MAHARASHTRA STATE MOTOR ACCIDENTS RELIEF CELL RULES, 1990

PREAMBLE

Whereas, Article 39-A of the Constitution of India provides that the State shall secure that 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 disabilities;

And whereas, it is noticed that in large number of accidents arising from the use of motor vehicles, the victims or relatives of victims do not claim the compensation permissible under the Motor Vehicles Act, 1988 and in majority of cases the touts or middlemen or agents exploit the victims or the relatives of victims;

And whereas, the question of establishing a project for rendering legal assistance to the victims or relatives of victims of accidents arising from the use of motor vehicles in securing compensation admissible under the Motor Vehicles Act, 1988, was under consideration of the Government of Maharashtra for some time past;

Now, therefore, in pursuance of the provisions of Article 39-A of the Constitution of India and of all other powers enabling it in that behalf, the Government of Maharashtra, in supersession of all the previous orders issued by the Maharashtra State Legal Aid and Advice Board in this behalf, hereby makes the following rules in that respect, namely:

CHAPTER I PRELIMINARY

Rule - 1. Short title, commencement and application.

(1)     These rules may be called the Maharashtra State Motor Accidents Relief Cell Rules, 1990.

(2)     They shall come into force from the date of publication of these rules in the Maharashtra Government Gazette.

(3)     They shall apply to Greater Bombay, Nagpur, Aurangabad, Pune, Nashik and Thane Districts immediately. The Government may by order apply the rules to the remaining Districts at a time or to different Districts at different times.

Rule - 2. Definitions.

In these rules, unless the context requires otherwise,

(1)     "Act" means the Motor Vehicles Act, 1988 (Act 59 of 1988);

(2)     "Accident" means an accident caused by the use of motor vehicle or vehicles;

(3)     "Accident Relief Cell" means a cell consisting of staff appointed under Rule 6 of these rules;

(4)     "Application of compensation" means the application for compensation in form "Comp. A" appended to the Maharashtra Motor Vehicles Rules, 1989;

(5)     "Application for Legal Aid" means the application for legal aid in Form "A" appended to the Maharashtra State Legal Aid and Advice Scheme, 1979;

(6)     "Board" means the Maharashtra State Legal Aid and Advice Board;

(7)     "Board Rules" means the Maharashtra State Legal Aid and Advice Board Rules, 1981;

(8)     "Maharashtra Motor Rules" means the Maharashtra Motor Vehicles Rules, 1989;

(9)     "Committee" means,

(i)       the Nagpur Legal Aid and Advice Committee; or

(ii)      the Aurangabad Legal Aid and Advice Committee; or

(iii)     the District Legal Aid and Advice Committee; or

[1][(iv) the Bombay Motor Accident Claims Tribunal Legal Aid and Advice Committee constituted in accordance with the provisions of the Maharashtra State Legal Aid and Advice Scheme, 1979];

(10)   "Claims Tribunal" means the Motor Accidents Claims Tribunal constituted under Section 165 of the Act;

(11)   "Legal Aid Scheme" means the Maharashtra State Legal Aid and Advice Scheme, 1979;

(12)   "Member Secretary" means the Member-Secretary of the concerned committee;

(13)   "Maharashtra Civil Services Rules" means the Maharashtra Civil Services Rules, as in force on the date of publication of these rules, as amended from time to time;

(14)   "Office Bearers" means the Chairman, Vice-Chairman, Member-Secretary and Joint Secretary of the concerned Committee;

(15)   The words or expressions used in these rules, but not defined shall have the meaning respectively assigned to them in the Maharashtra State Legal Aid and Advice Scheme, 1979 or the Maharashtra Motor Vehicles Rules, 1989 or the Motor Vehicles Act, 1988.

Provided that in the event of any conflict with the words and expressions used in the Maharashtra State Legal Aid and Advice Scheme 1979 or the Maharashtra Motor Vehicle Rules, 1989, or the Motor Vehicles Act, 1988 the words and expressions used in the Motor Vehicles Act, 1988 shall prevail.

CHAPTER II CONSTITUTION, COMPOSITION AND ESTABLISHMENT OF ACCIDENT RELIEF CELLS

Rule - 3. Constitution of Accident Relief Cells.

There shall be an Accident Relief Cell, consisting of the staff specified in Rule 4, in every District, for rendering legal assistance to the victims or relatives of victims of accidents, in the jurisdiction of that District.

Rule - 4. Composition of Accident Relief Cells.

(1)     The Accident Relief Cell for Greater Bombay shall consist of the staff of not more than one Supervisor and 14 Assistants who shall look after the work in all police zones in Greater Bombay

(2)     The Accident Relief Cells for the Districts of,

Rule - 5. Administrative Establishment of Accident Relief Cells.

[2](1) The posts required for the Accident Relief Cell for Greater Bombay shall be created by the Law and Judiciary Department, Mantralaya, Bombay on the establishment of the Motor Accident Claims Tribunal, Bombay. The lien and the promotional opportunities of such staff shall be with the office of the said claims tribunal:

Provided that, the posts created for the Accident Relief Cell for Greater Bombay shall be the temporary addition to the respective permanent cadres of the establishment of the Motor Accident Claims Tribunal Bombay.

(2)   The terms and conditions of service applicable to the officers and staff of the Motor Accident Claims Tribunal, Bombay shall be applicable to the officers and staff of the Accident Relief Cell for Greater Bombay.

(3)   The posts required for the Accident Relief Cells for the remaining Districts shall be created on the establishments of the District Courts of the concerned Districts. The lien and the promotional opportunities of such staff shall be with the concerned District Court:

Provided that, the posts created for the Accident Relief Cells for the concerned Districts shall be the temporary additions to the respective permanent cadres of the establishments of the concerned District Courts.

(4)   The terms and conditions of service applicable to the officers and staff of the District Courts shall be applicable to the officers and staff of the Accident Relief Cells of the District.

(5)  [3][The post of Supervisor in the Accident Relief Cell of Greater Bombay shall be equivalent to the post of Deputy Registrar in the Class II scale in the Office of the Motor Accident Claims Tribunal, Bombay and the post of Assistant of that Accident Relief Cell shall be equivalent to the post of Clerk-Typist in the office of the said Motor Accident Claims Tribunal, Bombay].

(6)   The post of Supervisor in the Accident Relief Cells of the remaining Districts shall be equivalent to the post of Superintendent in the District Courts and the post of Assistant of those Accident Relief Cells shall be equivalent to the post of Junior Clerk in the District Courts.

Rule - 6. Creation of posts.

(1)   As soon as these rules are made applicable under sub-rule (3) of Rule 1 to a District, the Law and Judiciary Department in consultation with the Finance Department shall create the requisite staff for the Accident Relief Cell in that District;

[4][(2) The appointments of persons on the posts created under sub-rule (1) of Rule 5 shall be made by the [5][Head of Department of the Motor Accident Claims Tribunal, Bombay] by following the procedure of recruitment prescribed for the posts.

(3)   The appointments of persons on the posts created under sub-rule (3) of Rule 5 shall be made by the District Judge of the concerned District Court by following the procedure of recruitment prescribed for the posts.]

Rule - 7. Pay of the Staff.

(1)     The salaries and allowances of the staff of the Accident Relief Cells shall be paid by the concerned [6][District Court from its sanctioned grants or from the budgetary grants placed at its disposal by the Bombay Motor Accidents Claims Tribunal].

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(2)     The officers and staff of the Accident Relief Cells shall be entitled to travelling and daily allowances according to the rules applicable to them.

Rule - 8. Officers and staff to be Public Servants.

The Supervisors, Assistants, other Officers and Staff appointed under these rules shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

CHAPTER III POWERS AND FUNCTIONS OF ACCIDENT RELIEF CELLS

Rule - 9. Powers of the Accident Relief Cells.

The Accident Relief Cells shall be entitled to,

(a)      obtain the Form "Comp. A" duly filled in from the victims or the legal heirs of victims;

(b)      obtain the documents specified under Rule 14 required for submission to the claims tribunal; and

(c)      cause the application for compensation along with other relevant documents to be filed with the claims tribunal.

Rule - 10. Functions of the Accident Relief Cells.

(1)     Subject to the general control of the District Committee, it shall be the duty of the Accident Relief Cells to take steps to assist the victims or the relatives of the victims of the accidents in obtaining due compensation.

(2)     The Cell shall endeavour to arrange for providing free legal services under the provisions of the Legal Aid Scheme and also as per the instructions issued by the Board from time to time.

(3)     In addition to the functions specified in clauses (a) and (b) the members of the cell shall attend to the other work relating to the implementation of the Legal Aid Scheme as may be entrusted to them by the Chairman or Member-Secretary of the concerned District Committee.

Rule - 11. Allotment of work.

(1)     The Supervisor may allot the work to the Assistants of Accident Relief Cell. Generally, one group may collect the information about accidents and another group may obtain the form "Comp. A" duly filled in from the victims or legal heirs of victims and also collect the relevant documents and hand-over the papers to the Supervisor.

(2)     After all the papers and documents are collected, the Supervisor shall cause the matter to be filed in the Claim Tribunal through the Member-Secretary of the concerned Committee.

(3)     The Supervisor shall be in constant touch with the panel Advocate to whom the case has been allotted by the Committee and expedite the matter. 

CHAPTER IV WORKING OF ACCIDENT RELIEF CELLS

Rule - 12. Collecting of information.

(1)     The members of the Accident Relief Cells shall visit the various police stations situated in their jurisdiction, as far as possible daily, and verify the accident reports and collect the details about the accidents alongwith the names and addresses of victims or the relatives of the victims.

(2)     After collecting the details under sub-rule (1), the information may be classified as accidents involving death, bodily injury and property damage.

Rule - 13. Obtaining the consent of parties.

(1)     On the basis of information collected under Rule 12, the Members of the Cell shall meet the victims or their legal heirs at their residence or in the hospitals or at any other place where the victims or their legal heirs are available and after disclosing their identity appraise the parties about the availability of free legal aid service for the purpose of securing compensation through the Claims Tribunal.

(2)     If the parties are convinced and give their consent to avail of the services of the Accident Relief Cell, the member of the Cell shall obtain their signatures or thumb marks on the application for compensation in Form "Comp. A" and the application for free legal aid and advise the parties to attend the office of the concerned Committee when called for.

Rule - 14. Obtaining essential documents.

After completing the action specified in Rule 13, the members of the Cell shall obtain the following essential documents for enabling them to file the application for compensation before the Claims Tribunal.

(A)    In the case of Fatal Accident.

(i)       Medical certificate in Form "Comp B" appended to the Maharashtra Motor Rules or in case of death, Post-Mortem Report and/or Death Certificate showing the cause of death of the deceased;

(ii)      Salary/Wages Certificate from the employer of the deceased;

(iii)     Certificate regarding ownership and insurance particulars of vehicle involved in the accident from the Regional Transport Officer and/or the police;

(iv)    Age certificate of the deceased;

(v)      Names of dependents (legal heirs) and their ages;

(vi)    True copy of the First Information Report;

(vii)   True copy of the Panchanama;

(viii)  List of expenses incurred, if any, and the copies of the vouchers/cash memos or other documents thereof;

(ix)    Passport size photograph of all the claimants.

(B)    In case of bodily injury.

(i)       Hospital records and/or Medical Certificate of Hospital showing the nature of injury sustained and the date of admission and discharge from the hospital;

(ii)      Salary/Wages certificate from the employer of the injured;

(iii)     Permanent/Partial disability certificate, if any;

(iv)    True copy of the First Information Report;

(v)      True copy of the Panchanama;

(vi)    List of expenses incurred, if any, alongwith copies of the vouchers/cash memos thereof;

(vii)   Certificate regarding ownership and insurance particulars of vehicle involved in the accident, from the Regional Transport Officer and the Police;

(viii)  Passport-size photograph of the claimants.

Rule - 15. Maintenance of Ledger Book of data collection.

Every Committee shall maintain a Ledger Book containing the following information during the course of collection of data:

(1)     Name of the Applicant

(2)     Date and nature of accident

(3)     Place where the accident took place

(4)     Legal Aid Application Number

(5)     Particulars of the case collected

(6)     When First Information Report and Panchanama were collected

(7)     When the Post-Mortem Report or Injury Certificate was collected

(8)     Vehicle Number

(9)     Name of the owner of the vehicle

(10)   Name of the Driver of the vehicle and Licence Number

(11)   Insurance Details

(12)   Date when the work relating to the collection of details was completed

(13)   Date when the matter was assigned to the panel Advocate

(14)   Name of the Panel Advocate to whom the case is assigned.

CHAPTER V ASSISTANCE BY POLICE

Rule - 16. Supply of identity cards.

For the purpose of disclosing their identity, whenever required, the Officers Supervisors, Assistants and other staff of Accident Relief Cell shall have the necessary identification cards accorded by the Chairman of the concerned Committee.

Rule - 17. Assistance from the police.

The Police Officers shall,

(1)     Co-operate and extend full assistance to the members of the Accident Relief Cells in collecting the information about accidents;

(2)     Furnish immediately the copies of the requisite documents including,

(i)       the First Information Report;

(ii)      the Panchanama;

(iii)     the report of the Motor Vehicles Inspectors on the inspection of the vehicle involved in the accident;

(iv)    the names and addresses of the victims and the relatives of the victims;

(v)      the post-mortem report;

(vi)    the Police Inquiry Certificate;

(vii)   the true copies of the documents specified in Section 158 of the Act, such as

(a)      the certificate of insurance;

(b)      the certificate of registration;

(c)      the driving licence; and

(d)      in the case of a transport vehicle, also the certificate of fitness referred to in Section 56 of the Act and the permit relating to the use of motor vehicle;

(viii)  if the driver is not holding a driving licence, the report as to whether he is being prosecuted:

Provided that for any valid reason, if it is not possible to supply the copies of requisite documents, the members of the Cell shall be allowed to take out copies of such documents which shall be duly authenticated by the concerned police officer with his signature and designation;

(3)     Maintain a list of Legal Aid Committees functioning in their jurisdiction; and

(4)     Give a true copy of the report to the Members of the Cell in Form "Comp. AA", appended to the Maharashtra Motor Rules.

Rule - 18. Handing over the papers to Member Secretary.

After collecting the copies of the requisite documents and papers, the Supervisor shall handover the same immediately to the Member Secretary of the concerned Committee for processing the matter in the Claims Tribunal:

[8][* * *]

Provided further that, the concerned Committee shall file the claim in the Claims Tribunal within 6 months from the date of the accident.

CHAPTER VII PROCEDURE FOR PROCESSING THE APPLICATIONS

Rule - 24. Processing the applications.

(1)     Applications from the parties received through the police officer or collected through the Accident Relief Cells or received directly from the parties shall be registered in the office of the Committee like any other application for legal aid and shall first be screened in the usual manner in the Counselling Centre.

(2)     After screening the application in the Counselling Centre, the same shall be placed before the Member-Secretary for processing it according to the provisions of Rule 33 of the Maharashtra State Legal Aid and Advice Counselling Centre Rules, 1986.

(3)     A copy of the tripartite agreement in the form appended to these rules signed by the panel Advocate, aided person and the Member-Secretary of the Committee shall be filed alongwith the vakalatnama before the Claims Tribunal for its information.

(4)     The aided person shall also be required to furnish an affidavit empowering the Claims Tribunal to deduct from the award amount, the costs payable to the committee, and pay the said costs directly by cheque to the Committee.

Rule - 25. Report about the decision.

(1)     As soon as the claim application is disposed of the Panel Advocate shall file an application for a certified copy within two days. If the claim ends in an award of payment of compensation he shall send to the Committee a report of the case, containing names and other details of respondents and the authorities who are ordered to pay the amount of compensation and costs etc.

(2)     The aided person shall be informed that in case an appeal is filed by the opposite party, he shall inform the Committee about the same immediately on receipt of the notice from the Appellate Court and that he may apply for obtaining further legal aid in the matter.

Rule - 26. Filing of appeal by the opposite party.

(1)     If the opposite party files an appeal in the High Court, and if the aided person wants legal aid in that Court, the concerned Committee shall arrange to send the papers to the High Court Legal Aid and Advice Committee with a request to consider the question of extending legal aid to the said person and assigning an Advocate to appear before High Court in the appeal.

(2)     After scrutinizing the application, if the High Court Committee is satisfied that the applicant is eligible for getting free legal aid, that Committee may assign an Advocate to the said person.

(3)     The Advocate so assigned by the High Court Committee shall immediately move the High Court for directions:

(a)      for the purpose of expediting the hearing of the appeal;

(b)      for instructions to the appellant to deposit the amount awarded in a nationalised bank; and

(c)      for such other directions and reliefs as the High Court deems fit.

Rule - 27. Filing of appeal on behalf aided persons.

(1)     If the claim is rejected totally or partly by the Claims Tribunal, the Advocate shall report to the Committee whether an appeal is warranted and forward all the necessary papers for considering the question as to whether or not an appeal should be filed.

(2)     The Advocate shall also be required to apply immediately, for copies of the award and shall consider whether any further remedies are necessary to be pursued by way of an appeal for enhancement of the award or against order of dismissal, if the claim is dismissed.

Rule - 28. Directions to the liable party to deposit the award amount.

If the compensation is awarded, the Advocate shall prepare a copy of the award and have it duly authenticated by the Member-Secretary under the seal of the Committee and forward the same to the party liable to deposit the compensation with a covering letter calling upon him to deposit the money before the Claims Tribunal.

Rule - 29. Recovery of money awarded.

(a)      If within 30 days of the service of the copy of award on the party liable to pay the award, the award amount is not deposited with the Claims Tribunal, the concerned panel Advocate shall first levy execution under Rule 275 of the Maharashtra Motor Rules in cases where the Insurance Corporation, State Transport Corporation or a Department of the Government or any constituted authority is the party responsible for bringing the awarded money into the Claims Tribunal.

(b)      If the respondent resists execution on the plea of an appeal being filed, the panel Advocate shall press for interim relief to the claimant, which may ensure an adequate payment to the successful claimant, pending the appeal, if any.

(c)      In cases where the award amount is payable by the owner of the vehicle, the choice of the forum of execution of the award may be considered carefully by the panel Advocate in the circumstances of each case and before choosing the forum submit a report to the committee and take instructions.

Rule - 30. Investment of award money.

When the award becomes final and money is deposited with the Claims Tribunal, the Committee shall help the claimant in the proper utilisation of the money for the welfare of the victim or his family and also afford help in investing the money in most favourable terms, so that the victim or his family will be in monthly receipt of a reasonable sum for maintenance.

Rule - 31. Making demand for costs and interest.

(1)     At the time when the award is being passed, the panel Advocate shall press for costs and interest. The Advocate shall appraise the Claims Tribunal of the provisions of Legal Aid Scheme in the matter of payment of fee to the Advocates and submit that it may be taken judicial notice of.

(2)     The Committee shall make efforts to recover the amount of costs granted by the Claims Tribunal, in the manner provided in the Legal Aid Scheme and credit the said amount in the Government Treasury.

Rule - 32. Recovery of expenses from the aided persons.

(1)     The Member-Secretary shall ascertain in each case the expenses incurred and in every case that has ended in favour of the aided person, notify the aided person the amount he is required to reimburse to the Committee.

(2)     In the case where the compensation amount is less than Rs. 10,000 (Rupees ten thousand) the Chairman of the Committee shall waive the recovery of costs though awarded by the Claims Tribunal.

Rule - 33. Recovery of costs.

The moneys spent towards drafting of legal documents, court-fee and on the honorarium to the Advocates shall be included in the costs of the case. If the Claims Tribunal does not award costs, the said expenses shall be recovered from the amount of compensation awarded to the aided person and credited to the Government Treasury.

Rule - 34. Recommendations of Tribunals.

The Claims Tribunals may be informed that in respect of any proceedings pending before them, if an applicant is not represented by an Advocate and if in the opinion of the Claims Tribunal, the applicant is poor and deserves legal aid, the Claims Tribunal may recommend to the Committee for engaging an Advocate. Thereafter, the Member-Secretary of the Committee may, assign an Advocate to the applicant.

CHAPTER VIII ASSISTANCE IN RESPECT OF "NO FAULT" LIABILITY CLAUSE

Rule - 35. Inclusion of "no fault" liability clause in the petition.

(1)     The Panel Advocate shall include in the claim petition itself an averment that the claimant prays for the "No fault" liability being adjudicated initially and the amount paid out to him under Section 140 of the Act and pursue the same on the stand that no separate application is necessary and shall press the Claims Tribunal for orders.

(2)     Where the Insurance Company makes written statement that the insurer is not liable, that may be taken as a ground for immediately moving the Claims Tribunal for orders without prejudice to contesting the insurance defence to call upon the owner to bring in the money.

(3)     When circumstances warrant, the Panel Advocate shall pray for immediate orders of the Claims Tribunal for securing the deposit of the money by way of attachment, arrest, etc.

Rule - 36. Moving the Insurance Company, etc. directly for the money.

(1)     As soon as the claim petition is numbered in the office of the Claims Tribunal, the Panel Advocate shall send a report to the Committee containing the number of case together with the details of the accident, namely, the vehicle registration mark, driver's name, owner's name and the Insurance Policy number, name of the Insurance Company and the driving licence number, etc.

(2)     After obtaining the particulars under sub-rule (1), the Committee shall address the Insurance Company or the public sector undertaking or a Government Department, as the case may be intimating to it the fact of filing of the claim by the Committee and requiring the company or the authority liable to pay the amount of compensation under the "No fault" liability clause to deposit the amount immediately.

(3)     In cases where the insurer is exonerated, the vehicle also not being one owned by the Department of Government or a public transport corporation, the award may be against the owner of the vehicle individually. To avoid the awardee being cheated of his rights, the panel Advocate shall move the Claims Tribunal to take immediate steps to realise the amount by attachment, arrest, etc.

CHAPTER IX PAYMENT OF COMPENSATION UNDER THE "HIT AND RUN" CASES

Rule - 37. Assistance in "hit and run" cases.

(1)     Every application for relief under the Solatium Scheme, 1989 regarding compensation relating to hit and run cases shall be entertained by the Committee like other applications for legal aid.

(2)     The party shall first be examined in the Counselling Centre and then the application in the prescribed form shall be prepared on behalf of the aided person. Then the Accident Relief Cell shall obtain documents of the accident from the medical and police authorities. The Supervisor of the Accident Relief Cell shall help the authority in securing other particulars or supporting documents such as proof of heirship, etc. through the Accident Relief Cell. After completing the formalities, the supervisor shall draw up recommendation and place it before the Member-Secretary. The application may thereupon be forwarded by the Member-Secretary to the Authority constituted under the Solatium Scheme.

(3)     The Committee shall ensure that such claims are disposed of with utmost expedition. The Committee shall watch and follow up these matters with the authorities to secure speedy disposal of claims.

(4)     The incidental expenses required for processing the application shall be made by the Committee.

Rule - 38. Monthly Statement relating to hit and run cases.

Every Committee shall append to the monthly return to be sent to the board under Rule 46, a statement showing

(i)       The number of applications received for relief under said Solatium Scheme.

(ii)      The number of applications processed.

(iii)     The number of applications pending at the end of the month.

(iv)    A statement indicating the details of cases disposed of and the compensation amount paid.

CHAPTER X PAYMENT OF HONORARIUM TO THE PANEL ADVOCATES

Rule - 39. Duties of the Panel Advocates.

(1)     The Panel Advocate may encourage for the fair compromise so that the aided person can secure early relief without prolonging the litigation. But all the compromises shall be filed before the Claims Tribunal and award taken in terms thereof:

Provided that, efforts may also be made to bring the pending claims cases before the Lok Nyayalaya for amicable settlement.

(2)     The Panel Advocate entrusted with the proceedings, shall at the initial stage of the application itself, see that the quantum of compensation claimed is fair and reasonable with reference to the legal precedents so that the quantum so mentioned will be of assistance for the arrival of a reasonable compromise where necessary.

(3)     If the amount stated in the application of the party sent through the Police requires to be increased or reduced, as the case may be, the Panel Advocate shall take steps to have the claim amended at the earliest opportunity with the prior approval of the Committee.

(4)     Other expenses for prosecution of the claim shall be borne by the Committee after scrutinising such bills received from the Panel Advocate.

(5)     The Panel Advocate shall prosecute the claim expeditiously and as required by clause 28 of the Legal Aid Scheme, send to the committee monthly report of the progress of the claim petition in his charge.

(6)     The Panel Advocate shall keep in touch with the progress of the criminal prosecution arising out of the accident in respect of which he is in charge of the claims petition.

Rule - 40. Honorarium to the Panel Advocates.

(1)     In all legal proceedings in respect of accident claims instituted under the provisions of the Act, the Panel Advocates shall be paid honorarium according to the scale prescribed under clause 30 of the Legal Aid Scheme.

(2)     The fees specified in sub-rule (1) shall include all charges including drafting charges, etc.

Rule - 41. Payment of arrears of fees etc., to Advocates.

Within 30 days, after the petition is disposed of the Member-Secretary of the Committee shall ascertain and pay to the Panel Advocate the balance of fees and Court expenses, if any.

CHAPTER XI FINANCE, CONTROL AND SUPERVISION OF THE ACCIDENT RELIEF CELLS

Rule - 42. Finance.

The expenditure required for running Accident Relief Cells shall be met by the Committee from the funds placed at its disposal by the Board for the year.

Rule - 43. Payment of conveyance charges to the aided persons.

If the victims or the relatives of the victims are not in a position to incur expenditure towards the conveyance charges for attending the office of the Committee or the Claims Tribunal, the Committee may after due verification pay the conveyance charges to them from the funds allotted to it, by the Board.

Rule - 44. Verification by Superintendent of Police etc.

The Commissioner of Police/Superintendent of Police shall during the course of his inspection of the Police Station verify whether the provisions of these rules are complied with by the Police.

Rule - 45. Control and Supervision.

(1)     The Board may control the Accident Relief Cell Programme through the office bearers of the respective Committees.

(2)     The Member-Secretary of the Committee shall exercise control on the functioning of the Accident Relief Cell.

(3)     The Accident Relief Cell shall function subject to the overall control, supervision and direction of the Chairman of the Committee.

(4)     A statement of the work done by the staff of the Accident Relief Cell shall be placed before the monthly meetings of the Committee. The Committee shall take into consideration the said work and take steps to improve the work of the Accident Relief Cell.

(5)     [9][So far as Greater Bombay is concerned the Greater Bombay Legal Aid and Advice Committee shall supervise the functioning of the Accident Relief Cell in the manner prescribed in sub-clause (3) of clause 12 of the Legal Aid Schemes.

(6)     A separate report about the functioning of the Accident Relief Cell in Greater Bombay and the statement about the work done by the staff of the said Accident Relief Cell shall be placed before the monthly meetings of the Greater Bombay Legal Aid and Advice Committee. The said Greater Bombay Committee shall take into consideration the said report and the statement and advice the Bombay Motor Accident Claims Tribunal Legal Aid and Committee to take steps to improve the functioning of the Accident Relief Cell and the work of the staff of the Accident Relief Cell in Greater Bombay.

(7)     The Member-Secretary and the Field Officer of Greater Bombay Legal Aid and Advice Committee shall have power to visit and collect information from the Member-Secretary of the Motor Accident Claims Tribunal Legal Aid and Advice Committee for the purpose of preparing the Statement and Report under sub-rule (6) above.]

CHAPTER XII MISCELLANEOUS

Rule - 46. Report about the working of Accident Relief Cells.

(1)     Every Committee shall gather the statistics and keep continuous watch over the motor accidents occurring in their areas.

(2)     Before the 10th of every month, a report about the working and progress of Accident Relief Cell shall be forwarded to the Board by the concerned Committee.

Rule - 47. Publicity.

Whenever any legal services programme is held in the jurisdiction of a Committee, the statistics relating to the accident cases dealt with by that committee shall be announced for the information of the member of the public and Press.

Rule - 48. Progress Register.

Every Committee shall maintain a progress Register for the purpose of watching the progress of the motor vehicles accident claims cases filed by it in the Claims Tribunal.

Rule - 49. Maintenance of Statistics Register.

(1)     Every Committee shall gather and maintain a register of the following statistics,

(a)      (i) the number of cases where the victims suffered injury;

(ii) the number of them which are fatal;

(iii) the number of grievous hurt cases.

(b)      the number of accident cases coming before the Claims Tribunals for compensation through (i) the Police; (ii) Accident Relief Cells; (iii) directly by the party; or (iv) otherwise.

(c)      the number of applications where legal aid has been granted.

Rule - 50. Payment of cash reliefs.

(1)     The Committee shall assist the legal heirs of the persons killed or the persons injured in accidents involving buses plying in the State in getting cash reliefs sanctioned to such persons by the Government.

(2)     The cash reliefs shall be purely ex-gratia and shall not affect any compensation which the victims or the families of the victims will get from the Claims Tribunals or the Insurance Companies and will not also be related to the victims financial status or existing insurance cover. The cash grants may be paid both to the passengers and non-passengers involved in the accidents within the State.

(3)     The Committee may draw up suitable procedure for getting cash reliefs for the victims or the families of victims.