Telephone Nigam Limited, Delhi Vidyut Board, etc., need to be settled urgently so that people get justice without delay even at pre-litigation stage and thus most of the petty cases which ought not to go in the regular courts would be settled at the pre-litigation stage itself which would result in reducing the workload of the regular courts to a great extent. It is, therefore, proposed to amend the Legal Services Authorities Act, 1987 to set up Permanent Lok Adalats for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to public utility services.

The salient features of the amendment are as follows:

1) to provide for the establishment of Permanent Lok Adalats which shall consist of a Chairman who is or has been a district judge or additional district judge or has held judicial office higher in rank than that of the district judge and two other persons having adequate experience in public utility services;

2) the Permanent Lok Adalat shall exercise jurisdiction in respect of one or more public utility services such as transport services of passengers or goods by air, road and water, postal, telegraph or telephone services, supply of power, light or water to the public by any establishment, public conservancy or sanitation, services in hospitals or dispensaries; and insurance services;

3) the pecuniary jurisdiction of the Permanent Lok Adalat shall be up to rupees ten lakhs. However, the Central Government may increase the said pecuniary jurisdiction from time to time. It shall have not jurisdiction in respect of any matter relating to an offence not compoundable under any law;

4) it also provides that before the dispute is brought before any court, any party to the dispute may make an application to the Permanent Lok Adalat for settlement of the dispute;

5) where it appears to the Permanent Lok Adalat that there exist elements of a settlement, which may be acceptable to the parties, it shall formulate the terms of a possible settlement and submit them to the parties for their observations and in case the parties reach an agreement, the Permanent Lok Adalat shall pass an award in terms thereof. In case parties to the dispute fail to reach an agreement, the Permanent Lok Adalat shall decide the dispute on merits; and

6) every award made by the Permanent Lok Adalat shall be final and binding on all the parties thereto and shall be by a majority of the persons constituting the Permanent Lok Adalat.

Legal Aid Under C.P.C And Cr.P.C

Under Sec. 304 of Criminal Procedure Code:

Legal aid to accused at State expense in certain cases.

(1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the court that the accused has not sufficient means to engage a pleader, the court shall assign a pleader for his defence at the expense of the State.

(2) The High Court may, with the previous approval of the State Government make rule providing for-

(a) The mode of selecting pleaders for defence under sub-section (2);

(b) The facilities to be allowed to such pleaders by the courts;

(3) The State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other courts in the State as they apply in relation to trials before the Courts of Session.

Under Order 33, rule 17 of CPC: - Suit by or against an indigent person. When a plaint along with petition, that person unable to avail services of an lawyer, then court exempts him from court fees.

ORDER XXXIII. SUITS BY INDIGENT PERSONS

1. Suits may be instituted by in by indigent person.

Subject to the following provisions, any suit may be instituted by an indigent person

Explanation I—A person is an indigent person,—

(a) if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or

(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.

Explanation II—Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.

Explanation II—Where the plaintiff sued in a representative capacity, the question whether he is an indigent person shall be determined with reference to the means possessed by him in such capacity.

HIGH COURT AMENDMENTS

Bombay.-In Order XXXIII, in rule 1, for Explanation I, substitute the following Explanation, namely:-

"Explanation 1.-A person shall be deemed to be an indigent person if he is not possessed to means exceeding rupees one thousand in value or where he is possessed of means exceeding one thousand rupees in value, the same are not sufficient to enable him to pay fees prescribed by law for the plaint. For the purposes of this Explanation the means which a person is possessed of shall be deemed not to include property exempt from attachment in execution of a decree and the subject-matter of the suit." (w.e.f. 1-10-1983)

Kerala.-In Order XXXIII, in rule 1,-

(i) for Explanations, substitute the following Explanations, namely:-

Explanation 1.-A person is a pauper when he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit,

Explanation 11,-Where the plaintiff sues in a representative capacity the question of pauperism shall be determined with reference to the means possessed by him in such capacity," (w.e.f. 9-6-1959)

Ed.-This amendment relates to rule 1 prior to its amendment made by the Central Act 104 of 1976, sec. 81 (w.e.f. 1-2-1977).

1A. Inquiry into the means of an indigent person

Every inquiry into the question whether or not a person is an indigent person shall be made, in the first instance, by the chief ministerial officer of the Court, unless the Court otherwise directs, and the Court may adopt the report of such officer as its own finding or may itself make an inquiry into the question.

2. Contents of application

Every application for permission to sue as an indigent person shall contain the particulars required in regard to plaints in suits: a schedule of any movable or immovable property belonging to the applicant, with the estimated value thereof, shall be annexed thereto; and it shall be signed and verified in the manner prescribed for the signing and verification of pleadings.

3. Presentation of application

Notwithstanding anything contained in these rules, the application shall be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, in which case the application may be presented by an authorized agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person:

Provided that, where there are more plaintiffs than one, it shall be sufficient if the application is presented by one of the plaintiffs.

HIGH COURT AMENDMENTS

Allahabad.-In Order XXXIII, in rule 3, after the words "unless he is exempted from appearing in Court", insert the words "or detained in prison".

[Vide Notification No. 2457/35 (a)-1, dated 8th May, 1937.]

Andhra Pradesh.-Same as in Madras.

Karnataka.-Same as in Madras, (w.e.f. 30-3-1967)

Kerala.-In Order XXXIII, in rule 3, insert the following Explanation namely:-

"Explanation,-Where there are more applications than one presentation by one shall be deemed to be sufficient compliance with the provisions of the rule." (w.e.f. 9-6-1959)

Madras.-In Order XXXIII, in rule 3, at the end, insert the following words, namely:-

“The High Court may by general or special order exempt any person or class of persons from the obligation to present in person an application for permission to sue as a pauper.”

4. Examination of applicant

(1) Where the application is in proper form and duly presented, the Court may, if it thinks fit, examine the applicant, or his agent when the applicant is allowed to appear by agent, regarding the merits of the claim and the property of the applicant.

(2) If presented agent, Court may order applicant to be examined by commission—Where the application is presented by an agent, the Court may, if it thinks fit, order that the applicant be examined by a commission in the manner in which the examination of an absent witness may be taken.

5. Rejection of application

The Court shall reject an application for permission to sue as an indigent person—

(a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or

(b) where the applicant is not an indigent person, or

(c) where he has, within two months next before the presentation of the application disposed of any property fraudulently or in order to be able to apply for permission to sue as an indigent person:

Provided that no application shall be rejected if, even after the value of the property disposed of by the applicant is taken into account, the applicant would be entitled to sue as an indigent person, or

(d) where his allegations do not show a cause of action, or

(e) where he has entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter, or

(f) where the allegations made by the applicant in the application show that the suit would be barred by any law for the time being in force, or

(g) where any other person has entered into an agreement with him to finance the litigation.

HIGH COURT AMENDMENTS

Allahabad.-In Order XXXIII, in rule 5,-

(a) in clause (a), between the figure "3" and the word ", or" insert the words "and the applicant on being required by the Court to make any amendment within a time to be fixed by the Court, fails to do so".

(b) at the end of the rule, insert the following Explanation, namely:-

"Explanation.-An application shall not be rejected under clause (d) merely on the ground that the proposed suit appears to be barred by any law." (w.e.f. 15-4-1933)

Andhra Pradesh.-In Order XXXIII, in rule 5, for clause (d), substitute the following clause, namely:-

"(d) where the allegations in the application show that suit is barred by law or do not show a cause of action, or".

Karnataka.-In Order XXXIII, in rule 5, in clause (a), between the figure "3" and the word ", or" add the words "and the applicant when required by the Court to rectify the defect within a time to be fixed by the Court fails to do so, or", (w.e.f. 30-3-1967}

Kerala.-In Order XXXIII, in rule 5, after clause {d}, insert the following clause, namely:-

"(d1) Where the suit appears to be barred by any law, or", (w.e.f. 9-6-1959)

Madras.-In Order XXXIII, in rule 5, for clause (d), substitute the following clauses, namely:-

"(d) where the allegations do not show a cause of action, or

(d1) where the suit appears to barred by any law, or" (w.e.f. 22-10-1940)

6. Notice of day for receiving evidence of applicant's indigency

Where the Court sees no reason to reject the application on any of the grounds stated in rule 5, it shall fix a day (of which at least ten day's clear notice shall be given to the opposite party and the Government pleader) for receiving such evidence as the application may adduce in proof of his indigency, and for hearing any evidence which may be adduced in disproof thereof.

HIGH COURT AMENDMENTS

Andhra Pradesh.-In Order XXXIII, for rule 6, substitute the following rule, namely:- "6. Where the Court sees no reason to reject the application on the grounds stated in clauses (a) and {d) of rule 5, it shall fix a day (of which at least ten days' clear notice shall be given to the opposite party and the Government Pleader) for receiving evidence from the parties including the Government Pleader with regard to the matters specified in clauses (b), (c) and (e) of rule (5)." (w.e.f. 4-3-1975)

Karnataka, Kerala and Madras:-In Order XXXIII, for rule 6, substitute the following rule, namely:-

"6. Notice of day for inquiring into the applicants right to sue as pauper.-Where the Court sees no reason to reject the application on any of the grounds stated in rule 5, it shall nevertheless fix a day of which at least ten days' clear notice shall be given to the opposite party and to the G.P. for receiving such evidence as the applicant may adduce to prove that the application is not subject to any of the prohibitions in rule 5 and for hearing any evidence which may be adduced to the contrary." (w.e.f. 9-6-1959).

7. Procedure at hearing

(1) On the day so fixed or as soon thereafter as may be convenient the Court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make a full record of their evidence.

(1A) The examination of the witnesses under sub-rule (1) shall be confined to the matters specified in clause (b), clause (c) and clause (e) of rule 5 but the examination of the applicant or his agent may relate to any of the matters specified in rule 5.

(2) The Court shall also hear any argument which the parties may desire to offer on the question whether, on the face of the application and of the evidence (if any) taken by the Court under rule 6 or under this rule, the applicant is or is not subject to any of the prohibitions specified in rule 5.

(3) The Court shall then either allow or refuse to allow the applicant to sue as an indigent person.

HIGH COURT AMENDMENTS

Andhra Pradesh.-Same as in Madras.

Karnataka,-Same as in Madras, (w.e.f. 30-3-1967)

Kerala.-In Order XXXIII, in rule 7, in sub-rule (3), at the end, substitute a comma for the full stop and insert the words "or direct that the application be filed as a plaint on the applicant paying the requisite Court-fee within thirty days or such reasonable time as the Court may fix." (w.e.f. 9-6-1959)

Madras.-In Order XXXIII, in rule 7, after sub-rule (3), insert the following as sub-rule, namely:-

"(4) Where the application is for leave to sue in a representative capacity under Explanation (iii) to rule 1, or under sections 91, 92 or under Order 1, rule 8 the Court may, if it thinks fit for reasons to be recorded in writing, direct that the plaintiff shall give security for the payment of Court-fee."

8. Procedure if application admitted

Where the application is granted, it shall be numbered and registered, and shall be deemed the plaint in the suit, and the suit proceed in all other respects as a suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay any court-fee or fees payable for service of process in respect of any petition, appointment of a pleader or other proceeding connected with the suit.

9. Withdrawal of permission to sue as an indigent person

The Court may, on the application of the defendant, or of the Government pleader, of which seven days' clear notice in writing has been given to the plaintiff, order that the permission granted to the plaintiff to sue as an indigent person be withdrawn—

(a) if he is guilty of vexatious or improper conduct in the course of the suit;

(b) if it appears that his means are such that he ought not to continue to sue as an indigent person; or

(c) if he has entered into any agreement with reference to the subject-matter of the suit under which any other person has obtained an interest in such subject-matter.

HIGH COURT AMENDMENT

Orissa.-In Order XXVIII, in rule 9,-

(i) in clause (c), at the end, insert the word "or";

(ii) after clause (c), inert the following clause, namely:-

"(d) if he has entered into an arrangement with any other person to finance the litigation."

9A. Court to assign a pleader to an unrepresented indigent person

(1) Where a person, who is permitted to sue as an indigent person, is not represented by a pleader, the Court may, if the circumstances of the case so require, assign a pleader to him.

(2) The High Court may, with the previous approval of the State Government, make rules providing for—

(a) the mode of selecting pleaders to be assigned under sub-rule (1);

(b) the facilities to be provided to such pleaders by the Court;

(c) any other matter which is required to be or may be provided by the rules for giving effect to the provisions of sub-rule (1).

HIGH COURT AMENDMENTS

Bombay.-In exercise of the powers conferred by sub-rule (2) of rule 9A of Order XXXIII, of the Code of Civil Procedure, 1908, the High Court of Judicature at Bombay with the previous approval of the Government of Maharashtra, makes the following rules for assignment of a pleader to an unrepresented indigent:-

1. Short title and commencement.-These rules may be called Assignment of a Pleader to an Unrepresented Indigent Person (Maharashtra) Rules, 1980.

2. Definitions.-In these rules, unless the context otherwise requires;

(a) 'High Court' means the High Court of Judicature at Bombay;

(b) 'Pleader assigned' means a Pleader assigned under these rules to represent an indigent person;

(d) 'Constituting Authority' means the authority empowered under these rules to constituting the panel.

3. The authority referred to in column No. 1 below shall continue panel of pleaders willing to appear for an unrepresented indigent person in civil proceedings in Courts referred to in column No. 2 against them:

	Name of Constituting Authority	Name of the Court for which panel to be constituted
1	Prothonotary and Senior Master High Court, Original Side, Bombay.	High Court, Original Side, Bombay.
2	Registrar, High Court, Appellate Side, Bombay.	High Court, Appellate Side, Bombay.
3	Special Officer, Nagpur.	High Court Bench at Nagpur.
4	District Judge.	Courts at District Headquarters.
5	Principal Judge, Bombay City Civil Court.	Bombay City, Civil Court.
6	Chief Judge, Small Causes Court senior most Judge at the Station.	Small Causes Court, Bombay for Courts outside District Headquarters.

Provided that the panel constituted by the senior most Judge outside the District Headquarters shall be subject to the previous approval of the District Judge.

4. The Constituting Authority shall prepare the panel in consultation with the President of the Bar Association, and if there be no Bar Association, in consultation with the pleaders practising in the Court for which panel is constituted.

5. Eligibility.-A pleader with a standing of not less than three years at the Bar shall be eligible for being taken on the panel.

6. Removal.-The Constituting Authority may strike off the name of a pleader from the panel when the pleader ceases to practice due to any reason or when he intimates his unwillingness in writing under rule 15 or when the Constituting Authority finds that the pleader after accepting a engagement neglects or refuses to discharge his duties. Before striking off a name for neglect or refusing to discharge duties properly, the Constituting Authority shall give an opportunity to the pleader to be heard.

7. Revision of Panel.-The Constituting Authority may add to the panel names of pleaders after following the procedure referred to in rule 4 as and when it deems necessary to do so.

8. When a pleader is to be assigned to an unrepresented indigent person such assignment shall be made from out of the panel by the Court concerned.

9. The pleader assigned shall not refuse assistance to the indigent person unless the Court is satisfied that he has good reasons for so refusing.

10. The Court may for sufficient reasons permit the pleader assigned, to withdraw from the proceeding and assign another to represent the indigent person. On such permission for withdrawal being granted, the pleader original assigned, shall hand over the papers relating to the proceeding to the pleader assigned subsequently.

11. The Court or Constituting Authority at any time if deemed proper may call for a report from the pleader assigned, regarding the progress of the suit or proceedings entrusted to him.

12. The pleader assigned shall take care that no notice is served, summons issued or petition presented without good cause in prosecution of the indigent person's cause.

13. Whilst a person sues or defends as an indigent person, the pleader assigned shall not take or agree to take or seek to obtain from him or any other person any fee, pro/it or reward for the conduct of his useness in the Court:

Provided that notwithstanding anything herein contained, the Court of a Judge shall have power to award costs against the adverse party or out of the property recovered in the suit and to direct payment thereof to the pleader assigned.

14. The pleader assigned the case under these rules shall be paid the fees in various Courts at the rates mentioned below:

(a)	In all legal proceedings in the High Court at Bombay and Nagpur and in City Civil Court in Bombay.	Rs. 50 per day subject to maximum of Rs. 150 in any one case.
(b)	In all proceedings in Courts at District Headquarters and in Small Causes Courts in Bombay, Puna and Nagpur.	Rs. 25 per day subject to a maximum of Rs. 100 in any one case.
(c)	In all proceedings in Courts in Taluka.	Rs. 15 per day subject to a maximum of Rs. 50 in any one case.

The expenditure on this account shall be met from budget grants sanctioned under budget head 214-Administration of Justice Legal Advisers and Counsel-M (i) and M (ii).

15. Intimation of unwillingness to continue on panel.-The pleader taken on the panel may if he so desire intimate in writing his unwillingness to continue to be on the panel and on receipt of such intimation, his name shall be deleted from the panel provided that Constituting Authority may request the pleader assigned to continue to represent the indigent person in the matters assigned. (By order of the Hon'ble the Chief Justice and Judges)

[Vide Mah. Gazette Pt. IV-Ka, dated 18-9-1980.]

Calcutta.-In exercise of the powers conferred by article 227 (2) (b) of the Constitution of India and by sub-rule (2) of rule 9A of Order XXXIII of the Code of Civil Procedure the High Court of Calcutta, with the approval of the Government of West Bengal has framed the following rules which are published for general information:

Rules under Order XXXIII, rule 9A (2) of the Code of Civil Procedure:

1. (a) For the purpose of selection of pleaders to be assigned under sub-rule (1) of rule 9A of Order XXXIII of the Code the District Judge in consultation with the senior most judicial officers of the outlying stations shall prepare and maintain a panel of pleaders for (a) the district headquarters, and (b) the outlying stations.

The District Judge in his discretion may also consult the President of the Civil Bar Association.

(b) The panel to be proposed under sub-rule (1) shall be in two parts. The first part of the panel shall contain the names of suitable advocates who offer themselves to appear for the undefended indigent persons without charging any fee and part two thereof shall have the names of such advocates as are willing to appear for such persons at State expense.

(c) An advocate who has been in practice for not less than five years in the Civil Courts and whose name has been entered on the rolls of Bar Counsel of West Bengal shall be eligible for being brought on the panel of pleaders.

(d) The District Judge shall revise the panel every two years in consultation with the senior most judicial officers of the outlying stations.

(e) The District Judge shall circulate the panel to all the Civil Courts in the District.

(f) No assignment shall be made to any pleader whose name does not appear in the panel.

2. In any case where it is decided to assign a pleader under Order XXXIII of the Code, every Court trying a cause (hereinafter called "the Court") shall endeavour in the first instance to select a suitable advocate from that part of the panel which comprises the name of advocates willing to appear for undefended indigent persons without charging any fee. In case where it is not possible to assign a pleader, free of charges, the Court may assign a pleader at State expense.

3. The Court shall have power to terminate the assignment of a panel pleader for sufficient reasons to be recorded in writing and to make fresh assignment of another panel pleader in his place:

Provided that a pleader engaged by the Court shall retire from the trial if and when the indigent person engages lawyer at his own expense.

4.(1) A common register of the panel pleaders to be assigned for undefended indigent persons at State expense shall be maintained at each station showing: (a) name of the pleader; {b) date of assignment; (c) Court by which assigned; (d) No. of the case; (e) No. of days of work; (f) fees paid.

(2) A statement containing the particulars to be entered in the register shall be sent to the District Judge by each Court after conclusion of every trial in which a panel pleader is assigned at State expense.

(3) Every Court at a station shall, before selecting a panel pleader call for and consult the common register in order to ensure an even distribution of assignments amongst such panel pleaders.

5. The ordinary fees payable to a panel pleader assigned at State expense shall not be less than Rs. 50 and not more than Rs. 300 for the entire case at the discretion of the Presiding Officer of the Court.

6. Any vacancy in the panel due to death, incapacity, resignation or any other cause may be filled up by the District Judge in the manner provided in rule 1.

7. All panel pleaders engaged at State expense shall maintain in duplicate a monthly Register of Work in the form prescribed in the Schedule in loose sheets, one sheet being used for each separate case in which the pleader appears and the

initial of the Presiding Officer shall be taken daily in the appropriate column. After the disposal of each case in which he appears he shall obtain the signature of the Presiding Officer to the certificate of correctness on the sheet showing the work done in his Court. The duplicate of such sheet shall be preserved in the office of the District Judge for two years from the date of sanction of the bill.

8. As early possible after the delivery of the judgment of the cases the panel pleader shall submit to the Presiding Officer a bill in the prescribed form for the work done supported by the sheet of the Register of Work containing the certificate of the Presiding Officer.

9. The bill shall be checked with the Register of Work by the Chief Ministerial Officer, who shall certify its correctness, endorse the relevant sheet as checked; with his initial and obtain the signature of the Presiding Officer. The bill and Register of Work shall then be submitted to the District Judge for passing and after satisfying ,r himself as to the correctness thereof, he shall pass the bill for payment.

10. The District Judge shall be Controlling Officer for payment and audit of all fees payable to panel pleaders engaged at State expense in the Civil Courts in his District.

SCHEDULE

FORM I

(Rule 7)

Register of Work

Date	No. and nature of case	Actual daily duration of hearing	Full or half day	Serial No. of consecutive days of hearing	Initial of Presiding Officer
(1)	(2)	(3)	(4)	(5)	(6)

Total number of days:

Certified correct

Signature of Presiding Officer

Date:

FORM II

(Rule 8)

Bill. of fee due to........... in.... .......No.......... ....of the Court of...............

Date	Register of Works No.	Full or half day	Amount of fee charged	Remarks
(1)	(2)	(3)	(4)	(5)

Total .............Rupees.............Paise.............only

Verified with the Register

of Work as correct

Signature of Chief Ministerial

Passed for Rupees............. (in words and figures)

Officer with date

Signature of Presiding Officer with date

District Judge

(Appellate Side : 15425, dated 22nd November, 1979)

Haryana.-The following rules have been framed for regulating the appointment of pleaders to represent indigent persons in civil suits:-

LEGAL AID TO INDIGENT PERSONS (PUNJAB, HARYANA AND CHANDIGARH ADMINISTRATION) RULES, 1981

PART I

1. Short title and commencement-(1) The rules may be called the Legal Aid to the Indigent Persons {Punjab, Haryana and Chandigarh Administration) Rules, 1981

(2) These rules shall come into force from the date of their publication in the Official Gazette.

2. Definitions.-In these rules, unless the context otherwise requires,-

(a) 'High Court' means the High Court of Punjab and Haryana at Chandigarh;

(b) 'Pleader' includes any person whose name is entered on the rolls of the Bar Council of Punjab and Haryana maintained under the Advocates Act, 1961 and the rules framed thereunder;

(c) 'List' means the list of advocates prepared and maintained by District Judge separately for cash sub-division of the District under these rules, willing to appear for the undefined indigent persons in civil suits at State expense or free of charge.

(d) 'Code' means the Code of Civil Procedure, 1908, as amended from time to time.

PART II

3. Assignment of advocates for indigent persons.-(1) Where a person who is permitted by a Court to sue as an indigent person under sub-rule (3) of Rule 7 of Order XXXIII of the Code, is not presented by a pleader, the Presiding Officer of the Court shall, if the circumstances of the case so required, assign a pleader to him from the list.

(2) In any case where it is decided to assign a pleader under sub-rule (1), the Court shall endeavour in the first instance to select a suitable advocate from that part of the list which comprises the names of advocates, if any, willing to appear for undefended indigent persons without charging any fee.

PART III

4. Preparation of list.-(1) The District Judge shall prepare and maintain a list of 5 to 15 suitable advocates willing to appear for the undefended indigent persons at the state expense or without charging any fee separately for each sub-division of the district in relation to which he exercises jurisdiction, after consultation with the senior most Judicial Officer for the time being posted at the headquarters of each such sub-division and the president of the Bar Association of that place.

(2) The list to be prepared and maintained under sub-rule (1) shall be in two parts. The first part of the list shall contain the names of suitable advocates, who offer themselves to appear for the undefended indigent persons without charging any fee and part two thereof shall have the names of such advocates as are willing to appear for such persons at State expense and are selected for the purpose.

(3) An advocate with a standing of not less than five years at the Bar shall be eligible for being brought on the list under sub-rule (1). The District Judge shall so far as may be, persuade competent senior lawyers to enlist themselves for representing indigent persons without charging any fee.

(4) The District Judge shall revise the list in the month of December in each year.

(5) The District Judge, shall in the month of January in each year, communicate the names of the advocates on the list maintained for each sub-division of his District (s) to the High Court in the following form:- "j-

(1) Name of the advocate

(2) Date of birth

(3) Qualification: University degrees Distinctions earned in Law (if any)

(4) Date of enrolment at the Bar.

(5) Place of practice.

(6) Length of actual practice.

(7) General reputation and standing at the Bar.

(8) The Registrar shall cause the names on the list for each district to be entered separately in a Register.

(9) The District Judge or the High Court may strike off the name of any advocate from the list without assigning any reason.

PART IV

5. Facilities to advocates selected from the list.-

(1) Where an advocate is assigned to represent, indigent persons at State expense or otherwise, the Court shall allow a period of at least seven days to the advocate to prepare the brief and shall adjourn the hearing of the case for that purpose.

(2) The Court shall allow, free of cost, inspection of the records of the case by the advocate so assigned.

PART V

6. Scale of fees.-(1) The ordinary fee payable to an advocate assigned to represent an indigent person at State expense, shall not be less than Rs. 50 and not more than Rs. 300 for the entire case, at the discretion of the presiding officer of the Court.

(2) In special cases the District Judge may add any reasonable amount not exceeding Rs. 100 to the ordinary fee allowed by sub-rule (1) with the prior approval of the High Court.

(3) No fee shall be payable for the day on which the case is adjourned without any proceeding being taken by the Court, except at the first hearing of the case: Providing that if an advocate assigned to represent an indigent person is required to retire at any time after the engagement of an advocate by the indigent person at his own expense, he shall be entitled to get a fee of Rs. 50 as compensation.

7. Maintenance of Diary by Advocates engaged at State expense.-An advocate engaged to represent an indigent person in any Court subordinate to the High Court at State expense shall, at the conclusion of each day of hearing in the case, prepare and submit for counter signatures by the Presiding Officer of the Court a diary containing following details fully set out:-

Date	The name and title of the case	Name of the party represented	Duration of hearing	Work done	Signature of the Presiding Officer	Remarks

8. Payment of fees.-(1) The District Judge shall be the controlling Officer for the payment and audit of all fees due to advocates engaged to represent indigent persons in Courts subordinate to the High Court.

(2) The advocates listed shall submit their bills to the District Judge within one month of the disposal °f me case by the Court.

[Vide Notification No, 70/p3/CA./5/1908-R9A/Order/XXXIII, dated 7th May, 1981, published in Haryana Gazette, L.S. pp. 509-511, dated 19th May, 1981.]

Himachal Pradesh.-The following rules have been made for regulating the appointment of, Pleaders to represent indigent persons in civil suits, namely:-

LEGAL AID TO INDIGENT PERSONS (HIMACHAL PRADESH HIGH COURT) RULES, 1979.

PART I

1. Short title and commencement.-(1) These rules may be called the Legal Aid to the Indigent Persons (Himachal Pradesh High Court) Rules, 1979.

(2) These rules shall come into force with immediate effect.

2. Definitions.-In these rules, unless the context otherwise requires.-

(a) "High Court" means the High Court of Himachal Pradesh at Simla;

(b) "Pleader" includes any person whose name is entered on the rolls of the Bar Council of Himachal Pradesh maintained under the Advocates Act, 1961, and the Rules framed thereunder;

(c) "List" means the list of advocates prepared and maintained by the District Judge separately for each Sub-Division of the District under these rules, willing to appear for the undefended indigent persons in civil suits at State expense or free of charges;

(d) "Code" means the Code of Civil Procedure, 1908, as amended from time to time.

PART II

3. Assignment of advocate for indigent persons.-

(1) Where a person who is permitted by a Court to sue or a person who desires to plead a set off or counter claim in a suit filed against him as an indigent person under sub-rule (3) of Rule 7 and Rule 17, respectively, of Order XXXIII of the Code, is not represented by a pleader the Presiding Officer of the Court shall if the circumstances of the case so required, assign a pleader to him from the list

(2) In any case where it is decided to assign a pleader under sub-rule (1), the Court shall endeavour in the first instance to select a suitable advocate from the first part of the list mentioned in sub-rule (4) of Part III, failing which the persons from the Part II of the list will be appointed.

PART III

4. Preparation of list.-

(1) The District Judge shall prepare and maintain a list of 3 to 10 suitable advocates willing to appear for the undefended indigent persons at the State expense or without charging any fee separately for each Sub-Division of the District in relation to which he exercises jurisdiction, after consultation with the senior most judicial officer for the time being posted at the headquarters of each such sub-division and the President of the Bar Association of that place.

(2) The list to be prepared and maintained under sub-rule (1) shall be in two parts. The first part of the list shall contain the names of suitable advocates who offer themselves to appear for the undefended indigent person (s) without charging any fee and part two thereof shall have the names of such advocates as are willing to appear for such persons at State expense and are selected for the purpose.

(3) An advocate with a standing of not less than three years at Bar shall be eligible for being brought on the list under sub-rule (1). The District Judge shall, so far as may be, persuade competent senior lawyers to enlist themselves for representing indigent persons without charging any fee.

(4) The District Judge shall revise the list in the month of December in each year.

(5) The District Judge shall in the month of January in each year, communicate the names of the advocates on the list maintained for each Sub-Division of his District(s) to the High Court in the following form:-

(1) Name of the Advocate.

(2) Date of birth.

(3) Qualification: University Degrees: Distinctions earned in law (if any)

(4) Date of enrolment at the Bar.

(5) Length of actual practice.

(6) The Registrar shall cause the names on the list for each district to be entered separately in a Register.

(7) The District Judge or the High Court may strike off the name of any advocate from the list without assigning any reason..

PART IV

5. Facilities to advocates selected from the list.-(1) Where an advocate is assigned to represent an indigent person at State expense or otherwise, the Court shall allow a period of at least sev.en days to the advocates to prepare the brief and shall adjourn the hearing of the case for that purpose.

(2) The Court shall allow free of costs inspection of the records of the case by the advocate so assigned,

(3) The Court, where the deposition of witness is recorded by a stenographer during trial shall, supply copies of such depositions to the advocate so appointed free of cost.

PART V

6. Scale of fees.-The ordinary fee payable to an advocate assigned to represent an indigent person at State expense, shall not be less than Rs. 50 and not more than Rs. 300 for the entire case, at the discretion of the Presiding Officer of the Court.

(2) In special cases, the District Judge may add any reasonable amount to the ordinary fee allowed by sub-rule (1) with the prior concurrence of the High Court.

(3) If an advocate assigned to represent an indigent person is required to retire at any time after the engagement of an advocate by the indigent person at his own expense, he shall be entitled to get the minimum of the amount of fee fixed under sub-rule (1) above as compensation, or such other amount as the Presiding Officer in his discretion may allow subject to maximum fixed in sub-rule (1).

7. Maintenance of diary by advocates engaged at State expense.-An advocate engaged to represent an indigent person in any court subordinate to the High Court at State expense shall, at the conclusion of each day of hearing in the case, prepare and submit for counter-signatures by the Presiding Officer of the Court a diary containing following details fully set out:--

Date	The name and title of the case	Name of the party	Duration of hearing	Work done	Signature of the Presiding Officer	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)

8. Payment of fees.-(1) The District Judge shall be the controlling officer for the payment and audit oft all fees due to advocates engaged to represent indigent persons in courts subordinate to the High Court.

The fee shall be debitable to the major Head "214-Administration of Justice Civil and Session Courts payment of Professional and Special Services."

(2) The advocates shall submit their bills to the District Judge within one month of the disposal of the case by the Court or such other extended time the District Judge may allow.

PART VI

9. Recovery of fee.-(1) Where an indigent person succeeds in the suit or counter-claim filed by him and is awarded costs, the Court shall direct that the pleader's fee paid to advocate under Rule 3 of the sub-rule (1) of Part II shall be included in the memo of costs appended to the decree-sheet and that amount shall be ordered to be recovered from the said person and the said amount shall be the first charge on the subject-matter of the decree.

(2) The amount of fee recovered shall be deposited in the government account under the proper head of 'Receipts'.

(3) The District Judge shall submit to the High Court quarterly statement regarding the amount so recovered under Rule 9 (1) with particulars of the case.

[vide Notification No. HHC Admn. 22(6)/78, dated 6th November, 1979, Published in Himachal Pradesh Gazette, Pt. III, dated 15th December, 1979.]

10. Costs where indigent person succeeds

Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as 1[an indigent person]; such amount shall be recoverable by the State Government from any party ordered by the decree to pay the same, and shall be a first charge on the subject-matter of the suit.

11. Procedure where indigent person fails

Where the plaintiff fails in the suit or the permission granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismissed,— (a) because the summons for the defendant to appear and answer has not been served upon him in consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for such service or to present copies of the plaint or concise statement, or (b) because the plaintiff does not appear when the suit is called on for hearing, the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person.

HIGH COURT AMENDMENTS

Andhra Pradesh.-In Order XXXIII, for rule 11,- (i) substitute as in Madras by renumbering it as sub-rule (1) thereof; (ii) after sub-rule (1) as so renumbered, insert the following sub-rule, namely:- "(2) Where the suit has been adjusted wholly or in part by any lawful agreement or compromise or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, but no provision is made for the payment of Court-fee, the Court may direct either of or both the parties to pay the Court-fee or any proportionate part thereof as it thinks fit." (w.e.f. 14-9-1961).

Karnataka.-In Order XXXIII, for rule 11, substitute the following rule, namely:- "11. (1) Where the plaintiff fials in the suit or is dispaupered or where the suit is withdrawn or where part of the claim is abandoned or the suit is dismissed because the summons for the defendant to appear and answer has not been served upon him in consequence of the plaintiff's failure to pay the requisite charges for service or the suit is so dismissed because the plaintiff does not appear when the suit is called on for hearing, the Court shall order the plaintiff or any person added as a co-plaintiff to the suit to pay the Court-fee and in case of abandonment of part of the claim the proportionate court-fee which would have been payable by the plaintiff if he had not been permitted to sue as pauper.

(2) In cases where the plaintiff is dispaupered the Court may, instead of proceeding under sub-rule (1) order the plaintiff to pay the requisite court-fee within a time to be fixed by it and in default dismiss the suit and make and order for the payment of court-fee as in sub-rule (1).

(3) Where the Court finds that the suit has been instituted unreasonably or improperly by a next friend on behalf of a minor plaintiff on a cause of action which accrued during the minority of such plaintiff the Court may order the next friend to personally pay the court-fee." {w.e.f. 30-3-1967)

Kerala.-Same as in Madras.

[Vide Notification No. Bl-3312/58, dated 7th April, 1959].

Madras.-In Order XXXIII, for rule 11, substitute the following rule, namely:

11. Procedure where pauper fails.-

Where the plaintiff fails in the suit or is dispaupered or where the suit is withdrawn or where part of the claim is abandoned or where the suit is dismissed-

(a) because the summons for the defendant to appear and answer has not been served upon him in consequence of the failure of the plaintiff to pay the Court-fees or postal charge (if any) chargeable for such service, or

(b) because the plaintiff does not appear when the suit is called on for hearing, the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the Court-fee and in the case of abandonment of part of the claim the proportionate Court-fee, which would have been payable by the plaintiff if he had not been permitted to sue as a pauper. In case where the plaintiff is dispaupered the Court may, instead of proceeding under the previous paragraph order the plaintiff to pay the requisite Court-fee within a time to be fixed by it and to default dismiss the suit and make an order for the payment of Court-fee as in the previous paragraph.

Where the Court finds that the suit has been instituted unreasonably or improperly by a next friend on behalf of a minor plaintiff on a cause of action which accrued during the minority of such plaintiff, the Court may order the next friend to personally pay the Court-fee."

11A. Procedure where indigent person's suit abates

Where the suit abates by reason of the death of the plaintiff or of any person added as a co-plaintiff, the Court shall order that amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person shall be recoverable by the State Government from the estate of the deceased plaintiff.

12. State Government may apply for payment of court-fees.

The State Government shall have the right at any time to apply to the Court to make an order for the payment of court-fees under rule 10, rule 11 or rule 11A.

HIGH COURT AMENDMENTS

Kerala.-Same as in Madras, {w.e.f. 9-6-1959)

Madras.-In Order XXXIII,- (a) renumber rule 12 as sub-rule (1) thereof; and (b) after sub-rule (1) as so renumbered, insert the following sub-rule, namely:- "(2) Notice to State Government before payment.-No order for payment out of money standing to the credit of any suit instituted in forma pauperism shall be made on the application of any party except after notice duly to the Government Pleader on behalf of the Government" (w.e.f. 10-8-1955)

13. State Government to be deemed a party

All matters arising between the State Government and any party to the suit under rule 10, rule 11 rule 11A or rule 12 shall be deemed to be questions arising between the parties to the suit within the meaning of section 47.

HIGH COURT AMENDMENT

Andhra Pradesh.-In Order XXXIII, after rule 13, insert the following rule, namely:- "13A. If any money is outstanding to the credit of a suit or appeal or other proceeding instituted, preferred or taken in forma pauperism no order for payment out of such money shall be made on application of any party except after due notice to the State Government",(w.e.f. 15-2-1956)

14. Recovery of amount of court-fees.

Where an order is made under rule 10, rule 11 or rule 11 A, the court shall forthwith cause a copy of the decree or order to be forwarded to the Collector who may, without prejudice to any other mode of recovery, recover the amount of court-fees specified therein from the person or property liable for the payment as if it were an arrears of land revenue.

15. Refusal to allow applicant to sue as indigent person to bar subsequent application of like nature

An order refusing to allow the applicant top sue as an indigent person shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at liberty to institute a suit in the ordinary manner in respect of such right;

Provided that the plaint shall be rejected if he does not pay, either at the time of the institution of the suit or within such time thereafter as the Court may allow, the costs (if any) incurred by the State Government and by the opposite party in opposing his application for leave to sue as an indigent person.

HIGH COURT AMENDMENT

Rajasthan.-In Order XXXIII,- (a) renumber rule 15 as sub-rule (1) thereof; and (b) after sub-rule (1) as so renumbered, insert the following sub-rule, namely:- "(2) Nothing in sub-rule (1) shall prevent the Court while rejecting an application under rule 5 or refusing an application under rule 7 from granting time to the applicant to pay the requisite Court-fee within a time to be fixed by the Court; and upon such payment the suit shall be deemed to have been instituted on the date on which the application was presented."

(w.e.f. 14-8-1954)

15A. Grant of time for payment of court-fee.

Nothing contained in rule 5, rule 7 or rule 15 shall prevent a Court, while rejecting an application under rule 5 or refusing an application under rule 7, from granting time to the applicant to pay the requisite court-fee within such time as may be fixed by the Court or extended by it from time to time; and upon such payment and on payment of the costs referred to in rule 15 with in that time, the suit shall be deemed to have been instituted on the date on which the application for permission to sue as an indigent person was presented.

16. Costs

The costs of an application for permission to sue as an indigent person and of an inquiry into indigency shall be costs in the suit.

HIGH COURT AMENDMENT

Andhra Pradesh.-In Order XXXIII, after rule 16, insert the following rules, namely:-

17. In every case, where a person is suing as a pauper, the counsel appearing for him shall file along with his vakalatnama a certificate stating the fee, if any, he has actually received and/or as stipulated to receive from the pauper or on his behalf in the suit and if, upon such a certificate the Court is satisfied that his means are such that he ought not to continue to sue as a pauper or that he is being financed by a third party, it shall be open to the Court to dispauper such a person.

18. Where the pauper is unable to engage a counsel, the Court may assign an advocate or pleader to assist him.

19. It shall be the duty of the Advocate or Pleader who may be assigned by the Court to assist a pauper to see that notices are served, summonses issued or petitions presented only on good and sufficient grounds and he shall also report to the Court every six months the progress of the suit.

20. After a person has been granted leave to sue as a pauper, no person shall take, except in pursuance of an agreement as certified to Court under rule 17 or agree to take or seek to obtain from him, any fee, profit or reward for the conduct of his business in the Court: Provided that, notwithstanding anything herein contained, the Court shall have power to award costs against the adverse party or out of the property recovered in the suit and to direct the payment thereof to the Advocate or Pleader representing the pauper.

21. The word 'suit' in these rules includes 'appeal'."

[Vide Notification No. ROC No. 1186/56-B1, dated 9th April, 1958.]

17. Defence by an indigent person

Any defendant, who desire to plead a set-off or counter-claim, may be allowed to set up such claim as an indigent person, and the rules contained in this Order shall so far as may be, apply to him as if he were a plaintiff and his written statement were a plaint.

HIGH COURT AMENDMENT

Bombay.-In Order XXXIII, for rule 17, substitute the following rule, namely:-

"17. Defence by an indigent person.-Any defendant, who desire to plead a set off or counter-claim, may be allowed to set up such claim as an indigent person and the rules contained in this order shall so far as may be, apply to him as if he were a plaintiff and his written statement were a plaint, and if he is required to issue a third party notice, the third party notice shall also be deemed to be a plaint for the purpose of this rule." (w.e.f. 1-10-1983)

¹[18. Power of Government to provide for free legal services to indigent persons.

(1) Subject to the provisions of this Order, the Central or State Government may make such supplementary provisions as it thinks fit for providing free legal services to those who have been permitted to sue as indigent persons.

(2) The High Court may, with previous approval of the State Government, make rules for carrying out the supplementary provisions made by the Central or State Government for providing free legal services to indigent persons referred to in sub-rule (1), and such rules may include the nature and extent of such legal services, the conditions under which they may be made available, the matters in respect of which, and the agencies through which, such services may be rendered.]

HIGH COURT AMENDMENT

Bombay.-In Order XXXIII, after rule 18, insert the following rule, namely:- "19. An indigent not to compromise suit without leave of Court.-No cause, suit or matter commenced or carried on by an indigent plaintiff or defendant shall be compromised on any account whatsoever leave first had and obtained from the Judge in Chambers or the Court." (w.e.f. 1-10-1983)

ORDER XLIV. APPEALS BY INDIGENT PERSONS

1. Who may appeal 1[as an indigent person]

(1) Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as an indigent person, subject, in all matters, including the presentation of such application, to the provisions relating to suits by indigent , persons, in so far as those provisions are applicable.

HIGH COURT AMENDMENT

Andhra Pradesh--In Order XLIV, in rule 1, in sub-rule (1), insert the following proviso, namely:-

"Provided that in case where the appeal is presented to the High Court, the application for permission to appeal as pauper may be presented by the applicant in person or by his or her authorised agent or by an Advocate." (w.e.f. 30-4-1970)

2. Grant of time for payment of court-fee

Where an application is rejected under rule 1, the Court may, while rejecting the application, allow the applicant to pay the requisite Court-fee, within such time as may be fixed by the Court or extended by it from time to time; and upon such payment, the memorandum of appeal in respect of which such fee is payable shall have the same force and effect as if such fee has been paid in the first instance.

3. Inquiry as to whether applicant is an indigent person

(1) Where an applicant, referred to in rule 1, was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is preferred, no further inquiry in respect of the question whether or not he is an indigent person shall be necessary if the applicant has made an affidavit stating that he has not ceased to be an indigent person since the date of the decree appealed from; but if the Government pleader or the respondent disputes the truth of the statement made in such affidavit, an inquiry into the question aforesaid shall be held by the Appellate Court, or, under the orders of the Appellate Court, by an officer of the Court.

(2) Where the applicant, referred to in rule 11, is alleged to have become an indigent person since the date of the decree appealed from, the inquiry into the question whether or not he is an indigent person shall be made by the Appellate Court or, under the orders of the Appellate Court, by an officer of that Court unless the Appellate Court considers it necessary in the circumstances of the case that the inquiry should be held by the Court from whose decision the appeal is preferred.]

HIGH COURT AMENDMENT

Allahabad.-In Order XIV, for rule 3, substitute the following rule, namely:-

"3. Inquiry as to whether applicant is an indigent person.- The inquiry into the question whether or not the applicant referred to in rule 1, is an indigent person shall be made by the Appellate Court or under the orders of the Appellate Court by an officer of that Court unless the Appellate Court consider it necessary, in the circumstances of the case, that the inquiry should be held by the Court from whose decision the appeal is preferred;

Provided that if such applicant was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is preferred, no further inquiry in respect of the question whether or not he is an indigent person shall be necessary if the applicant has made an affidavit stating that he has not ceased to be an indigent person since the date of the decree appealed from, but if the Government pleader or the respondent disputes the truth of the statement made in such affidavit, an inquiry into the question aforesaid shall be made in the manner stated above." (w.e.f. 25-4-1987)

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