Gujarat High Court Criminal Manual (subordinate court practice), 1977
The following rules issued by the State Government for the grant of free legal assistance to the undefended accused persons whose annual income does not exceed Rs. 4,000/- in Sessions Cases and cases triable by the Special Judges under the Prevention of Corruption Act, 1947, are produced for the information and guidance of Sessions Courts in the mofussil: (1) Definitions.— (a) "Legal Aid" means the aid given by the State to a person for meeting the fee of the pleader as may be prescribed from time to time and includes any other aid given in connection with the litigation for which a pleader is engaged, as the Government may decide upon; Provided that: the legal aid is restricted to:— (i) Sessions cases committed for trial to Courts of Sessions other than murder cases in which defence is available to pauper housed in the mofussil, and (ii) to the undefended accused person charged with offences of corruption under the Prevention of Corruption Act, 1947, other than the accused person charged with the offence of being found to be living beyond known means under section 5(1) (c) of the said Act. Provided that a Pleader shall continue in a case for which he is engaged bill its completion even if the case is not closed in that year. (ii) All persons included in the panel shall express in writing to the Presiding Officer of the Court, as the case may be, their willingness to serve in the panel and thereupon such persons shall accept engagement in any case and to appear in Court when so engaged. (iii) Any person in the panel may tender his resignation in writing to the authority constituting the panel. (iv) Any vacancy in the panel caused by resignation or otherwise may be filled up by the Presiding Officer of the Court from the Pleader practising in the Court, but the term of the person so appointed will expire on the 31st December succeeding the date of appointment. (v) If any person after having agreed to serve on a panel neglects or refuses to accept an engagement, he shall forthwith cease to be a member of the panel and shall be debarred from being reappointed to a panel. (vi) If any pleader after accepting an engagement neglects or refuses to discharge his duties properly, the authority which sanctioned the engagement may remove the pleader after obtaining approval from the High Court and appoint another in his place. Such removal will entail the consequence mentioned in sub-rule (v). (vii) Any person serving on a panel shall be eligible for reappointment. (viii) Cases in which legal aid is sanctioned may be distributed among the members of the panel equitably at the discretion of the Presiding Officer of the Court. (ix) Deleted vide Government Resolution, Home Department No. DFS-1058/791-III, dated the 28th December, 1959.