Thursday, November 5, 2015

Revision of fee payable to various categories of Central Government counsel w.e.f. 01-10-2015: Deptt of Legal Affairs OM


No. 26(1)/2014/judl.
Government of lndia
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 Competent Authoritv 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:-

Sl. No. Item of work Revised fee Group 'A' Panel Counsel Revised fee Group'B'& ‘E‘ Panel Counsel
1 All Regular Appeals and defended Writ Petitions (for final hearing) Rs. 13500/- per case per day Rs. 9000/- per case per day
2 All defended Admission matters (SLP/TP and writ petitions & other rnisc. matters for admission) Rs. 9000/- per case per day Rs. 4500/-per case per day
3 Settling of pleadings Rs. 5250/- per case .............
4 Appearance in Miscellaneous Applications Rs. 4500/- per case .............
5 Conference Rs. 900/-per conference ............
6 Out of Head quarter Rs. 13500/- daily fee for the days of his absence from HQ Rs. 9000/- daily fee for the days of his absence from HQ
7 Conveyance charges for performing local journey while outside Headquarter Rs. 1500/- Rs. 1500/-
8 Clerkage Nil Nil
9 Drafting SLP/Counter Affidavit/ Rejoinder etc. ......... Rs. 1500/- per case
10 Drawing Written Submission ......... Rs. 3000/- per case
11 Drafting of Appearance in Miscellaneous

Applications (including mentioning of the case/Caveat/Clearance/obtaining the number and taking date for hearing
......... Rs. 3000/- per case
All other terms and conditions applicable to Group ‘A', 'B', and 'C' Panel Counsel in Supreme Court in the ore-revised OM Ho. 21(04)/1999-Judl. dated 24.99.1999 read with OM No. 21(05)/1999-Judi. dated 01.10.2011 shall continue to remain applicable unless specifically revoked/revised.
(B)

The Fee structure applicable to Assistant Solicitors General of various High Courts, Central Government Standing Counsel of Delhi High Court (CGSC), Senior Central Government Standing Counsel (Sr. CGSC) of the various Benches of CAT and Senior Panel Counsels in various High Court / CAT Benches (excluding the High courts of Bombay and Calcutta) as per the following rates:-
Sl. No. Item of work Revised fee
1 Retainer Fee of:-

Assistant Solicitor General of various High Courts. Central Government Standing Counsel of Delhi High Court (CGSC) and Senior Central Government Standing Counsel (Sr. CGSC) of various Benches of CAT.
Rs. 9000/- per month.
2 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 Rs. 1500/- per day subject to maximum of 5 hearing
3 Application for Leave to Appeal to Supreme Court in Writ Petitions- Rs. 3000/- per case
4 Settling pleadings Rs. 3000/- per case
5 Miscellaneous Application Rs. 3000/- per case
6 Conference 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]
7 Miscellaneous and out of pocket expenses As per actual to the satisfaction of the administrative Ministry/ Department.

All ether terms and condition applicable to Senior Panel Counsels in various High Courts / CAT Benches {excluding the High Courts of Bombay and Calcutta in to this Department‘s, OM No. 24(2)] 99-judl.,OM No. 26(3)99-Judl.. OM No. 25(3)/99-Judl., and OM No. 26(2)/9 Judl., all dated 24.09.99, read with OM No-26(1)/2005-Judl. dated 31.01.2008 and 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 of CAT Benches of Bombay and Kolkata:-

Sl. No. Item of work Special Counsel Senior Counsel Group. I Senior Counsel Group. II Jr. Counsel Advocate on record
1. Suits, Appeals, Writ/Revision Petitions including Special Civil Application in the High Court. Rs.9000 Rs.6000 Rs.3700 Rs.1800

Per conference/Consultation Rs.900 Rs.750 Rs.600 Rs.450
2. Application including interim Motions. Notices. Appeals. Leave Application, Arbitration, Company Matters, Criminal Revision and other Land Acquisition References {per day per effective hearing] Rs.3000 Rs.3000 Rs.2250 Rs.1350

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 Application per day inclusive of consultation NIL Rs.1500 Rs.900 Rs.600
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-Judi. & OM No. 22(02)/2001 dated 14th July, 2001 read with 23(2)2011-Judl. dated 1st October shall continue to remain applicable unless specifically/revoked/revised:-

Note:- There will he ne ceiling can the number of conference / consultation in the case of Special Counsel, however in the case case other categories of Counsels. the number of conferences per cases will be limited to four (referable to six at the discretion of the Incharge (Litigation) of Branch Secretariat, Mumbai / Kolkata.

[D]
The Fee structure applicable for Panel Counsel, Delhi High Court and Central Govt. Counsel /Pleader of various High Courts (including Panel Counsel of various CAT, Benches) excluding the High Courts of  Bombay and Calcutta, as Per the following rates:-
Sl. No. Item of work Revised fee
1 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)
2 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. 45000/-in a case.)
3 Company Petitions To be regulated by the rule contained in Appendix (iii) of the Company (Court) Rules, 1959
4 Drafting of civil Misc. applications to petitions under the Indian Succession  Act, Contempt of Court proceedings and other proceedings of an original nature Rs. 1350/- per petition
5 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
6. Civil Misc. petitions. forma paupers, transfer petitions and other civil misc. petitions of routine nature Rs.450/- per petition
7. Consultation / conference fee Rs.450/- per conference (subject to consultation maximum of 4 conferences in a case)
8
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 condition applicable to above mentioned Counsels in to this Department’s, in OM Ho. 24(2)/99-.Judl., OM No. 26(1)/99-Judl., OM No. 25(3}/99-Judl. and OM No. 26(2)/99-Judl. dated 24.09.99 read with OM Ho. 26(1)/2005-Judl. dated 31.01.2008 and 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:-
 
Sl. 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 dav
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 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 of 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 tothis Department's, OM No. 27/l11)/1999-Judl dated 24.09.1999 read with OM No. 27(25)/2011-Judl. dated 01.09.2011. shall continue to remain applicable unless specifically revoked/revised

(F)

The Fee structure applicable to Senior/Junior Arbitration Panel Counsel:-

Sl. No. Details of work Proposed Revised fee
1. Fee for effective hearing
Senior Counsel Rs. 2,250/- per appearance
Junior Counsel Rs. 1,500/- per appearance
2. Fee for non-effective hearing
Senior Counsel Rs. 450/- per appearance
Junior Counsel Rs. 300/- per appearance
[maximum four such hearings}
3. For drafting pleadings
Senior Counsel 1,500/- per pleading
Junior Counsel 750/- per pleading
4. Conference fee
Senior Counsel Rs. 450/- per Conference
Junior Counsel Rs. 300/- per Conference
[maximum four such Conference in a case}
5. Daily fee out of Headquarters
Senior Counsel Rs. 3.000/- per day
Junior Counsel Rs. 2.250/- per day
.
All other terms and conditions applicable to OM Ho. 30(3)/99-Judl. dated 24.09.99 read with OM No. 25(11)/2005/Judl. dated 31.01.2008, shall continue to remain applicable unless specifically revoked/revised.
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.II(B) Branch. ID NoteNo.9(11)/99-E.II(B) dated 02.03.2015 and 07.00.2015.



(Suresh Chandra)
Joint Secretary and Legal Adviser
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