Payment of Legal Fee to Central Govt. Counsels – clarification

Payment of Legal Fee to Central Govt. Counsels – clarification

No. : LC/Advocate Fee Bill/Vol.II

 Dated: 15.05.2018

To
All PCsDA / PCA(Fys) I CsDA / CFAs

Subject :- Payment of Legal Fee to Central Govt. Counsels – clarification reg.

With reference to the existing provisions relating to processing of Govt. 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:-

S.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 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 “XIII General”) in OMs dated 24.09.1999, “the fee will be payable in two stages firstly,   1/3’1 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

 

As per the OM dated 01.10.2015, a sum of Rs. 9000/- per hearing besides other charges as applicable, is to be paid to the Govt. Counsel. In case the payment is to be regulated in two (02) parts, viz., 1/3rd and 2/3rds, how to determine the totalfee payable so as determine 1/3rd &  2/3rd.

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, the distinction   of 1 /3rd      & 2/3rd has          been  done away with.

Ii

In terms of Para     10(a)  under “XIII-General” of OMs

bearing No.24(2)/99-Judl, 25(3)/99-Judi, 26(1)/99-Judl & 26(2)/99-Judi all dated 24.09.1999,

 

“when the Counsel filed separate and materially different affidavits, applications or grounds of appeal etc. in more 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”.

 

Point of Doubt

 

Whether the rate of fee of Rs. 150/- has been revised thereafter or not.

The fee has not been revised. (High Courts & CATs).

 

Note:

 

Fee for identical cases in r/o cases in High Courts and CATsnot revised in OMs No.23(2)/2011 –Judl & 26(1)/2011 – Judl both dated 01.09.2011

 

However, for  identical cases in r/o cases in District , fee revised to Rs.500- vide OMNo.27(25)/2011-Judl. Dated 01.09.2011. The fee has further been revised to Rs. 750/- per suit for connectedcases (Maximum 3) Vide OM.No.26(1)/2014/Judi dated 01.10.2015

 

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 revised rate of fee in place of Rs. 75/-, if revised, may be intimated.

 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

 

Whether “Clerkage” is payable to Govt. Counsels in respect of cases pending before various benches of

CATs & High Courts.

Yes,   Clerkage      @      10% is

Payable to   the     Counsels

before          various benches    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

 

Whether the Legal Fee at normal/full rates can be paid to the Govt. Counsel for the hearings held prior to 27.09.2016. On 27.09.2016, the cases have been

connected.

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 Counsels, separate fee shall be payable to each one of them even after 27.09.2016.

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 involved, groups of ten (10) cases each may be made, treating one case in each group as the main case and other nine(9) cases as connected cases and pay the fee to Counsel.

 

Clarification Sought

 

Whether provision of bunching identical cases is applicable in District & Subordinate Courts.

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.26(1)/2014-Judl dt.01.10.2015.

The relevant OMs are available on the website of the Ministry of Law & Justice, Department of Legal Affairs.

2. All the legal fee bills of Govt. Counsels may be regulated accordingly.

S/d,
(Praveen Kumar Rai)
Sr.Dy.CGDA(AN)

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