Lok Sabha Question No. 615 (UNSTARRED), answered on 2019-02-06
Subject: Legal Service Authority
Ministry: LAW AND JUSTICE
Asked by: KIRRON KHER

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

******

## LOK SABHA

- UNSTARRED QUESTION NO. 615 TO BE ANSWERED ON WEDNESDAY, THE 6 TH  FEBRUARY, 2019 Legal Service Authority 615. SHRIMATI  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?

## ANSWER

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 9 th 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
2. 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 noneffective 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, ReplicationRs.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 noneffective 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   |