STANDING ORDER NO. 1738

KHADI AND VILLAGE INDUSTRIES COMMISSION Ministry of MSME, Govt. of India

3, Irla Road, Vileparle (West), Mumbai-400056.

No:LA/Emp.Adv./2015-16 Date: 10t hJune,2015

STANDING ORDER NO. 1738

The existing system of engagement of Advocates by the field as well as

Central Office for defending the court cases and rendering legal opinion has

been reviewed by the Commission in its meeting held on 25th November,2009

and it has been decided to streamline the system with a view to ensure

effective handling of court cases and other legal issues easily by introducing a

viable system by making suitable modifications in the existing system.

Accordingly, in supersession of the Standing Order No. 1695 dated

13th January,2010 issued by the Directorate of Legal Affairs on the subject, a

revised scheme namely “Panels of Advocates and Advocate Fees Scheme

2015” is introduced with effect from 1st June,2015. The Scheme is enclosed to

this Standing Order as Appendix - A for strict compliance by all concerned.

Chief Executive Officer

1. All the State/Divisional Directors

2. All Zonal Dy. CEOs of KVIC.

3. All Directors in the Central Office, KVIC, Mumbai-56.

4. Director (Publicity) with a request to publish this Standing Order in the

ensuing issue of “Jagriti”.

5. Hindi Officer, Hindi Cell, KVIC, Mumbai-56 with a request to issue

Hindi version of this Standing Order.

6. Director (I.T.), KVIC, Mumbai-56 with a request to include the Circular

in the Website

APPENDIX-A

KHADI AND VILLAGE INDUSTRIES COMMISSION

3, Irla Road, Vile Parle (W), Mumbai -400 056

KHADI AND VILLAGE INDUSTRIES COMMISSION’S PANELS

OF ADVOCATES AND ADVOCATES FEES SCHEME, 2015 -

I. SHORT TITLE, EXTENT AND COMMENCEMENT -

(i) This scheme may be called the Khadi and Village Industries

Commission (Panels of Advocates and Advocates Fees) Scheme,

2015;

(ii) This scheme shall apply to all the field offices of the Khadi &

Village Industries Commission (KVIC) as well as the Central

Office;

(iii) All the provisions of this scheme shall come in to force w.e.f. 01.07

.2015.

II. CONSTITUTION OF PANEL -

(i) There shall be constituted three panels of Advocate in each State

Office and Divisional Office of KVIC as well as Central Office

separately for rendering opinion on legal issues and contesting the

court cases before various courts in the State on (a) civil matters,

(b) criminal matters and (c) labour/services matters.

(ii) Each panel for rendering legal opinion and contesting the cases

mentioned in (i) above shall consist of not more than two

Advocates. However, considering the exigencies of work, the

number of advocates on any Panel may be extended with the

approval of the Chief Executive Officer of KVIC.

(iii) No Advocate will be enrolled on more than one Panel.

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(iv) In the case of small States like Goa, Pondichery, N.E. States etc. the

Chief Executive Officer may after assessing the quantum of cases

reduce the number of Advocates on each panel.

III. ELIGIBILITY -

For being eligible to be enrolled on a panel, an advocate shall have at

least ten years standing practice at the bar. The mere fact of having ten

years of experience does not confer any right on an advocate to get

enrollment in the panel. KVIC reserves the right to accept or reject any

application considering the merit of the case and/or without assigning

any reason.

IV. MODE OF ENROLLMENT -

(i) An advertisement inviting applications from the advocates

possessing the requisite experience shall be published in one or

two Newspapers having wide circulation in the States by the

State/Divisional Offices for selecting suitable advocates from

amongst the applicants on merit. The format of application is

annexed hereto as Form-I.

(ii) The State/Divisional Directors have to constitute a Screening

Committee under the chairmanship of Zonal Dy.CEO consisting of

following members for scrutinizing the applications and

recommending the names of advocate to be included in the

respective panels –

a) A retired judge of District Court or High Court.

b) An officer not below the rank of Under Secretary of the

Ministry of Law of the State Government posted at that station.

c) Officer In-charge of the Legal Department of the State KVI

Board.

d) State/Divisional Director, Convener

(The travelling expenses of (a) above shall be borne by the concerned State/Divisional

Offices.)

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(iii) Enrollment of advocates on each panel for the State Offices and

Divisional Offices of KVIC shall be approved by the F.A., CEO and

Commissioner/Chairman in the Central Office on the basis of the

recommendations of the Screening Committee constituted for the

purpose by the State/Divisional Offices.

V. TENURE OF THE PANEL -

(i) Enrollment of an Advocate on each Panel shall be for a term of five

years, extendable by another one year at the discretion of KVIC.

(ii) In case, if the State/Divisional Director/Director (Legal Affairs) of

KVIC is of the view that any Advocate on panel has committed

breach of any of the conditions laid down in Clause VI of this

scheme or that due to habitual lapses on the part of the Advocate

to appear before any Court or Tribunal, any ex-parte decisions

were given against KVIC or if the State/Divisional

Director/Director (Legal Affairs) is of the opinion that the

performance of the Advocate on any Panel is not satisfactory, the

name of such Advocate may be excluded from the Panel by giving

one month notice. The decision of KVIC in this matter shall be

final and binding on the Advocate.

VI. TERMS AND CONDITIONS OF ENROLLMENT -

An Advocate who accepts enrollment on any panel shall be deemed

to have undertaken to abide by the following conditions Viz.

(i) During his term, he shall not appear in any court or tribunal

against KVIC.

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(ii) Every Advocate enrolled on panel shall be paid fee for rendering

legal opinion and the cases handled by him as per the scale of fee

mentioned in Schedule at Annexure–I, II & III as the case may be.

The Advocates on panel are not entitled for any retainer fee.

(iii) Except on such grounds as the State/Divisional Director/Director

(Legal Affairs) find to be reasonable, he shall not refuse to give any

legal opinion or accept any brief on behalf of KVIC when

requested to do so.

(iv) He shall submit to the State/Divisional Director/Director (Legal

Affairs) quarterly return in Form-II annexed hereto relating to the

cases entrusted to him.

(v) He shall furnish such information as may be required from time to

time by the State/ Divisional Director/Director (Legal Affairs) in

respect of the cases entrusted to him.

(vi) Any Advocate on panel can withdraw himself from the panel by

giving one month’s notice in writing to the Chief Executive Officer

of KVIC as well as the concerned State/Divisional

Director/Director (Legal Affairs).

VII. ASSIGNMENT OF CASES -

(i) Upon constitution of the panel of Advocates, the State/Divisional

Director/Director (LA) shall, considering the nature of the cases,

obtain legal opinion from the respective panel Advocates as and

when required and make payment for such legal opinion as per

the fee prescribed in the Schedule annexed hereto as

Annexure-IV.

(ii) In the matter of contesting court cases on behalf of KVIC, the

State/Divisional Director/Director (LA) shall, after considering the

nature of the cases, assign such cases to the Advocates on Panel

and also make payment as per the fee prescribed in the schedule.

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(iii) In case, if the State/ Divisional Director/Director (LA) is of

the view that the court case is to be entrusted to any other

Advocate outside the panel (for which the reasons to be

recorded in writing and approval of the Chief Executive

Officer is to be obtained), they are free to do so, but the

payment of fee should be restricted to the amount prescribed

in the Schedule.

VIII. METHOD OF PAYMENTS TO ADVOCATES -

(i) The Advocate on the panel shall prefer his fee by submitted the bill

in duplicate alongwith advance stamped receipt to the respective

State/Divisional Office and in the case of Central Office to the

Director, Legal Affairs, as per the manner specified in the Schedule

of Fees.

(ii) The payment of fee shall be regulated as under -

(a) 50% of fee shall be on filing of the plaint/complaint/written

statement/affidavit in reply in respect of suits, writs, labour

cases and appeals;

(b) 50% shall be paid after final disposal of the respective cases;

(c) The payment in respect of caveat applications, application

for transfer of cases and formal appearance before the court

where KVIC is not a necessary party shall be paid in

lumpsum;

(d) If any pending suits, appeal, writ or other proceedings are

transferred to any other advocate, the fee payable to the

advocate to whom such suits, appeal, writ or other

proceedings are transferred shall be the total amount

mentioned in the Schedule as reduced by the amount

already paid to the former advocate;

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(e) No separate fee shall be paid for vacating ex-parte injunction

or status–quo orders of similar nature or for restoration of

any case in case, if the case is dismissed for non-appearance

of the advocate or any other lapses on his part.

(iii) On receipt of a bill from an Advocate on the Panel, the

State/Divisional Director/Director (LA) shall scrutinize and certify

the claim, make the payment and thereafter forward the same to

the Directorate of Adm-III, Central office, Mumbai for

recoupment.

(iv) The State/Divisional Directors/Director (LA) shall incur the

expenditure on legal matters out of Non-plan Contingency Fund

sanctioned by the Directorate of Administration.

IX. T. A. AND D. A -

If any advocate undertakes journey outside the head quarters in

connection with any matter referred to him by KVIC, he shall be entitled

to claim reimbursement of the traveling expenditure incurred by him

(both ways) subject to production of bill and daily allowance in the

following manner –

A) For the journey by Train - First Class/ II A/c fare.

Local conveyance shall be

restricted to Rs.300/- per day.

B) For journey by any other means - Actual fare or restricted to

eligible train fare,

whichever is less. Local

Conveyance shall be

restricted to Rs.300/- per day.

C) Daily allowance - As admissible to an officer

of KVIC having the

Grade Pay of Rs.6600/-

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X. PROVISIONS FOR ENHANCEMENT OF FEE TO THE

ADVOCATES OUTSIDE THE PANEL -

The State/ Divisional Directors may entrust any case to any Senior

Advocate outside the panel or to a firm or Solicitor in the following

cases -

(i) If any case involves issues of utmost importance, prestige and

serious financial implications, for having regard to the urgency

and sensitive nature of the case, it is necessary to engage any

Senior Advocate from outside the panel;

(ii) The remuneration to be paid to such Advocate for such cases may

be determined as under -

(a) The remuneration exceeds the prescribed fee and goes up to

50% of the fee prescribed in the Schedule of fees, the

approval of the concerned Zonal Dy. Chief Executive Officer

should be obtained. However, such enhancement of fee is

permissible only for two occasions in a year. For subsequent

cases of enhancement, the approval of Chief Executive

Officer should be obtained.

(b) If the remuneration exceeds 50% of the fee prescribed in the

Schedule of fees, the approval of the Chief Executive Officer,

KVIC Mumbai should be obtained.

Encl: Annexure - I, II, III Form No.I & II

Director (Legal Affairs)

ANNEXURE- I

SCHEDULE OF FEE FOR ADVOCATES (GENERAL)

NATURE OF CASE FEE (LUMPSUM)

I. Civil suits and other proceedings in Lower Courts -

(a) Proceedings for execution of

court’s Decrees or orders

Rs.5000/- inclusive of clerkage

and other Misc. expenses

(b) Filing of Caveat or other Misc.

Applications

Rs.1500/- inclusive of clerkage and

other Misc. expenses & Rs.750/-

per application in case the number

of applications Exceeds one.

(c) Other suits Rs.10000/- inclusive of clerkage


II. Appeals –

(a)

Appeal against interlocutory

orders


other Misc. expenses

(b)

Appeal against final orders

passed in the suits and other

proceedings



III. Labour Cases -

(a)

Cases where dispute involves

General issues relating to one

individual worker



(b)


General issues relating to more

categories of workers



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IV. In the High Court -

(a)

Writs, suits and appeal

Rs.12500/- + clerkage and other Misc.

expenses subject to a maximum of

Rs.1000/-

(b) Payment to Advocate on record

where Sr. Counsel is engaged

Rs.3000/-

(c) Filing of Caveat or other Misc.

Applications

Rs.1500/-inclusive of clerkage and other

Misc. expenses & Rs.750/- per

application in case the number of

applications exceeds one

(d) For filing application for

transfer of cases from one court

to another and other misc.

applications

Rs.4000/-inclusive of clerkage and other

Misc. expenses

(e) For formal appearance in a case

where KVIC interest is not

involved

Rs.5000/- inclusive of clerkage and other

misc. expenses.

V. In the Consumer Court –

(a) Consumer cases before District

Redressal forum

Rs.8000/- inclusive of clerkage and other

misc. expenses.

(b)

Consumer cases before State

Redressal forum


other misc. expenses.

(c) Consumer cases before National

Redressal forum



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VI. In the Debt Recovery Tribunal –

(a) Original application Rs.10000/-inclusive of clerkage and


(b)

Appeal Rs.10000/- inclusive of clerkage and


VII. Verification of title deeds And other relevant documents –

(a) In connection with E.M Rs. 1000/- per Title Deed

(b)

In connection with execution

of Surety bond/s

Rs. 1000/-per Surety Bond

VIII. Drafting of notices/Documents -

(a)

Drafting of notices and reply

to the Advocate notice

Rs.1000/- per case

(b)

Drafting of deeds and

documents

Rs.1500/- per deed

XI. Fee for consultation and rendering legal opinion -

(a)

Simple consultation with

recorded views

Rs.1000/-

(b)

Consultation on important

matters involving sensitive

issues like policy matters,

interpretation of the provisions

of the Act & Rules etc.

Rs.1500/-

ANNEXURE-II

SCHEDULE OF FEE FOR ADVOCATES IN CITIES OF

KOLKATA, CHENNAI, BANGALORE AND HYDERABAD



Proceedings for execution of




(b) Filing of Caveat or other

Misc. Applications


and other Misc. expenses &

Rs.750/- per application in case

the number of applications

Exceeds one.

(c) Other suits Rs.15000/- inclusive of clerkage


II. Appeals -

(a)


orders



(b)



proceedings



III. Labour Cases -

(a)



individual worker



(b)


General issues relating to

more categories of workers



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IV. In the High Court -

(a)


Rs.22000/- + clerkage and other

Misc. expenses subject to a

maximum of Rs.1000/-

(b) Payment to Advocate on

record where Sr. Counsel is

engaged

Rs.5000/-

(c) Filing of Caveat or other Misc.

Applications

Rs.2000/-inclusive of clerkage and



of applications exceeds one


transfer of cases from one

court to another



(e) For formal appearance in a

case where KVIC interest is

not involved




(a) Consumer cases before

District Redressal forum


and other misc. expenses.

(b)


Redressal forum



(c) Consumer cases before

National Redressal forum



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(a) Original application Rs.15000/-inclusive of clerkage and other

misc. expenses.

(b)

Appeal Rs.15000/- inclusive of clerkage and other

misc. expenses.


(a) In connection with E.M

Rs. 1000/- per Title Deed

(b)

In connection with

execution

of Surety bond/s



(a)

Drafting of notices and

reply


Rs.2000/- per case

(b)

Drafting of deeds and

documents

Rs.3000/- per deed

XI. Fee for consultation and rendering legal opinion -

(a)


recorded views

Rs.1500/-

(b)




interpretation of the

provisions of the Act &

Rules etc.

Rs.2000/-

ANNEXURE- III

SCHEDULE OF FEE FOR ADVOCATES IN THE CITY OF

MUMBAI AND NEW DELHI



(a) Proceedings for execution of




(b) Filing of Caveat or other Misc.

Applications



per application in case the

number of applications Exceeds

one.

(c) Other suits Rs.22000/- + clerkage and other

Misc. expenses Rs.3000/-

II. Appeals -

(a)


orders



(b)



proceedings

Rs.22000/- +clerkage and other


III. Labour Cases –

(a)



individual worker



(b)


General issues relating to more

categories of workers



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IV. In the High Court –

(a)



Misc. expenses subject to a

maximum of Rs.5000/-

(b) Payment to Advocate on

record where Sr. Counsel is

engaged

Rs.5000/-

(c) Filing of Caveat or other

Misc. Applications




of applications exceeds one


transfer of cases from one

court to another



(e) For formal appearance in a

case where KVIC interest is

not involved




(a) Consumer cases before

District Redressal forum



(b)


Redressal forum



(c) Consumer cases before

National Redressal forum



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(a) Original application Rs.18000/-inclusive of clerkage


(b)

Appeal Rs.18000/- inclusive of clerkage



(a) In connection with E.M Rs. 1000/- per Title Deed

(b)

In connection with execution

of Surety bond/s



(a)

Drafting of notices and reply


Rs.2000/- per case

(b)

Drafting of deeds and documents Rs.3000/- per deed

XI. Fee for consultation and rendering legal opinion

-

(a)


recorded views

Rs.2000/-

(b)




interpretation of the provisions

of the Act & Rules etc.

Rs.3500/-

FORM NO. I

FORMAT OF APPLICATION

APPLICATION FOR ENROLLMENT IN THE PANEL OF

ADVOCATES OF THE KHADI AND VILLAGE INDUSTRIES

COMMISSION

STATE/DIVISIONAL OFFICE/CENTRAL OFFICE AT_____________

(Kindly see Annexure-I)

1. Name of the Advocate in full

2. Age and date of birth

3. Address for communication (with telephone /

mobile/fax no. and email address)

4. Educational Qualifications

5. Registration number and date of registration

with the Bar Council

6. No. of years of experience

7. No. of cases contested at

a. High Court

b. District Courts

c. Subordinate Courts

d. Consumer Courts

e. Labour Court

f. Tribunals

8. Name of the Court in which mostly appearing

7. Area of Specialization (with details)

8. Number of cases handled so far and nature of

cases

9. Details of major clients

10. Details of court cases won and reported in the

Law Journals

11. Names and addresses of two eminent

personalities for reference

Place:

Date: _________________

Signature Note: For any other details attach separate sheet.

FORM NO.II

FORMAT OF QUARTERLY RETURN TO BE SUBMITTED BY

THE PANEL ADVOCATES

Quarterly report for the quarter ending__________________

Sr.

No

Details of

the cases

entrusted

Name of

court/s

where

cases are

filed

Nature

of the

cases

Interim

order

if any,

passed

Present

Status

of the

case

No. of

cases

disposed

off

Remarks