36
No.
4(2) 99-Legal
Date:14th August, 2003
Circular No: 24/2003
All
Zonal Managers/
Sr.
Regional Managers/Regional Managers,
Food
corporation of
---------------------------
Sub:
Revision of fee payable to advocates in the High Court at Mumbai and Kolkata
w.e.f. 1st September, 2003.
Pursuant to the revision of rates of Advocate fee by Ministry of Law Justice and Company Affairs Department of Legal Affairs vide its circular dated 14th May, 2001 New Delhi 2001New Delhi for Central Government counsels in the Mumbai/Kilkata High Court, it has been decided by the Management to revise the rates of fee payable to the empanelled advocates of the FCI before Mumbai and Kolkata High Court at par with senior counsel –Group II in suppression of preceding circulars on the following rates, terms and conditions:
A. Before the High Court of Mumbai & Kolkata Part I
B. Before the Courts Cubordinate to the High Court Part II
C. In criminal matters before the Magistrate and
Session Court Part III
D. Terms and conditions applicable to all empanelled
Advocates Part IV
1. The scheme will effective from 1st September 03, 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 1st Sept. 2003, and at the revised rates in respect of the work done by them on/after 1st Sept. 2003 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.
2. The copies of the revised circulars may be circulated to all the empanelled advocates for their information, guidance and necessary action.
3. This issues with the approval of the competent authority.
4. the receipt of the circular may be acknowledged..
5. The Hindi version of this circular will follow.
S.K.
Mukherjee
Jt.
Manager (Legal)
Part 1.: The rates of fee payable empanelled advocates before the High Court Mubai and Kolkata.
Subject.
Fee payable
1. Suits, Appeals Writ/Revision Petition Including Rs. 1250/-
Special Civil Application in the
(per day per effective hearing) hundred fifty only)
Conference/consultation (per consultation) Rs. 200/-(Rs.two
hundred only)
2. application including interim motions Notices,
Appeals, leave Application, Arbitration Company Rs. 700/-
Matters, Criminal. Revision and other land (Rs. Seven hundred Only)
Acquisition Reference (Per day per effective Heaing)
Conference/Consultation (per consulation) Rs. 200/- (Rs. Two
hundred only)
3. Drafting or setting pleadings, and affidavits Rs. 500/-
(per pleading) (Rs. Five hundred only)
Conference/Consultation (Per consultation) Rs. 200/- (Rs. Two
hundred only)
4. Appearance before Arbitrator and Tribunals, Rs.1250/-
etc. and courts other than the High court (Rs. One thousand two
(per day per effective hearing) hundred Fifty only).
Conference/consultation(per consultation) Rs. 200/- (Rs. Two
hundred only)
5. Chamber application including adjournment Rs.300/-
application per day inclusive of consultation (Rs. Three hundred only)
6. Written opinion and written advice (including Rs. 450/-
per day inclusive of consultation) (Rs. Four hundred only)
Note: In case of conference / consultation there will be a ceiling of four relaxable to six at the discretion of the Competent Authority.
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 I) Rs. 600/- (Rs. Six
Application, or Petitions under the Indian hundred only) per day
Succession Act, informa pauperis, transfer for effective hearing
Petitions and other civil miscellaneous ii) Rs. 200/- (Rs. Two
Petitions/application not other wise hundred per day for
Provided for before the subordinate non-effective hearing
Courts to the High Courts or other with not more than five
Proceedings of original nature not such hearing in a case.
Specifically provided otherwise.
C) Execution Petition
D) a) Cases under the Arbitration & Conciliation Act
b) Motor Vehicles Act claim cases
c) Labour Courts/Industrial rribunals
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 MRTPC 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 of 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 Decds including the House Rs. 900/-
Building Advance matters (Rs. Nine hundred only)
F) Declaratory 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 adjournment provided the same is not at the Rs. 60/- day
instance of the advocate concerned (Rs. Sixty only)
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.
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 pleading of miscellaneous nature the counsel shall be paid Rs. 200/- (Rs. Two hundred onl) 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 cases.
(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, and group of cases.
J) Fee for appearance of the attending Rs. 750/- Per day
(Rs. Seven hundred fifty only)
Away for the Hqrs. and returning on the same day.
K) OUT OF HEADQUARTERS
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 lumpsum 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) CLERKAGE;
The counsel will be entitled to a Clearage @ 10% of the fees subject to a maximum of Rs. 1800/- (Rs. One 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. In addition to this, he may take an advance of Rs. 300/- (Rs. Three hundred per case from the enncound officer with the approval of the annotiong eempetent 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: 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 clearage @ 10% of fees subject to ceiling or Rs. 750/- (Rs. Seven hundred fifty only).
Part – IV: Terms &
conditions applicable to all empanelled advocates
1. The scheme shall be operative in respect of litigation cases of the Corporation (FCI) handled by the empanelled advocates before the Mumbai & Kolkata High Courts.
2. The period of the panel will be 3 years terminable on one months notice on either side as per the FCIs guidelines issued from the Hqurs. From time to time.
3. The advocate will be required to intimate the place of his sitting/Hqrs.
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 developments in every case from time to time, particularly with regard to the drafting, filing of papers, date of hearing of the case or 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 Hqurs. 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 decaion. The mlvoate 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 to enable 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. 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 other 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.
However, it is provided that the relaxation in payment of maximum fees is within the competence of the of the competent authority in consultation with the Legal Division. When appeals are filed against the final judgement of any one or more of such connected cases, separate fees payable treating the appeal as different case.
13. The fee will be paid by the office concerned on presentation of stamped receipt by the advocate.
14. The counts 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 any 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
The varies 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 judgment is delivered by the court, it
would not constitute an effective hearing, but will be termed 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 are
dismissed in hearing. No writ petition/revision potition/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 time of it admission,
c)
Substantial work: When the case been admitted by court after
hearing of preliminary objections or filling 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 judgements are delivered irrespective of the fact
whether all the cases are heard together 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 instruction, case 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 any consider payment of a separate fee for preparation in special cases involving arduous work.
19. If the Counsel appears at the instance of the Corporation for parties other than the Corporation whose case is not in-consistent with that of the 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 adjournment of the cases has been made at his request due to reasons personal to him.
22. The fees will be payable in 3states: firstly 1/3rd fees after substantial work has been done i.e. first stage and secondly remaining 1/3rd of the 2/3rd after completion of the arguments and the last instalment of 1/3rd 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 fee 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.
24. In the event of the doubt or difference in the matter of interpretation of any provision contained in this scheme, the concision of the concerned Manager (Legal) shall be final and binding on all concerned.
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