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  "title": "PUNJAB LEGAL AID ACT 2018",
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  "text": "THE PUNJAB LEGAL AID ACT 2018 \r\n(XIX of 2018) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Punjab Legal Aid Agency \r\n4. Functions of the Agency \r\n5. Superintendence of the Agency \r\n6. Administration of the Agency  \r\n7. Director General \r\n8. Duty to provide legal aid \r\n9. Provision of legal aid  \r\n10. Panel of Advocates \r\n11. Code of Conduct  \r\n12. Payment \r\n13. Unauthorized disclosure \r\n14. Information to indigent persons \r\n15. Annual report \r\n16. Furnishing false information  \r\n17. Cognizance of offence \r\n18. Delegation of powers \r\n19. Rules \r\n20. Removal of difficulties  \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB LEGAL AID ACT 2018 \r\n(XIX of 2018) \r\n[24 May, 2018] \r\nAn \r\nAct \r\nto provide of the establishment of a legal aid agency to provide legal aid to the \r\nindigent persons.  \r\nIt is necessary to establish and maintain the Punjab Legal Aid Agency to provide \r\nlegal aid to the indigent persons; and, for matters ancillary thereto.  \r\nBe it enacted by Provincial Assembly of the Punjab as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Legal Aid Act 2018. \r\n(2) It shall extend to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– (1) In this Act:  \r\n(a) “Act” means the Punjab Legal Aid Act 2018; \r\n(b) “Agency” means the Punjab Legal Aid Agency established under the \r\nAct; \r\n(c) “court” means a court established under any law for the time being in \r\nforce; \r\n(d) “Director General” means the Director General of the Agency; \r\n(e) “family dispute” means a dispute, involving a female indigent person, \r\nrelating to divorce, maintenance, dowry, dower or custody of children;  \r\n(f) “Government” means Government of the Punjab; \r\n(g) “indigent person” means a person, involved in the commission of an \r\noffence or a femal e involved in a family dispute \r\n2\r\n[or a ny person who \r\nfiled a complaint under section 7 of the Punjab Protection o f Ownership \r\nof Immovable Property Act 2025 (CI of 2025)] and does not have the \r\nfinancial capacity to engage an Advocate on his or her own; \r\n(h) “legal aid” means the legal services provided by an Advocate to an \r\nindigent person under the Act;  \r\n                                                           \r\n1This Act was passed by Provincial Assembly of the Punjab on 16 May 2018; assented to by the Governor of the Punjab on 21 \r\nMay 2018; and, was published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp.8125-8128. \r\n2Inserted by the  Punjab Legal Aid (Amendment) Act 2026 (XXXIX of 2026), and  was published in the Punjab Ga zette \r\n(Extraordinary), dated: 14 May 2026, pp.6087-6088, s.2a (i). \r\n(i) “prescribed” means prescribed by rules; \r\n3\r\n[*] \r\n(j) “rules” means the rules made under the Act \r\n4\r\n[; and] \r\n5\r\n[(k)    “Tribunal” means the Tribunal established under section 11 of the \r\nPunjab Protection of Ownership of Immovable Property Act 2025 (CI \r\nof 2025).] \r\n(2) A word or expression used in the Act and not defined shall have the \r\nsame meaning as is assigned to it in the Code of Criminal Procedure, 1898 (V of \r\n1898) or the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973) \r\n6\r\n[or any \r\nother law for the time being in force]. \r\n3. Punjab Legal Aid Agency .– (1) The Government shall, by notification in the \r\nofficial Gazette, establish Punjab Legal Aid Agency.  \r\n (2) The Agency shall consist of the Director General and such other \r\nemployees as the Government may, in the manner prescribed, appoint. \r\n4. Functions of the Agency.– (1) The Agency shall:  \r\n(a) evolve policies, principles and guidelines for providing legal aid; \r\n(b) design and establish an effective mechanism for provision, monitoring \r\nand evaluation of legal aid; \r\n(c) advise the Government or any other agency in regard to enforcement \r\nof the right to fair trial and due process; \r\n(d) undertake and promote research in the field of legal aid with special \r\nreference to the need of such aid to the indigent persons; \r\n(e) devise and recommend structure of fees for le gal aid for approval of \r\nthe Government;  \r\n(f) perform such other functions as may be assigned to it by the \r\nGovernment; and \r\n(g) do all other things necessary for carrying out the purposes of the Act. \r\n5. Superintendence of the Agency .– The superintendence and control  of the \r\nAgency shall vest in the Government and shall be exercised in the prescribed \r\nmanner. \r\n6. Administration of the Agency .– (1) The administration of the Agency shall \r\nvest in the Director General who shall be responsible for effective administration and  \r\n                                                           \r\n3Omitted the word \"and\" by the  Punjab Legal Aid (Amendment) Act 2026 (XXXIX of 2026), and  was published in the Punjab \r\nGazette (Extraordinary), dated: 14 May 2026, pp.6087-6088, s.2a (ii). \r\n4Substituted by the  Punjab Legal Aid (Amendment) Act 2026 (XXX IX of 2026), and  was published in the Punjab Ga zette \r\n(Extraordinary), dated: 14 May 2026, pp.6087-6088, s.2a (iii). \r\n5Added by the  Punjab Legal Aid (Amendment) Act 2026 (XXXIX of 2026), and  was published in the Punjab Ga zette \r\n(Extraordinary), dated: 14 May 2026, pp.6087-6088, s.2a (iv). \r\n6Inserted by the  Punjab Legal Aid (Amendment) Act 2026 (XXXIX of 2026), and  was published in the Punjab Ga zette \r\n(Extraordinary), dated: 14 May 2026, pp.6087-6088, s.2b. \r\n \r\nmanagement of the affairs of the Agency so as to ensure that the objectives of the \r\nAct are faithfully accomplished. \r\n(2)  The Director General shall exercise such administrative and financial \r\npowers as may be prescribed or assigned by the Government.  \r\n7. Director General.– (1) The Director General of the Agency shall be appointed \r\nby the Government on such terms and conditions as may be prescribed.  \r\n(2) The Director General shall, unless sooner removed in the prescribed \r\nmanner, hold office for three years or for such further period as the Government may \r\ndetermine.  \r\n(3) The Director General may tender resignation to the Government and \r\nhe shall cease to hold office on the communication of acceptance of the resignation. \r\n8. Duty to provide legal aid .– \r\n7\r\n[(1)] The Agency shall make appropriate \r\narrangements for the provision of legal aid to an indigent person in such manner and \r\nto such extent as may be prescribed. \r\n \r\n8\r\n[(2) In addition to the category provided under sub -section (1), the Agency \r\nshall also make appropriate arrangements for provision of legal aid to such category \r\nof persons, classes of cases or proceedings, as the Government may, by notification \r\nin the official Gazette, declare under this sub-section. \r\n (3) The procedure and mechanism provided under the Act for indigent \r\npersons shall be equally applicable for a category of persons declared under sub -\r\nsection (2).] \r\n9. Provision of legal aid .– (1) An indigent person seeking legal aid shall apply, \r\nin the prescribed manner, to the Agency. \r\n (2) The application for legal aid shall be supported by an affidavit sworn by \r\nthe applicant and such other documents as may be prescribed. \r\n (3) The eligibility of an indigent person for legal aid shall be determined in \r\nthe prescribed manner. \r\n(4) If the Agency is satisfied that th e applicant is an indigent person and \r\nfulfils the requirements of the law, it shall provide him the legal aid; otherwise, the \r\nAgency shall reject the application. \r\n                                                           \r\n7Added by the  Punjab Legal Aid (Amendment) Act 2026 (XX XIX of 2026), and  was published in the Punjab Ga zette \r\n(Extraordinary), dated: 14 May 2026, pp.6087-6088, s.3 (a). \r\n8Added by the  Punjab Legal Aid (Amendment) Act 2026 (XXXIX of 2026), and  was published in the Punjab Ga zette \r\n(Extraordinary), dated: 14 May 2026, pp.6087-6088, s.3 (b). \r\n \r\n (5) A person aggrieved against the order passed under subsection (4) may \r\nsubmit an appeal, w ithin seven days from the communication of the order to him, to \r\nsuch authority as may be prescribed.  \r\n (6) The Agency, after affording an opportunity of hearing, may recall the \r\nprovision of legal aid at any stage of the case, for reasons of misstatement, \r\nmisrepresentation or fraud.  \r\n (7) The provision of legal aid to a person under the Act is without prejudice \r\nto the powers of a court available to it under any law for the time being in force.  \r\n10. Panel of Advocates.- (1) The Agency shall, for each financial year, accredit a \r\npanel of Advocates in the prescribed manner in each district or, if necessary, in any \r\ntehsil for provision of legal aid. \r\n (2) The Agency shall initiate the process of accreditation of the Advocates \r\nfor the next financial year maximum in the first week of April of that year. \r\n(3) Notwithstanding the conclusion of a financial year, the panel of \r\nAdvocates accredited for the outgoing financial year shall continue to serve till such \r\ntime that the new panel for that financial year is notified. \r\n(4) The Agency may, in the prescribed manner, classify the accredited \r\nAdvocates for purposes of providing legal aid to different classes of persons or \r\ncourts or both. \r\n(5) The Agency shall not, at any one time, allocate the cases of legal aid to \r\nan Advocate on the panel in excess of the number prescribed. \r\n (6) The Agency shall monitor and evaluate the quality of legal aid provided \r\nby each accredited Advocate. \r\n(7) An accredited Advocate shall maintain a proper record of the cases \r\nentrusted to him and shall pro vide information to the Agency at such time and in \r\nsuch manner as may be prescribed. \r\n11. Code of Conduct .- (1) The Government, on the recommendations of the \r\nAgency, may prescribe a Code of Conduct for accredited Advocates. \r\n(2) The Agency may suspend or, su bject to hearing, cancel the \r\naccreditation when he is found guilty of breach of that Code.  \r\n12. Payment.– The Director General shall promptly make payment of such \r\nprofessional fee, after deduction of the applicable taxes, to an Advocate engaged for \r\nlegal aid as may be prescribed or approved by the Government. \r\n13. Unauthorized disclosure.– (1) Except for purposes of this Act and subject to \r\nlaw, the Director General and no employee of the Agency shall disclose any \r\ninformation relating to an indigent person to any unauthorized person. \r\n (2) Any unauthorized disclosure of information shall be construed as \r\n„misconduct‟ within the meaning of the Punjab Employees Efficiency, Discipline and \r\nAccountability Act 2006 (XII of 2006) and shall be dealt with accordingly. \r\n14. Information to indigent persons .– A court or, as the case may be,  \r\n9\r\n[Tribunal, Deputy Commissioner,]  an investigating officer, a prosecutor or a prison \r\nofficer shall, on coming to know that an indigent person remains undefended by an \r\nAdvocate, shall inform him that he may apply to the Agency for legal aid. \r\n15. Annual report.– (1) The Director General shall, by 30th September each year, \r\nsubmit the annual performance report of the Agency enumerating all the activities \r\nperformed by it during the previous fina ncial year, its successes and failures, the \r\nsocial impact of free legal aid and its future plans and targets. \r\n (2) The Director General shall submit the report to the Government which \r\nmay, in its discretion, lay the report before Provincial Assembly of the Punjab. \r\n16. Furnishing false information .– A person who intentionally makes a false \r\ndeclaration or swears a false affidavit in support of his application for legal aid shall \r\nbe punished with imprisonment of either description for a term which may extend t o \r\nsix months but which shall not be less than seven days.  \r\n17. Cognizance of offence .– (1) An offence under the Act shall not be \r\ncognizable. \r\n(2) No court shall take cognizance of an offence under the Act, except on \r\na complaint in writing made by the Direct or General or any person authorized by him \r\nfor the purpose. \r\n18. Delegation of powers .– The Director General may delegate any of his \r\npowers, except the powers delegated to him, to any employee of the Agency. \r\n19. Rules.– The Government may, by notification i n the official Gazette, make \r\nrules for carrying out the purposes of the Act. \r\n20. Removal of difficulties.– If any difficulty arises in giving effect to or applying \r\nthe provisions of the Act, the Government may, within two years from the \r\ncommencement of the  Act, make such order, not inconsistent with the Act or the \r\nrules, as may be necessary for removal of such difficulty.  \r\n                                                           \r\n9Inserted by the  Punjab Legal Aid (Amendment) Act 2026 (XXXIX of 2026), and  was published in the Punjab Ga zette \r\n(Extraordinary), dated: 14 May 2026, pp.6087-6088, s.4.",
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