Legal Affairs Payment of Fee To Panel Counsel For Union of India

Organisation : Department of Legal Affairs
Facility Name : Payment of Fee To Panel Counsel For Union of India
Applicable States/UTs : All India
Website : https://legalaffairs.gov.in/faq

What is the Panel Counsel for Union of India (UoI)?

The Department of Legal Affairs has been mandated to conduct of litigation on behalf of the Union of India before various courts / tribunals in India. For this purpose, the Department of Legal Affairs empanels Advocates for various courts / tribunals in the country generally for a period of three years or until further orders, whichever is earlier. There are several categories (court-wise) in which this Department empanels Advocates and such empaneled Advocates are collectively called as ‘Panel Counsel’ for the Union of India.

Related / Similar Facility : Legal Affairs Panel Counsel For Union of India

Kinds of Fee are Admissible To Panel Counsel

Panel Counsel are entitled to various kinds of fee in lieu of their services availed of. A list of regular kinds of fee is tabulated as below:

1. Monthly Retainership fee It is directly paid by DoLA only to entitled category of panel counsel:
(i) Deputy Solicitor General;
(ii) CGSC (Delhi High Court);
(iii) Sr. CGSC (Tribunals);
(iv) Standing Govt. Counsel (in District Courts).

2. Appearance fee:
(in lieu of effective hearing) There is no limit on number of effective hearings in a case or a group of identical cases.

3. Appearance fee (in lieu of non-effective hearing):
There is limit on number of non- effective hearings in a case or a group of identical cases.

4. Settling of pleadings :
Limited to an entire case or a group of identical cases.

5. Conference Fee: (with officers of administrative Ministry / Department)
There is limit on number of conferences in a case or a group of identical cases.

8. Miscellaneous and out of pocket expenses:
As per actuals and subject to satisfaction of the administrative Ministry / Department. There is no limit on this expenditure.

9. Daily fee (per day) :
In case of services availed out of headquarter in connection with and as per requirement of litigation

How To Make Payment of Fee To Panel Counsel in Identical Cases?

Two or more identical cases (but not more than 10 cases) are to be bunched and any one of these cases will be treated as main case and the others as connected cases.

Payment of fee in such bunched cases is regulated as follows:
(i) when the Counsel files separate and materially different affidavits, applications, grounds of appeal, etc. in more than one case but the argument is heard in the main case and the other cases are decided accordingly, the Counsel shall be paid the full fee in the main case and Rs. 150/- in each of the connected cases.

(ii) when the main case has been contested as in (a) above, but in the connected cases either affidavits or grounds of an appeal or petition similar to the one in the main case or nothing at all has been drafted by the Counsel, he shall be paid the full fee in the main case and Rs.75/- only in each of the connected cases.

(iii) when substantially different affidavits are drafted in each connected case but all the cases are disposed of without contest, the Counsel shall get 1/3rd fees in the main case and Rs.150/- in each of the connected cases.

(iv) when the Counsel has drafted the affidavit, petition or ground of appeal in the main case but has not drafted them in the connected cases or the drafts in the connected cases are substantially similar to the one in the main case and the cases are disposed of without contest, the Counsel shall get 1/3rd fees in the main case and Rs. 75/- in each of the connected cases