No. : LC/Advocate Fee Bill/Vol.II
Subiect :- Payment of Legal Fee to Central Govt. Counsels – clarification
reg.
Counsels Legal Fee bills, a few doubts have been raised by some of the
PCsDA/CsDA. The same have been taken-up with the Ministry of Law &
Justice, Department of Legal Affairs (Judicial Section) for
clarification/guidelines. Based on the clarifications received, the summary
of the points of doubt and clarification are as give below:-
| No. | Existing provisions and point of doubt | Clarification |
| i) | The revised fee structure applicable to Govt. Counsels of Supreme Court/High Court/CAT/Distt. Courts has been notified by Min. of Law & Justice, Dept. of Legal Affairs vide their OM bearing No. 26(1)/2014/Judl. dated 01.10.2015. While the fee is revised vide above said OM dated hearing. 01.10.2015, all the other terms & conditions contained in various earlier OMs dated 24.09.1999, 14.05.2001, 31.01.2008 and 01.09.2011 shall continue to remain applicable unless specifically revoked. As per Para 12 of general terms & conditions of payment (para 12 of “General”) in OMs dated 24.09.1999, “the fee will be payable in two stages firstly, 1/3’d fee after substantial action has been taken, i. e., first stage and secondly the remaining 2/3rd fee after the case has been decided, i.e. second stage”. Point of Doubt |
The fee of Rs. 9000/- is to be made per case per day for each day of the effective hearing. With the shift from per case basis to per hearing basis, |
| ii) | In terms of Para 10(a) under “XIII-General” of OMs bearing No.24(2)/99-Judl, 25(3)/99-Judl, 26(1)/99-Judl & 26(2)/99-Judl all dated 24.09.1999, “when the Counsel filed separate and materially different affidavits, applications or grounds of appeal etc. in more than Fee for identical than one case but the argument is heard in the main case and the other cases are decided accordingly, the Counsel shall be paid the full fee in the main case and Rs. 150/- in each of the connected case” |
The fee has not been & revised (High Courts & CATs). Note:- |
| iii) | Similarly, in terms of Para 10(b) of above said OMs dated 24.09.1999, “when the main case has been contested as in (a) above but in the connected cases either affidavits or grounds of an appeal or petition similar to the one in the main case or nothing at all has been drafted by the Counsel, he shall be paid the full fee in the main case and Rs. 75/- only in each of the connected cases ”. Clarification sought |
The fee has not been revised. |
| iv) | In terms of OM No. 26(1)/2014/Judl. dated 01.10.2015, Part-E, “Clerkage” @ 10% of total fee is payable in respect of cases pending before District & Subordinate Courts. Clarification sought |
Yes, Clerkage @ 10% is payable to the Counsels before various lbenches of CATs and High Courts. |
| v) | Three (03) Contempt Petitions, viz. CP/18/2016, CP/209/2016 and CP/210/2016 are pending before CAT (PB), New Delhi and being defended by Govt. Counsel. The 03 CPs have been connected together during the hearing held on 27.09.2016. Prior to 27.09.2016, the cases are being handled separately and hearings held separately.
Clarification sought |
In the 3 Contempt Petition’s separate fee for each case shall be payable before 27.09.2016 and connected fee shall be paid thereafter. However, if the instant 3 CPs have been marked to different |
| vi) | The rates for Clerkage and typing charges in connected cases sought for. |
The rates of clerkage are specified in OMs available on Min. of Law – & Justice website. As regards, typing charges, OM. F.No.33(1)/2000-Judl dated 11.09.2000 may be referred to. Para 4 of said OM states as follows:-…………… (see annexure attached) |
| vii) | Dept. of Legal Affairs vide their OM No. 33(1)/2000-Judl. dated 11.09.2000 has issued clarifications on certain issues, applicable to various High Courts/ CATs. As per Para 3 relating to identical cases, where more than ten (10) identical cases are in groups of ten (10) cases each may be made, treating one case in each group as the main case and other nine (09) cases as connected cases and pay the fee to Counsel. Clarification sought |
The provisions contained in OM No. 33(1)/2000-Judl. Dated 11.09.2000 not applicable to Subordinate Courts (bunching in groups). Further, payments to be made in terms of OM No. 27(11)/99-Judl. dt. 24.09.1999 as amended by OM No. 26(1)/2014-Judl dt. 01.10.2015. |
Justice, Department of Legal Affairs.
COMMENTS