38
No.
1(1)04/Legal
Dated:10.09.04
CIRCULAR NO.50/04
Sub:
Guidelines for drawing panel of advocates for Corporation
In suppression of all existing instructions on the subject the following fresh guidelines for empanelment are issued with immediate effect.
A
QUALIFICATIONS
1. The Advocates to be empanelled shall be familiar with various branches of law especially those concerning the Corporation such as Constiutional/Service law Labour, Contracts Commercial law, maritime law, property laws Taxation etc.
2. The Advocates to be empanelled shall have the minimum professional experience as under:
Supreme Court of
All High Courts in
Subordinate Courts . 7 yrs
3. For considering empanelment to the Supreme Court panel, normally only those Advocates who are regularly practicing in the Supreme Court of India including Advocate-on-Record of the Supreme Court would be considered if they are otherwise competent and suitable for Corporation work. The courts where the Advocate ordinarily and regularly practice may also be taken into consideration while processing the case for empanelment.
4. (a) in case of empanelment of Law Firms, all the terms and conditions for empanelment to the FCI panel as applicable to the individual Advocates shall apply mutates mutandis to the Firms. However regarding professional experience, at least the senior partner/associate shall have 10 years of standing in the legal profession.
(b) The Associate of the Firm who is representing the Corporation before the courts shall invariably fulfil all the criteria under the guidelines for empanelment to the Corporation panel.
(c) The responsibility of all associates/partner/members of the Firm shall be joint and several.
B TENURE
6. Corporation reserves the right to terminate the empanelment at any time without assigning any reason.
C GENERAL
7.
The size of the panel and the number of Advocates in the panel
shall be determined by the competent authority from time to time based on the
requirement and the quantum
8. While considering the empanelment cases, if necessary, confidential enquires may be made in the respective Bar Council/Bar Associations regarding the expertise and reputation of the Advocate:
9. The work shall be distributed among the panel Advocates equitably, taking into consideration the expertise of the lawyer and his performance in successfully dealing with the Corporation cases. Engagement of Advocates shall be done by the officer (ED/ZM/SRM/District Manager) in consultation with the Law officer/Litigation in charge. Cases involving similar issues/points of law or likely to be disposed of in a batch may be entrusted to the same Advocate as far as possible, while all care shall be taken to avoid concentration of cases in the hands of one Advocate.
10. Litigation work of the corporation shall be entrusted to the Advocates only. However in case it is not possible for any reason (to be recorded in writing), other Advocates, preferably central government counsel/state Government pleaders may be engaged on FCI scheme of rates/Government rates, with the approval of the Competent Authority.
11. The details of the Advocate to the empanelled shall be obtained in the Annexure-I format.
12. The empanelled Advocates shall personally deal with the Corporation cases and they should coordinate and work with the Designated Designated Sr. Advocates, if any, engaged
D
FEES
13. The Advocates fees and other terms and conditions of the empanelled Advocates will be regulated as per the scheme issued vide circulars 23/04 and 24/04, issued from file No.4(2)99-legal dated 14.8.04 and circular No.49/04 issued from file No. 1(1)/04 legal dated 10.09/04 and as amended from time as the case may be.
14. No retainer fee shall be paid to any panel Advocate/law Firm.
15. Written consent of the Advocates shall be obtained as to the acceptance of the rates, terms, and conditions of Corporation for empanelment, as amended from time to time.
16. Since the Advocates empanelled for High Courts are also eligible to represent the Corporation before Subordinate Courts/Tribunals /etc. in the Headquarters of the Advocate, while issuing empanelment order, all care may be taken not to restrict the empanelment to the High Court panel so that the services of the Advocate could be utilized in the area of his expertise in the Courts where the Advocate ordinarily and regularly practices. The model appointment order is enclosed as Annexure II for guidance.
E.
COMPETENT AUTHORITY
17. In suppression on all earlier instructions/delegation of powers, henceforth, the Competent Authority for approval and issue of Advocate panel for various courts shall be as under:
Supreme
Court of
All High Courts - Senior Regional Manager
Subordinate Court - Senior Regional Manager
F.
STANDING COUNSEL
18. Two Advocates from the panel may be nominated as the Standing Counsel of the Corporation before High court for accepting court notices/summons/per-admission notices etc. by or against the corporation. The names of such nominate Standing Counsel shall be informed to the Registrar of the High court for notifying the same.
19. While nominating Standing Counsel, care should be taken to choose Advocates of repute and standing, preferably having a chamber within/nearby the court premises.
20. Standing Counsels, on receipt of notices/summons etc. shall immediately hand over the same to the Corporation. The expenses payable to the Standing Counsel for delivering the same shall be fixed by the Competent Authority.
21. On receipt of such notices/summons etc. from the Standing Counsel, Corporation may, at its discretion, allot such cases to any of the panel Advocates equitably, considering the expertise and usefulness of the Advocates. Standing Counsel may be authorized to cause appearance before the courts in emergencies and safe guard the interest of the Corporation.
G.
PERFORMANCE REVIEW
22. The Regional office shall undertake a Performace Review of all the empanelled Advocates as on 31st December of every year as per Annexure III format and the report of the same shall be send with in a month to the concerned Zonal office. The consolidated Performance Report of the Advocates shall be forwarded by the Zonal office ED (Law), Head quarters
23. The above guidelines shall be followed by all concerned while undertaking the empanelment of Advocates.
24. In case of any of any doubt regarding the interpretation of any of the clauses of this circular, decision of Ed (Law) Head quarters will be final.
25. This issues with the approval of the Managing Director.
26. The receipt of this circular may please be acknowledged by all concerned.
(T.R. BANDYOPADHYAY)
Manager (Legal)
Distribution:
1. PS to Chairman / MD
2. PA to All Eds
3. All Zonal Mangers
4. All SRMs/RMs/JMPOs/Dist.Managers
5. All Heads of Division Hqrs.
6. All Law Officers Hqrs./Zonal/Regional offices
7. Guard file
ANNEXURE I
BIO
DATA OF ADVOCATE
1) Name
2) Date of birth., Age (as on .)
3) Educational qualifications
4) Date of Enrollment, Name of Bar Council
(enclose copy of enrolment certificate)
5) Senior/Firm the Advocate Was associated with earlier
6) Period of practice
7) Area of practice (civil/criminal etc.)
8) Specialization, if any (maritime/taxation/service etc.) Optional: The details of a few important cases the Advocate has dealt with/handled and reported Judgment if any for our records.
9) Whether Central Govt. counsel/pleader(indicate period)]
10) Brief list of clients who are Govt.
organizations/corporations/PSUs
11) The courts where the Advocate is regularly practicing
(Enclose Bar Association Membership Certificate)
12) Date of enrolment as an
Advocate on record of the supreme court
And Registration No.
13) Income Tax PAN number
I declare that no Disciplinary
Proceedings have ever been initiated against me before any bar Council.
Signature
Address (office & residence/chamber)
Tel.No., Fax, E-mail
ANNEXURE II
FOOD
CORPORATION OF
(Address
of the issuing Region)
No.
Dated:
Sub: Empanelment to the FCI
panel of Advocates Reg.
CIRCULAR
NO. / 2004
1.
Food Corporation of
2.
Food Corporation of
3. Your acceptance to the above terms of empanelment may please be conveyed for our records.
4.
Food Corporation of
5.
Mr. (Name of the Advocate)
Address
Distribution: (to be restricted with in the Region)
1. Advocate concerned.
2. Zonal Manager
3.
4.
5. (as per requirement)
PERFORMANCE
REPORT OF ADVOCATES
Annual performance report for
the period
1) Name of the Advocate
2) Whether Empanelled for
Supreme court/High court/District court
3) Date of empanelment
4) Whether the Advocate advises effectively
As to the steps to be taken by the corporation
Before/during the courts of litigation and
Devotes sufficient time to discuss the case
5) Whether the Advocate is prompt in his
Correspondence with the Corporation
6) Whether his relations with corporation staff cordial
7) No. of cases entrusted to the Advocate during the year
8) No. of cases Won
9) No. cases Lost
10) No. of cases pending
11) Nature of cases handled
12) Field of expertise
13) Whether maintaining good relation with the
Bench and Bar
14) Library facility
15) Any other relevant information
16) The views/comments of the concerned litigation cell.
Reporting
officer