Sat. Mar 23rd, 2019

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GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
LOK SABHA
UNSTARREDQUESTION NO:615
ANSWERED ON: 06.02.2019
Legal Service Authority
KIRRON KHER
Will the Minister of



LAW AND JUSTICEbe pleased to state:-


(a) the criteria and procedure for appointment of panel lawyers by legal services authorities at the district and sub-divisional levels; 
(b) whether there is a standard remuneration given to legal aid lawyers per case for magistrate courts, if so, the State-wise information on the same; and
(c) whether there is a standard remuneration given to legal aid lawyers per case for sessions courts and special courts, if so, the State-wise information on the same? 


ANSWERANSWER
MINISTER OF STATE FOR LAW & JUSTICE
AND CORPORATE AFFAIRS
(SHRI P.P.CHAUDHARY)

(a) “National Legal Services Authority (NALSA) Free and Competent Legal Services Regulations, 2010” provide for criteria and procedure for empanelment of lawyers. The selection is made by a Committee constituted by the Executive Chairman of State Legal Services Authority (SLSA) or Chairman of the concerned District Legal Services Authority in consultation with the Advocate General (for the High Court), District Attorney or Government Pleader (for District and Taluka level), and, Monitoring and Monitoring Committee set up under regulation 10 of the aforesaid Regulations. The Regulation provides for a minimum of three years experience for a legal practitioner to be empanelled.
(b & c) The fee payable to legal aid lawyers is fixed by respective State Legal Services Authorities (SLSAs) under Regulations framed by them. The fee would vary from State to State depending upon the usual fee charged by the lawyers in that State and also, the fee payable to Government Advocates, Special Prosecutor, Amicus Curie, etc. However, a Committee appointed by NALSA has recommended minimum fees for panel lawyers which was adopted by Central Authority of NALSA in its meeting dated 9th April, 2016. The schedule of minimum fee approved by the Central Authority is as under;
Subordinate Courts at all levels including Tribunals
i. Drafting of substantive pleading such as Suit, Matrimonial Proceedings such as Divorce, Maintenance, Custody, Restitution etc., Succession, Probate, Memo of Appeal, Revision, Written Statement, Reply, Rejoinder, Replication etc. – Rs.1,200/-.
ii. Drafting of Miscellaneous applications such as stay, bail, direction, exemption etc. – Rs.400/- per application subject to maximum of Rs.800/- for all applications.
iii. Appearance – Rs.750/- per effective hearing and Rs.500/- for non-effective hearing subject to a maximum of Rs.7,500/- (per case).
High Court
i. Drafting of substantive pleading such as Writ Petition, Counter Affidavit, Memo of Appeal, Revision, Reply, Rejoinder, Replication- Rs.1,500/-.
ii. Drafting of Miscellaneous applications such as stay, bail, direction, exemption etc. – Rs.500/- per application subject to maximum of Rs.1,000/- for all applications.
iii. Appearance – Rs.1,000/- per effective hearing and Rs.750/- for non-effective hearing subject to maximum of Rs.10,000/- (per case).
A statement giving SLSA-wise information as to whether the fee of Panel Lawyers is equal to/more than/less than the fee approved by the Central Authority in 2016 is at Annexure-A..

Annexure-A

Statement as referred to in reply to Lok Sabha Unstarred Question No. 615 for answering on 06.02.2019 asked by Shrimati Kirron Kher, Member Parliament.

S.No. SLSAs Whether the fee of Panel Lawyers is equal to/more than/less than the fee prescribed by NALSA in 2016 (as on 31.12.2017).

1 Andhra Pradesh Equal
2 Arunachal Pradesh Equal
3 Assam Equal
4 Bihar Equal
5 Chhattisgarh Equal
6 Goa Less
7 Gujarat More
8 Haryana Equal
9 Himachal Pradesh Equal
10 Jammu and Kashmir Equal
11 Jharkhand Equal
12 Karnataka Equal
13 Kerala More
14 Madhya Pradesh Equal
15 Maharashtra Equal
16 Manipur Equal
17 Meghalaya Less
18 Mizoram Equal
19 Nagaland Equal
20 Orissa Equal
21 Punjab More
22 Rajasthan More
23 Sikkim Equal
24 Tamil Nadu Equal
25 Telangana Equal
26 Tripura Equal
27 Uttar Pradesh Equal
28 Uttarakhand More
29 West Bengal Equal
30 A&N Islands Equal
31 Chandigarh Equal
32 D & N Haveli Less
33 Daman & Diu Equal
34 Delhi More
35 Lakshadweep Less
36 Puducherry Equal

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