FCI
before Supreme Court.
In partial modification
of Circular No. 1/2001 dated 26.3.2001 issued from file no: 4(1)/95-Legal, the
following Scheme of fees, rates, terms and conditions applicable to Supreme
Court panel Advocates of FCI is issued with immediate effect.
1.
SCOPE OF THE SCHEME
a.
The Scheme
will be operative in respect of all the matters arising and pending before the
Supreme Court pertaining to Food Corporation of
b.
Allocation
of cases to the Standing Counsel:
Each
Standing Counsel shall be assigned such work as the FCI may direct and shall be
under the General Supervision of Law Officers concerned. The cases will be
allotted to the Standing Counsel on equitable basis depending upon the expertise
and usefulness of the Advocate.
2.
DEFINITIONS
For the purpose of the Scheme, the
expressions:
a.
‘counsel’
will mean and include Advocates empanelled in the FCI panel for Supreme Court.
b.
The
entrusting officer means and includes the MD / ED (L) / Zvis / SRMS / DMS as the
case may be end their successors in offices.
c.
Competent
Authority means the authority in FCI who will have the powers to approve the
empanelment of standing Counsel for supreme court.
3.
DUIES
a.
The
Counsel shall appear whenever required in the Supreme Court on behalf of FCI in
cases in which the FCI is a party.
b.
The
Counsel shall directly and personsily deal with the cases and will not entrust
cases to the other Advocates or this Junior Advocates unless agreed to by the
Corporation.
c.
The
Counsel shall whenever any case attended to by him is decided against the FCI or
its officers give his opinion on the further course of action rises from such
& decision.
d.
The
Counsel shall keep the Corporation informed of the important developments in the
case from time to time particularly with regard to the drafting, filing of
papers, dates of hearing or the case and its outcome, supplying copies of the
Judgments etc.
e.
The
Counsel shall furnish to the Corporation, the periodical reports / returns which
may be called for by the FCI from time to time
f.
The
Counsel shall render the detailed account of the Advances received from time to
time to the Corporation for proper adjustment of the same against his fee bills.
4.
FEE PAYABLE TO THE STANDING COUNSEL:
The details of fee payable to the Standing Counsel for the Professional Services rendered in terms of this Scheme are provided in the Schedule to this Circular.
5.
GENERAL CONDITIONS
1. The various duties and functions likely to be performed by the Counsel under this Scheme will have the following meaning:
a.
Effective
Hearing :
A hearing in which either one or both the parties involved in a case are heard by the Court,. If the case is mentioned and adjourned or only directions are given or only judgment is delivered by the Court, it would not constitute an effective hearing, but will be treated as non-effective hearing.
b.
Uncontested
Cases:
All suits and appeals are deemed to be ‘uncontested’ if these are withdrawn by the Plaintiff / Appellant or is disserve missed in limine or otherwise decided by the Court experts before the final hearing. No Writ Petition / appeal (including any interlutory application connected the with) will be considered as ‘uncontested’ if it is decided by the Court on preliminary Legal objections or is withdrawn by the Petitioner / Appellant at or during any stage of the final hearing in the presence of the FCI counsel or is withdrawn by the FCI at the time of its admission.
c.
Substantial
Work:
When the case has been admitted by the Court after hearing the preliminary objections or filing of the affidavits / counter – affidavits etc. by the Counsel, ‘substantial work’ will be deemed to have been done.
d.
Identical
Cases:
2.
Two or more cases in which substantially identical questions of law of
facts are involved and where the main difference is in the names, addresses of
the parties concerned, amount of money involved etc. Where common or identical
judgments are delivered irrespective of the fact whether all the cases are heard
together or not.
3.
In all cases effective appearance is necessary for the council to claim
the fee.
No fee will be payable
in cases where no legal work is required to be done e.g. cases in which the
interests of the FCI are to be watched, transmission of record to the Supreme
Court, inspection of the Court record for ascertaining the position of the case
or other information needed etc.
4.
No fee will be payable to the Counsel if an advance notice about the
adjournment has been issued or the adjournment of the case has case has been
made at his request for reasons personal to him.
5.
No fee will be
admissible for preparation but the FCI may consider payment of a separate fee
for preparation in special cases involving arduous work.
6.
If the Counsel appears at the instance of the FCI for the parties other
than the FCI whose case is not inconsistent with that of FCI, he will be
entitled to only one set of fee.
7.
Appeals, revision or petitions arising from the common judgment or order
will be together considered as one case, if they are heard together.
8.
When cases argued before a Division Bench or are referred to a Full Bench
separate fee at the prescribed rates will be paid for appearance before each
Bench.
9.
In ‘uncontested cases’ the fee shall be one third the fee otherwise
payable but if such a case is later on restored and decided in contest the
remaining two-third of the fee will be payable. A case shall be regarded as
‘Contested’ when a decision is given after hearing arguments on both sides.
10.
Where two or more cases (but not more than 10 cases) involving
substantially identical questions of law or facts are filed anyone of such cases
will treated as a main case and the others as connected cases and the fees in
such cases will be regulated as under, irrespective of the fact whether all the
cases are heard together or not.
a)
When the
Counsel files separate and materially different affidavits, applications or
grounds of appeal etc. in more than one case but other cases are decided
accordingly, the Counsel shall be paid the full fee in the main case and one
fourth in each of the connected cases.
b)
When the
main case has been contested as in (a) above, but in the connected cases other
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. 250.00 only in each of the connected cases.
c)
When
substantially different affidavits are drafted in each connected case but all
the cases are disposed of without contest, the counsel shall get 1/3rd
fee in the main case and Rs.
d)
When the
Counsel has drafted the affidavits, petition of grounds of appeal in the main
case and has not drafted them in the connected cases the drafts in the connected
cases are substantially similar to the one in the main case and the cases are
disposed of without contest, the Counsel shall get 1/3rd fee in the
main case, and Rs. 75/ in each of the connected cases.
11.
The fee to the Counsel will be paid by the FCI on presentation of a
stamped receipt, and on submission of a copy of the document drafted if it is a
drafting fee and submission of minutes gist of proceedings or a copy of order /
Judgement where it is necessary in case the claim is for appearance fee. The
Counsel shall submit his bill of fee within three months from the date on which
the fee has accrued.
12.
The fee will be paid in two stages; first 1/3rd fee after
substantial work has been done and secondly the remaining 2/3rd fee
after the case has been decided.
Provided nowover where during the penddncy
of a proceeding, a Counsel is changed for some reason or the other fee
commensurate to the wok done by the outgoing Counsel, not exceeding 1/3rd
of the total fee admissible for the cases, may be paid. In such an event the
balance of fee payable in the case will be paid to the new Counsel after
completion of the case. As regards admissibility and quantum of fee in such
cases, the decision of the FCI shall be final.
13.
The Counsel will be issued an Account Payee Cheque to meet the initial
expenses as soon as the case is entrusted to him subject to adjustment.
14.
Right to Private Practice & Restitutions:
The Counsel shall have right to private practice which should not however
interfere with the efficient discharge of his duties as a Counsel for the FCI.
The Counsel however is not expected to accept any brief against FCI during his
tenure of empanelment with the F.C.I.
FEE STRUCTURE OF THE SAIDTING COUNSEL
1.
For drafting SLP/WP
Rs. 3500/- per draft
2.
For preparing counter/
Rs. 2500/- per draft
Rejoinder
3.
For appearance at admission
Rs. 3500/- per appearance
savage on Respondent’s
4.
For each effective
Rs. 5500/- - do –
5.
For serving the Index / Paper
Rs. 2200/- - do –
Book etc.
6.
For appearance before
Rs. 1750/- - do –
Registrar / Chamber / of the
Judge.
7.
For Caveat filing
Rs. 1100/-
8.
For acting fee (Depending upon
Rs. 1100/- consolidated
total attendance & volume of work
9.
Court Fee / Stamps on Vakalat
Actuals. On proper
petitions etc.
certification by the Advocate.
10.
Clearage / out of pocket
Actual fee claimed subject to
expenses
a maximum of Rs. 2000/-
per case.
11.
Expenses on account of typing,
Actual based on the certifi-
stenography making sets for
cation by the counsel subject
presentation in the courts etc.
to a ceiling of 20% of the
Advance in
each case; provided further that a special sanction shall be obaiped with proper
justification for cleaning actual expenses exceeding the above ceiling.
12.
Fee for Conference
Rs. 1100/- per effective
conference
subject to a maximum of 3 conferences per case.
Note: 1
There will be no conference fee for misc. applications unless such wise
applications are of original nature warranting detailed briefing and
discussions.
2. No
conference fee shall be payable if such conference are none effective.
13.
Fee for tendering with then legal
Rs. 3500/- (Three shous and
opinion in matters other than
five hundred only
those conduced by the Advocate.
(Consolidated)
Note: The above schedule of fees is applicable subject to the conditions that
the total fee payable to an Advocate in a cose shall not exceed Rs. 30,000/-
(Thirty thousand only) excluding expenditure under items 9, 10 and 11 above).
13. GENERAL
i)
The above
fee schedule will be subject to general conditions.
ii)
In respect
of oases entrusted to the Counsel before the effective date of this scheme and
if such Counsels are not continued in the panel out having the old oases their
bills are to be regulated, the work done prior to the issue of this circular
under the old scheme and the work done after the issue of this circular the
bills are to be regulated under the provisions of this circular.
iii)
The
Advocate shall not be entitled for any special fee in the normal course. Only in
extreme and rare cases where the nature of the work is so intricate and
complicated involving question of law and arduous work with multiplicity of
bearing etc. a reasonable claim for such fee can be considered for approval with
the concurrence of ED (Fin). Special fee shall be allowed only with the orders
of Managing Director.
iv) In the event of any doubt or difference regarding the fees of any interpretation of the provisions of this scheme, the decision of the FCI shall be final and binding.
Manger (Legel)
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