Revision of fee payable to various categories of Central Government counsel.

November 8, 2015, 6:59 PM

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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