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Sunday, 30 September 2018

CGDA: Payment of Legal to Central Government Counsels - clarification reg.

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CGDA: Payment of Legal to Central Government Counsels - clarification reg.

कार्यालय रक्षमहानियंत्रक /Office of Controller General of Defence Accounts
उलान बटार रोड, पालम, दिल्ली छावनी /Ulan Batar Road, Palam, Delhi Cantt – 110 010
Through : Speed Post/Website

No. : LC/Advocate Fee Bill/Vol.II                                                                          Dated: 27.09.2018

 To
All PCsDA/PCA(Fys) /CsDA/CFAs 
Subiect :- Payment of Legal Fee to Central Govt. Counsels - clarification reg. 

With reference to the existing provisions relating to payment of Legal Fee to Central Govt. Counsels, certain doubts raised by the office of PCDA have been taken-up with the Ministry of Law & Justice, Department of Legal Affairs (Judicial Section) for clarification/guidelines. Based on the clarifications received, the summary of the points of doubt and clarification are as given below:-
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No. Existing provisions and point of doubt Clarification
i The revised fee structure applicable to Govt. Counsels of  Supreme Court/High Court/CAT/Distt. Courts has been notified by Min. of Law & Justice, Dept. of Legal Affairs vide their OM bearing No. 26(1)/2014/JudI. dated 01.10.2015. As per the said OM dated 01.10.2015, payment of legal fee for non-effective hearings in a case has been restricted to five (05) and payment of legal fee for Conferences in a case has been restricted to four (04).

Point of Doubt

In case, the Govt. Counsel has been changed during the pendency of a case who has already been paid for maximum number of non-effective hearings & conference, whether the newly appointed Govt. Counsel can be paid fee for another five (05) non-effective hearings & (04) conference or not.
The OM No.
26(1)/2014-JudI. Dated 01.10.2015 itself restricts the payment to a maximum of five non- effective hearings. Hence, a new  counsel appointed during the pendency of a case will not be eligible for payment for non-effective hearings in case the limit of five as stated in above in above- mentioned OM is exhausted.
ii In case, a proxy Counsel has appeared on behalf of nominated Govt. Counsel, Whether legal fee {effective or non effective} can be paid to the CGSC for hearings appeared by proxy counsel When proxy/private counsel has appeared on behalf of the Govt. Counsel in a matter, such nominated counsel is not entitled to payment of fee bill.

The relevant OM dated 01/10/2015 is available on the website of the Ministry of Law & Justice,
Department of Legal Affairs.

2. All the legal fee bills of Govt. Counsels may be regulated accordingly.

(Mustaq Ahmad)
Dy. CGDA (AN) 


Source: CGDA
[http://cgda.nic.in/adm/circular/LC-Payment-280918.pdf]

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