The Legal Aid Rule 2001

Who Can Apply for Legal Aid:

There is no reference as to the eligibility criteria to get legal aid under the Legal Aid Act 2000 section 24 of the Act only carry out the objectives of the Act. As per rule 2 of the Legal Aid Rule 2001 the following persons are entitled to receive legal aid:

1. Freedom fighter who is incapable of earning/jobless or whose annual income is below 6000 taka.
2. The person who is receiving old age benefit.
3. Any poor women who is holder of VGF Card.
4. Any poor widow, women deserted by her husband.
5. Any women and children who are victim of trafficking.
6. Any women and children who are victims of acid throwing.
7. Any person who has been allocated land or house or plot in an ideal village.
8. Physically or mentally handicapped person with earning in capabilities.
9. Person ho is unable to establish his right in a Court of law due to financial crisis.
10. Any other person who are considered financially incapable or poor by-
• The Legal Aid Board.
• The Court.
• The Jail Authority.

National Legal Aid Board:

The whole legal aid scheme is controlled by the National Legal Aid Board (National Board), which is a statutory body. The Board is managed and administered by a Board of Governors. The minister of the Ministry of Law will be the Chairman of the Board of Governors. Section 6 provides National Legal Aid Board is constituted by the following persons-

1. The minister of the Ministry of Law.
2. One ruling party MP and one opposite party MP nominated by the Speaker.
3. The Attorney General for Bangladesh.
4. The Secretary of the Ministry of Law.
5. The Secreta1 of the Ministry of Home Affairs.
6. The Secretary of the Ministry of Social Welfare.
7. The Inspector General of Police.
8. The Inspector General of jail.
9. The Vice-Chairman of Bangladesh Bar Council.
10. The President of the Supreme Court Bar Association.
11. The Chairman of the National Women Organization.
12. Representatives of three NGOs, dealing with the Law and Human Rights nominated by the Govt. who have contributed in different districts.
13. Representatives of three women organizations nominated by the Govt. who have contributed in different districts.
14. Director, who will be the Secretary of this Board.

These members will be appointed for 2 years and the Govt. may remove any of the members from the post without showing any reason .The minister of the Ministry of Law will be the Chairman of the Board of Governors.

Functions of the National Board:

According to section 7 of the Act, National Legal Aid Board will mainly act as policy-making authority and will discharge following functions:

1. To provide legal aid to poor litigants.
2. Frame the scheme to provide legal aid.
3. Take initiative to organize research and educational activities to provide legal aid.
4. To create awareness programs among general people.
5. Review the application rejected by the District Committee.
6. Monitoring the activities of the District Committee.

Meeting of the Board of Governors:

The Chairman of the Board of Governors shall call the meeting at any place at any time in every three months. The Chairman will be the Chairman of all the meeting and in his absence anybody appointed by him shall perform his duties. One-third of the total number of the members will constitute the quorum of the meeting. But for any adjournment meeting no quorum will be required. In such meetings all members will have a single vote.

District Legal Aid Committee:

The District Legal Aid Committee is solely response to provide legal aid at grass root level subject to the availability of fund from the government. The District Judge will be the Chairman of the committee. Section 9 provides the District Legal Aid Committee is constituted by the following persons-

1. The District Judge.
2. The District Magistrate.
3. The Superintendent of Police of the District.
4. The Jail Superintendent of the District.
5. The Social Welfare Officer of the District.
6. The Women and Children Officer of the District.
7. The Chairman of the National Women Organization or his nominee.
8. The President of District Bar Association.
9. The Govt. Pleader of the District.
10. The District Public Prosecutor.
11. The General Secretary of the District Bar Association.
12. The Metropolitan Magistrate and the Metropolitan Police Superintendent will also be the members of the District Legal Aid Committee if the district is a metropolitan city.

These members will be appointed for 2 years and the Govt. may remove any of the members from the post without showing any reason .The minister of the Ministry of Law will be the Chairman of the Board of Governors.

Functions of the District Legal Aid Committee:

According to section 10 of the Act, the District Legal Aid Committee will discharge following functions:

1. To provide legal aid to poor litigants according to rules and principles fixed by the National Legal Aid Board.
2. To fixed and determines conditions of legal aid whose application for legal aid has been accepted.
3. To take initiative to make the people aware of availability of legal aid in the district.
4. To perform the duty invested by the Board.
5. Any other activities necessary for the performance of the above mentioned activities.