ANSWER
MINISTER OF STATE FOR LAW & JUSTICE AND CORPORATE AFFAIRS
(SHRI P.P.Chaudhary)
(a) The Central Government by various Notifications and Office Memorandums has prescribed rates of fees for different categories of Central Government Counsels depending on the nature of work and the type of Court/Tribunal; i.e. Supreme Court, High Court, Subordinate Court, Administrative Tribunal, Arbitral Tribunal, etc. The fee paid to different categories of Central Government Counsels was revised vide OM No. 26(1)/2014/judl dated 1st October, 2015 (Annexure-A). With regard to payment of fees to lawyers engaged for State Government, it is stated that State Governments make their own arrangement for defending cases out of their own funds.
(b) The following table shows the total amount of legal fee paid to the lawyers representing the Union Government by this Ministry during the last three years and the current year (upto 31.01.2018):
(Figure in Crore)
Head of Account 2014-15 2015-16 2016-17 2017-18 upto 31/01/2018 (tentative)
Legal Advisor and Counsel 28.46 42.78 51.23 54.37
In cases where services of Central Government Counsels are availed by other Departments/Ministries, case-wise fees is paid to them by the concerned Departments/Ministries who engage them as per the fee prescribed by this Ministry. However, details are not available with this Ministry. With regard to legal fee paid to the lawyers engaged by the State Governments court/case-wise, data is not maintained in this Ministry.
(c)&(d) There is no proposal to set up a dedicated legal cell to represent all the cases of the Central Government in the Courts. With regard to State Government no such details are available with this Ministry.
Annexure-A
No. 26(1)/2014/judl.
Government of India
Ministry of Law & Justice
Department of Legal Affairs
Judicial Section
New Delhi the 1st October, 2015 OFFICE MEMORANDUM
Sub: Revision of fee payable to various categories of Central Government
counsel.
In partial modification to this Department''s various OMs issued from time to time, the undersigned is directed to convey approval of the Competent Authority for the revision of the fee structure applicable to Government counsels of all the categories with immediate effect as per the details given below:-
(A)
The Fee structure applicable to Group ''A"B'' and ''C'' panel Counsel in Supreme Court:-
SI.No. Item of work Revised fee Group ''A'' Panel
Counsel Revised fee
Group ''B''& ''C'' Panel Counsel
1. All Regular Appeals and defended Writ Petitions(for final hearing) Rs. 13,500/-per Case per day Rs.9,000/- per case per day
2. All defended Admission matters (SLP/TPand writ petitions & other misc. matters for admission) Rs.9,000-per case per day Rs. 4,500/-per case per day
3. Settling of pleadings Rs.5,250/- per case ----
4. Appearance in Miscellaneous Applications Rs.4,500/-per case ----
5. Conference Rs.900/- per conference ----
6. Out of Head quarter Rs.13,500/- daily fee for the days of his absence from HQ Rs.9,000/- daily fee for the days of his absence from HQ.
7. Conveyance charges for performing local journey while outside Headquarter. Rs.1, 500/- Rs.1,500/-
8. Clerkage NIL NIL
9. Drafting SLP/Counter Affidavit/Rejoinder etc. Rs.3,000/- per case
10. Drawing Written Submission --- Rs.3,000/- per case
11. Drafting or Appearance in MiscellaneousApplications (including mentioning of the case/Caveat/Clearance/obtaining the number --- Rs.3,000/-per case
All other terms and conditions applicable to Group ''A'', ''B'' and ''C'' Panel Counsel in
Supreme Court in the pre-revised OM No. 21(04)/1999-Judl.dated 24.09.1999 read with OM No. 21(05)/ 2011-Judi. dated 01.10.2011 shall continue to remain applicable unless specifically revoked/revised.
(B)
The Fee structure applicable to Senior Panel Counsels in various High Courts/ CAT Benches (excluding the High Courts of Bombay and Calcutta:-
SI. No. Item of work Revised fee
1. Suits, Writ Petitions and Appeals, including oral Applications for Leave to Appeal to Supreme Court in Writ Petitions. Rs.9000/- per case per day of effective hearing in case of non-effective hearing 1500/- per day subject to a maximum of 5 hearing.
2. Application for Leave to Appeal to Supreme Court in Writ Petitions. Rs.3000/- per case
3. Settling pleadings Rs.3000/- per case
4. Miscellaneous Application Rs.3000/- per case
5. Conference Rs.900/- per conference subject to:-(i) for
setting pleadings- one conference.
(ii) In respect of hearing of Writ matters, Suits, appeals and Supreme courts leave applications etc- Three conference (Maximum)
6. Miscellaneous and out of pocket expenses As per actual to the satisfaction of the administrative Ministry/ Department.
All other terms and conditions applicable to Senior Panel Counsels in various High Courts/ CAT Benches (excluding the High Courts of Bombay and Calcutta contained in this Department''s, OM No. 24(2)/99-Judl.,OM No. 26(1)/99-Judl., OM No. 25(3)/99-Judl., and OM No. 26(2)/99-Judl., all dated 24.09.99, read with OM No. 26(1)/2011- Judl., dated 01.10.2011, shall continue to remain applicable unless specifically revoked/revised.
(C)
Revision of the fee structure applicable to the Panel Counsel of High Courts as well as ofCAT Benches of Bombay and Kolkata;-
SI..No. Item of Work Special Counsel Senior CouselGroup.I Senior CouselGroup.II Jr.
Counsel Advocate on record
1. Suits, Appeals, Writ /Revision Petitions including Special Civil Application in the High Court.
Per conference/Consultation Rs.9000
Rs.900 Rs. 6000
Rs.750 Rs.3750
Rs. 600 Rs. 1800
Rs. 450
2. Application including Interim Rs.3000 Rs. 3000 Rs.2250 Rs. 1350
Motions, Notices, Appeals, Leave Application, Arbitration, Company Matters, Criminal
Revision and other Land
Acquisition References (per day per effective hearing)
Per conference/Consultation Rs. 900 Rs.750 Rs. 600 Rs.450
3. Drafting or Settling Pleadings, and Affidavits (per pleadings) Rs. 3000 Rs. 1800 Rs.1500 Rs.1050
Per conference/Consultation Rs. 900 Rs. 750 Rs. 600 Rs.450
4. Appearance before Arbitration and Tribunals, etc and Courts other than High Courts (Per day per effective hearing ) Rs. 7500 Rs.6000 Rs.3750 Rs.2250
Per conference/Consultation Rs. 900 Rs.750 Rs. 600 Rs.450
5. Chamber Application, including Adjournment NIL Rs. 1500 Rs.900 Rs. 600
Application per day inclusive of consultation
6. Written opinions and written advice including advice on evidence (inclusive of consultation) Rs.3750 Rs.2250 Rs.1350 Rs. 1050
All other terms and conditions applicable to the Counsels of High Courts as well as of the CAT Benches of Bombay and Kolkata in the pre-revised OM No. 23(2)/2001-Judl.& OM No. 22(02)/2001dated 14th July, 2001 read with 23(2)2011-Judl. dated1st October, 2011 shall continue to remain applicable unless specifically revoked/revised:-
Note:- There will be no ceiling on the number of conference/ consultation in the case of Special Counsel, however in the case of other categories of Counsels, the number of conferences per cases will be limited to four (relaxable to six at the discretion of the Incharge (Litigation) of Branch Secretariat, Mumbai/Kolkata.
(D)
The Fee structure applicable to Asstt. Solicitors General, Central Government Standing Counsel /Panel Counsel, Delhi High Court /Central Govt. Counsel of various: High Courts (including Panel Counsel of various CAT Benches) excluding the HighCourts of Bombay and Calcutta:-
SI.No. Item of Work Revised Fee
1. Retainer Fee Rs.9,000/- per month
2. Civil or Criminal Writ Petitions under Article 226 & 227 of the Constitution, Contempt Petitions, Criminal/Civil Revision Petitions, Reference to the High Court under Sales Tax Act and Banking Company Petitions,
Rs.2250/- per effective hearing
Rs.450/- per non-effective
hearing (subject to maximum of five hearings in a case)
3. Petitions under Article 132 or 133 of the Constitution in Civil or Criminal Cases.
Rs.2250/- per effective hearing(subject to max. of D4500/- in a case)
4. Original Suits, Civil Appeal from Decrees in Suits and proceedings including second appeal and land acquisition appeal except LPA from Petitions under Article 226 &227 of the Constitution (including drafting fee)
Ad. Valoram/regulation fee (subject to maximum of Rs.45,000/- in a case.)
5. Company Petitions To be regulated by the rule contained in Appendix (iii) of the Company (Court) Rules, 1959
6. Drafting of pleadings counter affidavits/returns/answer to Writ Petitions/Grounds of Appeal and application for leave to appeal to the Supreme Court
Rs.1,350/- per pleading
7. Drafting of Civil Misc. applications to petitions under the Indian Succession Act, Contempt of Court proceedings and other proceedings of an original nature
Rs.1,125/- per petition
8 Civil Misc. petitions, forma paupers, transfer petitions and other civil misc. petitions of routine nature
Rs.450/- per petition
9. Consultation /conference fee Rs.450/- per conference (subject to maximum of 4 conferences in a case)
10. Appearance before the High Court in application under Section 34 & 37 of the Arbitration and Conciliation Act, 1996
Appearance before Arbitrator/Umpires etc.
Rs.2,250/- per effective hearing
Rs.450/- per non-effective hearing (subject to a maximum of 5 hearing in a case).
Rs.450/- per non-effective hearing (subject to a maximum of 5 hearings in a case).
All other terms and conditions applicable to above mentioned Counsels in to this Department''s, in OM No. 24(2)/99-Judi., OM No. 26(1)/99-Judl., OM No. 25(3)/99-Judl. andOM No. 26(2)/99-Judl, all dated 24.09.99 read with OM No. 26(1)/2005-Judl. dated31.01.2008 and OM No. 26 (01)Judi. dated 01.09.2011 shall continue to remain applicable unless specifically revoked/revised.
(E)
The Fee structure Standing Govt. Counsel and Additional Standing Govt. Counsel in the District and Subordinate Courts:-
S1.No. Item of work Revised fee
1. Retainer fee for Standing Govt.
Counsel Rs.6000 per month
2. Fee for effective hearing Rs.1800 per day
3. Fee for non-effective hearing Rs.600 per day (not more than 5 such hearings in a case)
4. Fee for drafting Written
Statement, Grounds of Appeal etc. Rs.1500 per pleading
5. Fee for drafting other pleadings of misc. nature Rs.600 per pleading
6. Fee per Conference Rs. 900 (subject to maximum of 5 such conferences in a case / group of identical cases)
7. Daily fee for out of Headquarters Rs.2700 per day
8. Conveyance charges for local
journey outside Headquarters Rs.900 (lump sum)
9. Expenses for stay in hotels Rs.1800 per day
10. Clerkage @ 10% of total fee excluding
miscellaneous and out of pocket
expenses (maximum Rs.5250 in a case)
11. Fee for identical Cases Full fee in the 1st case and Rs.750 in per
suit for connected cases (max. 3 cases)
12. Miscellaneous and out of pocket expenses As per actual to the satisfaction of the administrative Department.
All other terms and conditions applicable to above mentioned Counsels in to this Department''s, OM No. 27(11)/1999-Judi dated 24.09.1999 read with OM No. 27 (25)/2011- Judi. dated 01.09.2011, shall continue to remain applicable unless specifically revoked/revised.
(F)
The Fee structure applicable to Senior/Junior Arbitration Panel Counsel:-
SI. No. Details of work Proposed Revised fee
1. Fee for effective hearing
Senior Counsel
Junior Counsel Rs. 2,250/- per appearance
Rs. 1,500/- per appearance
2. Fee for non-effective hearing
Senior Counsel
Junior Counsel Rs. 450/- per appearance
Rs. 300/- per appearance
(maximum four such hearings)
3 For drafting pleadings
Senior Counsel
Junior Counsel Rs. 1,500/- per pleading
Rs. 750/- per pleading
4. Conference fee
Senior Counsel
Junior Counsel Rs. 450/- per conference
Rs. 300/- per conference (maximum three such conferences in a case)
5
Daily fee out of Headquarters
Senior Counsel
Junior Counsel Rs. 3,000/- per day
Rs. 2,250/- per day
All other terms and conditions applicable to above mentioned Counsels in to this Department''s, OM No. 27(11)/1999-Judi dated 24.09.1999 read with OM No. 27 (25)/2011- Judi. dated 01.09.2011, shall continue to remain applicable unless specifically revoked/revised.
2. The above revised fee will be effective from 01.10. 2015.
3. The counsel will be paid fee at the old rates in respect of their appearance in the Court etc. and other work done by them prior to 01.10.2015 and at the revised rates in respect of the work done by them on/ after 01.10. 2015.
4. This issues with the approval of the Ministry of Finance, Department of Expenditure E.11(8) Branch, ID Note No.9 (11)/99-E.II(B) dated 02.03.2015 and 07.08.2015.
(Suresh Chandra)
Joint Secretary and Legal Adviser
Tele No. 23387806
Copy to:
1. All Ministries/Departments to the Government of India.
2. Incharge, Central Agency Section, Litigation (HC) Section, Litigation Lower Courts Section. All Groups-A, B & C panel counsel of Supreme Court through Incharge, Central Agency Section.
3. All Senior Panel Counsel of High Courts/ CATs through concerned Assistant Solicitors General in High Courts/ Sr. CGSC of CATs Benches.
4. All Assistant Solicitors General in various High Courts/ Sr. CGSC of CATS Benches.
5. All Central Government Standing Counsel/Central Government Pleaders of Delhi High Court.
6. All Asstt. Solicitors General/Central Legal Adviser of various High Courts.
7. All Senior Central Government Standing Counsel/Addl. Central Government Standing Counsel of various CAT Benches.
8. All Standing Govt. Counsel and Additional Standing Govt. Counsel before various
District and Subordinate Courts as per the list.
9. All Senior/Junior Counsel of the Arbitration Panel.
10. All Special Counsel, Senior Counsel Group-I, Senior Counsel Group-II and Junior Counsel of High Courts as well as CATs Benches of Bombay and Kolkata through the concerned Incharge of Branch Secretariat of Bombay and Kolkata.
11. Incharge, Branch Secretariats Mumbai/ Kolkata/ Chennai/ Bangalore.
12. All Sections of Department of Legal Affairs.
13. Legal Advisor, Railway Board, New Delhi (with 5 spare copies).
14. Department of Personnel and Training (AT Section), New Delhi (with 5 s/copies.)
15. Joint Secretary (Legal), Department of Revenue, Ministry of Finance, New Delhi (with 5 s / copies)
16. CBDT, Department of Revenue, Ministry of Finance, New Delhi (with 5 s copies).
17. Branch Secretariats Mumbai/Calcutta/Chennai/Bangalore.
18. Ministry of Urban Development, Nirman Bhawan, New Delhi.
19. Department of Expenditure, Ministry of Finance, New Delhi w.r.t. their ID Note No.9 (11)/99-E.II(B) dated 02.03.2015 and 07.08.2015..
20. DGS&D, New Delhi.
21. NIC Cell with the request to upload the same in the website of this Department.
22. Judicial Section with 50 spare copies.
23. O.L. Section for Hindi translation.
(Madhulika Upadhyay)
Junior Central Govt. Advocate
Tel. 23383006
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