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Payment of Legal Fee to Central Govt. Counsels – clarification

Payment of Legal Fee to Central Govt. Counsels - clarification Office of Controller General of Defence Accounts Ulan Batar Road, Palam, Delhi Ca

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Payment of Legal Fee to Central Govt. Counsels – clarification
Office of Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt – 110 010.
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:-

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/Judl. 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-Judl.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

Sd/-
(Mustaq Ahmad)
Dy. CGDA (AN)
[http://cgda.nic.in/adm/circular/LC-Payment-280918.pdf]

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