Chapter-2 Provisions related to provide the Legal Aid
3. Application has to be submitted to be entitled to Legal Aid:
(1) A Nepalese citizen who intends to be entitled to legal aid pursuant to the Act or these Rules shall submit an application in the committee in the format as prescribed by Schedule-1.
(2) The application submitted pursuant to Sub-rule (1) shall attach a recommendation made by, in the format prescribed by Schedule- 2, in case of Village Development Committee by Chairperson or Member or Secretary of the concerned Village Development Committee and in case of municipality by chairperson of the concerned
(3) Notwithstanding anything contained in Sub-rule (3), if the person intending to be entitled to Legal Aid does not know to fill the application form or is unable to attend in the committee’s office to fill the application form, then other person who is trusted by him/her shall submit an application in the committee.
(4) If the application submitted pursuant to Sub-rule (3), the committee’s employee shall register the application after making required inquiry according to the provisions of the application form and also attaching the recommendations made pursuant to Sub-rule (2).
(5) While the application is submitted for the registration in the committee, if there are any documents which verifies the detailed mentioned in the application, such document also has to be submitted by the applicant.
4. Examination of the Application : The member secretary shall make an examination on the application registered pursuant to Rule 3 and the attached documents herewith and shall submit it in the meeting of the committee.
5. Decision of the of the committee and information: (1) In relation to the application submitted in the meeting of the committee pursuant to Rule 4, the committee shall make a decision on whether to provide legal Aid or not subject to the provisions of the Act, these Rules and policies and directives determined time and again by the central committee.
(2) Regarding the decision made pursuant to Sub-rule (1), the nature of the applicant’s case, the limitation for the registration of a case or the limitation for the reply in a case shall be considered and decision have to be made within the Forty Five days since the date of application.
(3) The information on decision made by the committee pursuant to Sub-rule (2) shall be provided to the concerned applicant.
6. Legal Aid shall not be entitled: (1) The committee shall not entitle any person who has the Annual income more the Forty Thousand, for legal aid.
(2) The committee shall not entitle the convicted party of the following cases, for legal aid:-
(a) Under the Espionage Act, 2018 (1962),
(b) Under the Human Trafficking (Control) Act, 2043,
(c) Cases under Ancient Monument Preservation Act, 2013,
(d) Cases which has the punishment under Chapter on Rape of the General Code (Muluki Ain),
(e) Cases under Prevention of Corruption Act, 2017 and Commission for the Investigation and Abuse of Authority
(f) Cases under the Revenue Leakages Control Act, 2052,
(g) Cases under Drug (Control) Act, 2033,
(h) Other cases prescribed on time and again by central
7. The expenditure for Legal Aid have to be reimbursed : (1) If any person receives some property or economic benefit in consequence of the entitlement of Legal Aid, such person shall reimburse the expenditure made by the committee, in the course of providing Legal Aid to him/her.
(2) During the reimbursement of the expenditure pursuant to Sub rule (1), only the amount at the rate of Ten percent of the total property or economic benefit shall be reimbursed.