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Circular No 23/2003

No.4(2)/99-LEGAL Date: 14^th August, 2003

All The Zonal Managers/

Sr. Regional Managers / Regional Managers/

District Managers

Food Corporation of India ,

Sub: Revised fees payable to Advocates empanelled for FCI works before various High Courts, subordinate courts, Tribunals, Arbitrators Criminal courts etc (except Bombay & Calcutta High courts)

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In suppression of the schedule of fee payable to Advocates for High Court (except Bombay and Calcutta) subordinate courts /Tribunals /Arbitrators circulated vide circular 10/92 dated 10,8,1992 issued from file No 4(7) Legal, the revised rate of fee applicable to the empanelled advocates are as follows:

A. Before the High Courts (except Bombay and Calcutta ) Part I

B. Before the courts Subordinate to the High Court Part II

C. Before the arbitrators Part III

D. In criminal matters before the Magistrate and Sessions

Courts Part IV

E. Terms and conditions applicable to all empanelled

Advocates Part V

1. The scheme will be effective from 1^st September 2003.

2. The counsel will be paid fee at the old rates in respect of their appearance in the High court etc. and other work done by them prior to 1^st September 03 and at the revised rates in respect of the work done by them on/after 1^st September 03. The fee in respect of drafting work etc. will be paid in accordance with the rates which were applicable to him at the time he completed the drafting work etc.

3. The rates on ad valorem basis are dispensed with. The existing court cases initiated on ad valorem rates as per the relevant High Court rules shall continue on the same basis and no new cases shall be taken up on ad valorem rate after 31.8.2003.

4. The copies of the revised circulars may be circulated to all the empanelled advocates for their information, guidance and necessary action.

5. This issues with the approval of the competent authority.

6. The receipt of the circular may be acknowledged.

7. The Hindi version of this circular will follow.

(S.K. Mukherjee)

Jt. Manger (Legal)

Part I: The rates of fee payable to all empanelled advocates before all the High Courts (except Mumbai and Kolkota High Courts):

Subject Fees payable

(i) Civil or Criminal Writ Petitions under Articles 226

and 227 of the Constitution, appeal from orders made

in such petitions, including appearance on admission

state or in civil miscellaneous petitions, writ appeals/LPA.

If in a case hearing on writ petition goes on for more than

3days, an additional fee of Rs. 450/- per day (not exceeding

three in number) may be paid by way of

refresher fee. Rs. 2250/- per case

(Rupees two thousand two hundred fifty only)

In the cases involving intricate law points, or high stakes or policy issues having wide repercussions, a higher fees may be considered at the appropriate stage by the concerned sanctioning authority.

(ii) Petition under Articles 132 or 133 of the Rs.990/- per case

Constitution in Civil or Criminal case (Rs. Nine Hundred)

Per day subject to

A maximum of

Rs.1800/-(Rs. One thousand Eight hundred)/ case

(iii) A drafting fee of Rs. 500/- (Rs. Five hundred only) is payable to the advocate for drafting each pleadings in writ petition or writ appeals, written statements in suits, counter affidavits, applications for leave to appeal to supreme court.

(Explanation: If substantially identical pleadings are drafted in connected cases, only one drafting fee will be payable in the main case and no separate drafting fee will be payable in connected cases)

(iv) Original suits and appeals: 1) Rs. 900/day (nine hundred

(other than suit/appeals for Declaration for appearance for effective

and injunction) bearing

2) Rs. 300/- day (three

hundred) for non more

than five such hearings in

a case.

(v) Civil or Criminal Revision Rs. 1050/- Per case

(Rs. One thousand fifty only)

(vi) (a) Civil Miscellaneous Appeals or Rs. 750/- Per case

petition under Indian Succession Act (Rs. Seven fifty only)

and other proceedings/Petition of any

nature not specifically provided

(b) Contempt Petitions Rs. 2,000/- Per case

(Rs. Two thousand only)

(vii) Cases under Arbitration Act:- Rs. 900/day (nine hundred)

(a) Arbitration appeals in L.P.A. s etc for appearance for effective

hearing. Rs. 300 / day for non effective hearing with not more than five Such hearings in a case.

(b) In cases under Section 34 of the

Arbitration and Conciliation Act., 1996

Registered as suits,

for appearance for effective hearing

2) Rs. 200/day (two hundred) for effective

hearing with not more than five such hearings in a case. With an overall ceiling of Rs. 1200/-

In case where no legal work is involved and the case is disposed of an oral submission conceding the case of other party, the minimum fee shall be Rs. 450/- (Rs. Four hundred fifty only) and the maximum shall be Rs. 1350/-. (Rs. One thousand three hundred fifty only). Decision of DM (L) in Regional Office, JM (L) in Zonal Office and M (L) in Hqrs as to the admissibility and quantum of fee payable in this behalf shall be final.

Note: The expression “contested case” and “Uncontested case” shall have the same meaning as given in Part-V

(viii) Civil Miscellaneous petitions Rs. 500/- per petition

(of miscellaneous (Rs. Five hundred only)

nature), informa pauperis, transfer petitions and

other civil miscellaneous petitions applications not

other wise provided for,

(ix) Appeals against awards given under the Rs. 900/- day (Rs. Nine

statutes relating to the acquistion or hundred) for appearance

requisition of landed property for effective hearing

ii) Rs. 300/- day )Rs. Three

hundred) for non-effective

hearing with not more than

five such hearing in a case.

(x) Declaratory suits and appeals or injunction suits or appeals

(a) For appeance: Rs. 250/- Per day (Rs. Two fifty only)

(b) Fee for adjournment, Rs. 100/- (Rs. One hundred only)

provided the same is not at the instance

of the advocate concerned.

Note: The fee payable to an advocate under (a) & (b) together shall not exceed Rs. 3000/- (Rs. Three thousand only) in any contested case and Rs. 500/- (Rs. Five hundred only) in any uncontested case.

(xi) Written opinion other than Rs. 450/- (Rs. Four hundred fifty)

matter contested by advocate

(xii) Examination of documents other than those furnished in connection with any suit, writ or other proceeding before a court or Tribunal.

a) Title deed including the House Rs. 900/- (Rs. Nine hundred only)

Advance matters

b) Other documents such as Bonds etc. Rs. 120/- per document

(Rs. One Hundred twenty only)

(xiii) The fees for conference (Provided Rs. 300/-

it is not less than one hour` (Rs. Three hundred only

(Only 3 conferences in a case)

(xiv) A.. Fees for appearance in the case in Rs. 900/- day

the case in Subordinate Court at the (Rs. Nine Hundred only)

Headquarters for appearance for

effective hearing Rs. 300/- (Rupees three hundred only) for non-effective hearing with not more than five hearing in a case

B) Fee for appearance before Rs. 300/- (Rs. Three hundred only

Of the High Courts subject to maximum of five

Appearance

XIV. OUT OF THE HEADQUARTERS;

When the Counsel is required to go out of headquarters in connection with Corporation litigation e.g. for conference with a Senior Counsel, appearance in a court outside the head quarters he will be entitled to a daily fee of Rs. 1800/- (Rs. One thousand eight hundred only) per day for the days of his absence from the headquarters including the days of departure from, intervening holidays and arrival back at the headquarters, but no fee will be paid for he day of departure if the leaves the headquarter after court hours and for the day of arrival if he arrives at the headquarter before the court hours.

2. Travel/Hotel expenses: In addition to the daily fee, the Counsel will also be entitled to travel expenses for travel by air (economy class) or Ii A/C by train, road mileage for the journey from his headquarters to the airport/railways station and vice-versa and from the airport /railway station to the place of his stay out of headquarters and vice-versa at the rates admissible to the Cat-I officers of the Corporation. He will be paid lump sum amount of Rs. 300/- (Rs. Three hundred only) as conveyance charges for performing local journey while outside the headquarters. He also be entitled to reasonable actual expenses for stay in hotel, at par with entitlement of Dy. Manager of the Corporation.

(XV) CLERKAG

In addition to fees mentioned above, the Counsel will be entitled to 10% of fees subject to a maximum of Rs. 1800/- (Rs. One thousand eight hundred only). In a case or batch of cases by way of clerkage.

(XVI) OUT OF POCKET EXPENSES

The amount require for court fees etc. at a time of filing a case and other miscellaneous expenses may be obtained by the advocate in advance from the office concerned in addition a sum not exceeding Rs. 500/- (Rs. Five hundred only). Per case may also be obtained from the concerned office to meet out of pocket expenses. An account of the expenses incurred should be rendered while presenting the final fee bill.

PART – II FEE PAYABLE TO THE ADVOCATES IN THE COURTS SUBORDINATE TO THE HIGH COURTS;

Subject Fees payable

A) In civil suits or appeals from the

Decree of the original suit

B) Civil or Criminal Revision Miscellaneous

Applications, or Petitions under the Indian

Succession Act, inform a pauper is, transfer

petitions and other civil miscellaneous petitions/

application not other wise provided for. Before the

subordinate Courts to the High Courts or other

proceedings of original nature not specifically

provided otherwise.

C) Execution Petition

D) a) Cases under the Aribitration & Concilliation I) Rs. 600/-

Act (Rs. Six hundred) per day

b) Motor Vehicles Act Claim cases for appearance for effective

hearing

ii) Rs. 200/- (Rs. Two hundred) per day for non-effective hearing per day for non-effective hearing with not than five such hearing in a case

C) House rent cases under the Public

Premises (Eviction of unauthorized

occupants Act

D) Labour Courts/Industrial Tribunals

E) Cases under the consumer Protection Act

F) Cases under MR TPC etc.

Note:

1) Where two or more suits together involve substantially identical questions of law or fact, the fee for the first suit shall be paid in accordance with the foregoing clauses for the remaining suits, the counsel may, for all the suit, claims at the rate or Rs. 150/- (Rs. One hundred fifty only) per suit subject to a maximum of three cases on the whole irrespective of the fact whether all the suits are heard together or not.

2) In case where no legal work is involved and the case is disposed of on oral submissions conceding the case of other party, the minimum fee shall be Rs. 300/- (Rs. Three hundred only) and the maximum Rs. 500/- (Rs. Five hundred only) Decision of the DM (L) in the Regional office, JM L) in Zonal office and M (Legal) in the Hqrs. as to the admissibility and the quantum of fee payable in this behalf shall be final.

E) Examination of Title Deeds including the House Rs. 900/-

Building Advance matters (Rs. Nine hundred only)

F) Examination of other documents such as Rs. 120/-

Bonds etc. (Rs. One hundred twenty only)

G) Declaratory suits/injunction suits/

Appeals from such suits

(a) For appearance Rs. 180/- (Rupees one hundred

eighty only) per case

(b) For adjoumment provided the same is not at the Rs. 60/- day

instance of the advocate consumed (Rs. Sixty only)

Note: The fee payable to an advocate under (a) & (b) put together shall not exceed Rs. 3000/- (Rs. Three thousand only in any contested case and Rs. 500/- (Rs. Five hundred only) in any uncontested case.

H. FOR DRAFTING

i) For drafting written statements and grounds of appeal etc the counsel shall be paid a fee of Rs. 500/- (Rs. Five hundred only) per pleading.

ii) For drafting other pleadings of miscellaneous nature the counsel shall be paid Rs. 200/- (Rs. Two hundred only) per pleading.

Provided that if substantially identical complaints, pleadings, written statements, affidavits and grounds of appeal are drafted in connected case, only one drafting fee will be payable in the main case and no separate drafting fee will be paid in connected case.

I. FOR CONFERENCE

For conference, the Counsel shall be paid a Conference Fee of Rs. 300/- (Rs. Three hundred only) per conference subject to a maximum of three such conferences for hearing in an individual case, group of cases.

J. Fee for appearance of the attending Advocate Rs. 750/- per day

(Rs. Seven hundred fifty only)

away from the Hqrs. and returning on the same day.

K) OUT OF HE AD QUARTERS

1. If the counsel is required to go out of headquarters in connection with Corporation litigation e.g. for conference with Senior counsel, appearance in a Court, Commission of Inquiry, before the Arbitrator / Umpires etc. outside the Headquarters, he will be entitled to a daily fee of Rs. 900/- (Rs. Nine hundred only) for the day of his absence from the headquarters including the days of departure, intervening holidays and arrival back at the headquarters, but no fee will be paid for the day of departure if he leaves the headquarters after Court hours or for the day of arrival if he arrives at the headquarters before the court hours. The daily fee will be in addition to the usual fee as prescribed therein.

2. TRAVEL / HOTEL EXPENSES; In addition to the daily fee, the Counsel will also be entitled to travel expenses for travel by air (economy class) or II-A/C by train, road mileage for the journey from his headquarters to the airport/railway station and vice-versa and from the airport/railway station to the place of his stay out of headquarters and vice-versa at the rates admissible to Cat-,I officers of the Corporation. He will be paid a lump sum amount of Rs. 300/- (Rs three hundred only) as conveyance charges for performing local journeys while outside the headquarters. He will also be entitled a reasonable actual expenses for stay in hotel, at par with the entitlement of Dy. Manager of the Corporation.

L) CLEARKAGE;

The counsel will be entitled to a Clerkage @10% of the fees subject to a maximum of Rs. 1800/- (Rs. One thousand eight thousand eight hundred only) in a case or batch of cases.

M) OUT OF POCKET EXPENSES;

The filing expenses may be obtained in advance with the prior approval of competent sanctioning authority. In addition to this, he may take an advance of Rs. 300/- (Rs. Three hundred only) per case from the concerned Officer with the approval of the sanctioning competent authority to meet the miscellaneous expenses in connection with the case. This amount of Rs. 300/- (Rs. Three hundred only) is to be accounted for while submitting the final fee bill in the case.

PART III : BEFORE THE ARBITRATORS

The fees payable to the Counsel for matters before the Arbitrators would be as follows:

a) Fee for effective hearing (per appearance) Rs. 750/- day

(Seven hundred fifty only)

b) Non-effective hearing Rs. 150/- per day

(Rs. One fifty only) per hearing

with not more than five such hearings

in a case.

c) For drafting pleadings i.e. applications Rs. 450/-

or objections etc. (Rs. Four hundred fifty only) per pleading

Note: If substantially identical application or objections are drafted in connected cases only one drafting fee will be payable in the main case and no separate drafting fee will be paid in the connected cases.

d) Conference fee per actual conference Rs. 180/-

subject to a maximum of three (Rs. One hundred eighty) per case

such conference for hearing in individual case.

IV OUT OF HEADQUARTERS

1. If the Counsel is required to go out of headquarters in connection with Corporation Arbitration, he will be entitled to a daily fee of Rs. 1200/- (Rs. One thousand two hundred only). Per day irrespective of the number of cases heard on any single day of the days of his absence from the headquarters including the day of departure from, intervening holidays and arrival back at the headquarters, but no fee will be paid for the departure after court hours or for the day of arrival if he arrives at the headquarters before the court hours.

2. Travel / Hotel Expenses

In addition to the daily fee, the Counsel will also be entitled to travel expenses for travel by air (economy class) or II-A/C by train, road mileage for the journey from his headquarters to the airport /railways station and vice-versa and from the airport / railway station to the place of his stay out of headquarters and vice-versa at the rates admissible to Cat. I (DM) officers of the Corporation. He will also be paid lumpsum amount of Rs. 300/- = (Rs. Three hundred only) as conveyance charges or performing local journey while outside the headquarters. He will also be entitled be entitled to a reasonable actual expenses for stay in hotel, at par hotel, at par with the entitlement of D.M of the Corporation.

III) Out of Pocket Expenses: The counsel will not be entitled to any fee by way of “Out of Pocket expenses”.

Part IV: In criminal matters before Magistrates and Session Courts:

1. Before magistrates Rs. 200/- per day

(Rs. Two hundred only)

2. Before the session Courts Rs. 300/- per day

(Rs. Three hundred only)

3. Drafting: Rs. 200/- (Rs. Two hundred only) for each

drafting subject to a ceiling of Rs. 600/- (Rs. Six hundred only) in a case. The ceiling can be relaxed at the discretion of the Competent Authority.

Note: No fee will be payable in case of adjournment if the same is at the instance of the attending advocate or an intimation has been sent to him in advance for such adjournment. He will also be entitled clearkage@10% of fees subject to ceiling of Rs. 750/- (Rs. Seven hundred fifty only).

Part –V: Terms & Conditions applicable to all the empanelled advocates

1. The scheme shall be operative in respect of litigation cases of the Corporation (FCI) handled by the empanelled advocates before all the High Courts (except Mumbai & Kolkata), Subordinate Courts, Criminal Courts, Rent Controllers, etc.

2. The period of the panel will be 3 years terminable on one months notice on either side as per the FCI guidelines issued form the Hqrs. from time to time.

3. The advocate will be required to intimate the place of his sitting/Hqurs.

4. The advocate shall furnish to the Corporation half yearly statement containing particulars of each case handled by him and such other details and reports as may be called for by the corporation from time to time.

5. He shall keep the concerned Office/offices of the Corporation informed of the important development sin every case from time to time, particularly with regard to the drafting, filing of papers, date of hearing of the such other information as may be called for from time to time.

6. The advocate if so required appear in District and Subordinate Courts, Tribunals Commission of Inquiry, before the Arbitrator etc. at the Hqrs/Outside the Hqrs. and also to perform such other duties of Legal nature which may be assigned to him by the Corporation.

7. The counsel will not be entitled to payment of any kind of retainer fee.

8. He will, in all cases handled by him and decided wholly or partly against the Corporation, give his written opinion at the earliest on the advisability of filing an appeal etc. from such decision. The advocate shall not be entitled to any fee for such opinion.

9. The empanelled advocate shall, when any case handled by him is decided (for or against the Corporation) without any delay apply for and obtain a certified copy of the judgement/decree or order etc. pronounced in the matter and forward it to the concerned office at the earliest that office to take further action on the matter.

10. Appeals, revisions or petitions arising from a common judgment or order will be considered as one case, if heard together.

11. In all cases, effective appearance in necessary to entitle the counsel to claim fee.

12. When two or more cases (which term shall include writs) together involve substantially identical question of law or fact, anyone of such case will be 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) Full fees in the main case and 10% of the main case fees in each connected case but in any case the fee of the connected case shall not exceed than the fees of the main case i.e. the maximum will be double of the main case fee.

b) The actual expenses regarding typing stamp paper etc. will be reimbursed for each connected case, pleadings by way of actuals.

13. The fee will by the office concerned on presentation of a stamped receipt by the advocate.

14. The counsel will have the right of private practice which should not however, interfere with the efficient discharge of his duties as Counsel for FCI. The standing Counsel shall not advise in or accept any brief against FCI in case in which he is likely be called upon to appear for or advise or which is likely to affect or in any way lead to litigation against FCI. If the counsel happens to be a partner of firm, it will be incumbent on the firm not to take up any case against the Corporation.

15. An empanelled advocate may, during his absence, with the permission of the Food Corporation of India , appoint a substitute to discharge his duties without any additional fees payable by the corporation. Even after the empanelled advocate ceases to be on the panel of the Corporation, either on expiry of the period of empanelment or other wise, he shall abide by Clause (14) above, failing which he shall return to the Corporation all the pending cases being handled by him.

16. The various terms used in this scheme will have the following meaning:

a) Effective hearing: A hearing in which either one of both the parties involved in a case are heard by the Court. If the case is mentioned and adjourned or directions are given or only judgement is delivered by the court, it would not constitute an effective hearing, but will be termed as non-effective hearing.

b) Uncontested case: All suits and appeals are deemed to be ‘uncontested’ if these are withdrawn by the plaintiff/appellant or are dismissed in limine or are otherwise decided by the Court ex parte before the final hearing. No writ petition/revision petition/second appeal (including any interlocutory applications connected therewith) 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 Corporation or is withdrawn by the Corporation at the Corporation at the time of it admission.

c) Substantial work: When the case has been admitted by court after hearing of preliminary objections or filing of the affidavit/counter affidavits etc. by the counsel, ‘substantial work’ will be deemed to have been done.

d) Identical cases: Two or more cases with substantially identical question of law or facts are involved and where the main difference is in the names, addresses of the parties concerned, amount of money involved etc. where the common or identical judgments are delivered irrespective of the fact whether all the cases are heard tougher or not.

17. No fee will be payable in cases where no legal work is required to be done, eg. Cases in which the interests of the Corporation are to be watched pending instructions, cases regarding transmission of record to the Supreme Court, inspection of the Court records for ascertaining the position of the case or other information needed.

18. No fees will be admissible for preparation but the competent authority may consider payment of a separate fee for preparation in special cases involving arduous work.

19. In the Counsel appears at the instance of the Corporation for parties other than the Corporation whose case is not in-Corporation, he will not be entitled to any extra fees.

20. In ‘uncontested cases’ the fee shall be one-third of the fees otherwise payable but if such a case is later on restored and decided on contest, the remaining two-third of the fee will be payable. A case shall be regarded as contested when decision is given after hearing arguments on both sides.

21. No fee will be payable to the Counsel if an advance notice about the adjournment has been issued or the adornment of the case has been made at his request due to reasons personal to him.

22. The fees will be payable in 3 stages: firstly 1/3^rd after completion of the arguments and the last instalment of 1/3^rd will be paid after the decision of the case.

Provided however, during the pendency of a case a counsel is changed for some reason or the other a fee as per the work done by the outgoing counsel shall be paid as above and the balance fee can be paid to the incoming counsel., however, the admissibility of quantum owing to such change can be further decided by the competent authority in consolation with the Legal Officer attached to such authority.

23. An advocate who ceases to be on the Corporation’s panel of advocates for the Corporation’s work for whatever reasons, may be allowed to continue to hold Corporation’s briefs pending with them at the time of his cessation to be on FCI’s panel subject to the condition that he does not advise or accept any brief against the Corporation in any court or Tribunal as long as such pending cases are being handled by him and not finally disposed of by the court concerned.

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