GOVERNMENT OF NATIONAL CAPITAL
TERRITORY OF DELHI
DEPARTMENT OF LAW, JUSTICE AND LEGISLATIVE AFFAIRS
8th LEVEL, C WING, DELHI SECRETARIAT, NEW
Subject: Revision of Fee
payable to Public Counsels/ Additional Public Counsels in the District Courts.
Please find enclosed herewith a copy of the scheme regarding the
terms and conditions for the engagement of Public Counsels/ Additional Public
Counsels in the District and Subordinate Courts, Commissions of Inquiry, Motor
Accident Claim Tribunals, Industrial Tribunals, Labour Tribunals, Consumer
Redressal Forums etc and the revised fee payable to them, which will be
effective from the date of issue of this OM. It is clarified that the Counsels
will be engaged only by this Department but the payment of the fee to the
Counsels will be made by the administrative Department concerned. It is
further clarified that the Counsel will be paid fee at the old fee rates in
respect of the cases already assigned to them, i.e. prior to the date of issue
of this OM.
2. All the
Departments are further requested to ensure that the bills in respect of other
expenditure incurred by the Counsel are sanctioned and money paid to them
immediately and in any case not later than a month from the date of receipt of
the event of any doubt or difference regarding fees, the fees determined by the
Principal Secretary (Law, Justice & Legislative Affairs), Government of NCT of
Delhi, shall be final.
4. This issues with the concurrence of the Finance Department
vide U.O. No. 01/Exp-2 dated 23.6.2008.
Pr. Secretary (Law, Justice & L.A.)
Government of N.C.T. of Delhi
Copy forwarded for information and
necessary action to: -
The Pr. Secretary to the Lt. Governor, Govt. of NCT of Delhi, Raj Niwas,
The Pr. Secretary to the Chief Minister, Govt. of NCT of Delhi.
The OSD to the Chief Secretary, Govt. of NCT of Delhi.
The Registrar General, High Court of Delhi, New Delhi.
All Head of the Departments, Govt. of NCT of Delhi, New Delhi.
All Standing Counsels (Civil/Criminal), Delhi.
All Government Counsels in Delhi High Court/Central Administrative
Tribunal through Standing Counsels.
Pr. Secretary (Law, Justice & L.A.)
Government of N.C.T. of
Fee Payable to Public Counsel/Additional Public Counsel in the district and Subordinate Court
REVISED FEE STRUCTURE PAYABLE TO PUBLIC COUNSELS/ ADDITIONAL
PUBLIC COUNSELS IN THE DISTRICT COURTS.
Fee payable in
FOR HEARING ITEMS OF WORKS
Motor Vehicles Act Claim Cases.
Heirs rend cases
Cases under the public premises (Eviction
of unauthorized occupants Act)
Labour Courts Industrial Tribunals
Cases under the Consumer Protection Act.
Cases under the Arbitration Act, etc.
Railway Claims Tribunal etc.
1200/- per day for appearance for effective hearing
per day for non-effective hearing with not more than five such hearings
in a case.
Where two or more suits together involve substantially identical questions
of law or Fact, the fee for the first suit shall be paid in accordance
with the foregoing Clauses for the remaining suits, the counsel may, for
all the suits, claim at the rate of Rs.300/- per suit subject to a maximum
of three cases on the whole irrespective of the fact whether all the suits
are heard together or not.
For drafting written statements and grounds
of appeal, etc. the Counsel shall be paid a fee of Rs.1000/- per
For drafting other pleading of miscellaneous
nature the Counsel shall be paid Rs.400/- per pleading.
Provided that if substantially identical complaints, pleadings, written
statements, affidavits and grounds of appeal are drafted in connected
cases, only one drafting fee will be payable in the main case and no
separate drafting fee will be paid in connected cases.
conferences, the counsel shall be paid a conference fee of Rs.600/-
per conference subject to a maximum of three such conferences for hearing
in an individual case, Group of Cases.
OUT OF HEADQUARTERS
If the Counsel is required to go out of
headquarters in connection with Delhi Government e.g. for conference with
a Senior counsel, appearance in a Court, Commission of inquiry before the
Arbitrators/Umpires, etc., outside the headquarters, he will be entitled
to a daily fee of Rs.1800/- for the days of his absence from the
headquarters including the days of departure if he leaves the
headquarters after court hours or for the day of arrival if he
arrives at the headquarters before the Court hours. The daily fee will be
in addition to the usual fee as prescribed herein.
In addition to the daily fee, Counsel will also be entitled to travel
expenses for travel by air (economy class) or first class by train, road
mileage for the journey from his headquarters to the airport/railway
station and vice-versa and from the airport/railway station to the place
of his stay out of headquarters and vice-versa at the rate admissible to
Grade-A/Class I Officers of the Central Government. He will also be paid a
lump sum amount of Rs.300/- as conveyance charges for performing
local journeys while outside the headquarters. He will also be entitled to
reasonable actual expenses for stay in hotel, subject to a maximum of
Rs.1200/- per day.
addition to fees mentioned above, the Counsel will been entitled to 10% of
fee subject to a maximum of Rs.2400/- in case or a batch of cases
by way of clerkage.
OF POCKET EXPENSES
The actual amount required for court fees at
the time of filing a case in the District and Subordinate Courts at Delhi
and other miscellaneous expenses, a total amount not exceeding Rs.600/-
should be obtained by the Counsel in advance from the Administrative
Department, Govt. of NCT of Delhi. An account of the expenses incurred
should be rendered to that Department while presenting the final fee bill.
In the case of the District and Subordinate Courts in other
places, such amount should be obtained from the Administrative Department
concerned, Govt. of NCT of Delhi and an account of the expenses incurred
should be rendered to that Department while presenting the final bill.
If the Counsel happens to be a partner of a firm of Lawyers
or Solicitors, it will be incumbent on the firm not to take up any case
against the Govt. of NCT of Delhi in the District and Subordinate Courts
or any case arising in other Courts out of these cases e.g. appeals and
revisions in such courts or the High Courts or the Supreme Court of India.