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