Regn. No. KERBIL/2012/45073 dated 5-9-2012 with RNI © കേരള സർക്കാർ
Reg. No. KL/TV(N)/634/2015-17 Government of Kerala 2017
കേരള ഗസററ്
KERALA GAZETTE
ആധികാരികമായി പ്രസിദ്ധപ്പെടുത്തുന്നത്
PUBLISHED BY AUTHORITY
വാല്യം 6
നമ്പർ തിരുവനന്തപുരം, ചൊവ്വ
12 }
Thiruvananthapuram,
No. } Vol. VI
Tuesday
2017 മാർച്ച് 21 21st March 2017 1192 മീനം 7 7th Meenam 1192 1938 ഫാൽഗുനം 30 30th Phalguna 1938
PART IV
Private Advertisements and Miscellaneous
Notifications
KERALA STATE LEGAL SERVICES AUTHORITY
NOTIFICATION
No. 373/D/17/KELSA.
6th March 2017.
In exercise of powers conferred by Section 29 A of the Legal Services Authorities Act, 1987 (Central Act 39 of 1987) the Kerala State Legal Services Authority hereby makes the following Regulations to amend the schedule with reference to Regulation 41(3) and Regulation 41 (8) of the Kerala State Legal Services Authorities Regulations, 1998 issued as per Notification No.300/D/14/KELSA dated 25-3-2014 published in Kera1a Gazette No. 22 dated 3-6-2014 and as per Kerala State Legal Services Authority (Amendment) Regulations 2006, 2011 and 2014.
REGULATIONS
1. Short title and commencement.—(i) These Regulations may be called Kerala State Legal Services Authority (Amendment) Regulations 2017.
(ii) They shall come into force w.e.f. 16-2-2017, the date on which the State Authority resolved to make the amendment.
2. Amendment of schedule as per Regulation 41(3).—The existing schedule of fees payable to the legal practitioners on the panel as shown in the amended Regulations 2014 shall be deleted and in its place the following schedule shall be inserted.
SCHEDULE
THE REMUNERATION PAYABLE TO LEGAL PRACTITIONERS
[See Regulation 41 (3)]
SUBORDINATE COURTS
A. Civil
1. Original SUITS
In original suits advocates fees shall be calculated on the value of the Subject matter of the suit for determining the jurisdiction of the court according to the following scales.
(a) on the first sum of ` 5,000 at 10%
(b) on the next sum of ` 5,000 at 8%
(c) on the next sum of ` 40,000 at 5%
(d) on the sum above ` 50,000 upto 1,00,000 at 3%
Above ` 1,00,000 2%, above ` 5,00,000 1%, subject to a minimum of ` 2,500 and maximum of ` 12,000. In cases where fixed Court fee is paid, the minimum fee shall be ` 4,000.
2. Execution Petition
In execution cases, the advocate's fee shall be calculated at the rate of 50% of the fee calculated, at the rates specified in original Suits as above, subject to a minimum of ` 1,250.
3. Regular Appeals
In regular appeal, the advocate's fee shall be paid at the rate specified for original suits above, subject to a minimum of ` 3,000 and maximum ` 12,000. In case where fixed Court fee is paid the minimum shall be ` 4,000.
4. Execution Appeal
In execution appeal, the fee shall be paid at the rate of 50% of the fee specified, for regular appeals, subject to a minimum of ` 1,500.
5. Other Proceedings
In other proceedings advocate's fee shall be fixed by the Court, having regard to the time occupied in the hearing of the case and nature of the questions raised, with the minimum and the maximum specified hereunder:—
Sl. No. Nature of Proceedings Minimum (`) Maximum (`) 1 Land Acquisition cases
2000 7500 2 Matrimonial cases
2500 12000 3 Guardian and Wards cases
1750 7500 4 Probate and Petitions for Letters of Administration 1750 7500 5 Petitions for Succession Certificate
1500 7500 6 Insolvency cases
4000 12000 7 Arbitration cases
1500 7500 8 Copy right cases
2000 7500 9 Trade marks and passing off
2000 7500 10 Any other original proceedings
4000 12000 11 Other miscellaneous case
1750 7500 12 Miscellaneous Appeal
2500 7500 13 Petitions and appeal under Buildings (Lease and Rent 4000 12000 Control Act 1965) Note:—1. If the Court fails to fix the advocate's fee the Court shall be deemed to have awarded the minimum specified above.
2. Only half of the fee prescribed shall be payable in uncontested cases and cases settled out of Court without any enquiry.
3. The fee for drafting plaints, appeals, written statements, original applications or petitions under different enactments, objections to petitions stated above shall be ` 1500 per case. It shall be in addition to the fee for conducting such cases. No fee shall be paid for drafting interlocutory applications/objections thereof.
B. Criminal
Category
Fee payable
Sessions Case ` 1000 per day for effective appearance. ` 500 per day for non-effective
appearance Minimum – ` 3000. Maximum –` 12500 per case Other criminal cases ` 750 per day for effective appearance.
Minimum – 2000
Maximum-7500 per case
Bail Application ` 750 Revision Petition ` 2500
Private Complaints ` 750 per day for effective appearance
Minimum - 2000
Maximum - 7500 per cases
Private Complaint-not ` 1000 registered as a case by Court
Drafting
(i) Substantive pleadings such as complaint, application u/s. 12 of
PWDV Act, S.125 Cr. P.C. etc. – ` 1500
(ii) Miscellaneous applications such as Bail, direction etc. ` 600
HIGH COURT
Legal Fee (to be fixed by the High Court)
Category Filing expenses
Min. (`) Max.(`) WP/WA/MFA 1500 4000 10,000
CMA/FAO 1500 3500 10,000 Crl.RP/Crl. Appeal
1500 3500 10,000 RFAs/AS
1500 3500 10,000 Appeals in other instances 1500 3500 10,000 Contempt of Court cases 1500 3500 10,000 Sales Tax/Tax revision cases 1500 4000 10,000 Cr1. Petitions including Crl. M.C. for bail 1500 2500 10,000 Company cases
1500 3500 10,000 Civil Revision
1500 3500 10,000 Review Petition
1500 2500 10,000 LAA
1500 3500 10,000 Note: Transfer petitions are being treated at par with Writ petitions for fee and expenses.
TRIBUNALS
Category Filing expenses Legal Fee (`) Total (`)
Central Administrative Tribunal 1500 2500 7500 Kerala Administrative Tribunal 1500 2500 7500 6 Motor Vehicles Accident cases.—In Motor Vehicles Compensation cases the advocate's fee shall be payable as per the following rates namely:—
Advocate's Fee
Compensation awarded is ` 15000 or less ` 2500 Compensation awarded exceeds ` 2500+3% on the amount in excess of ` 15000 ` 15000 but below ` 50000
Compensation exceeds ` 50000 ` 3550+2% of the amount in excess of 50000, subject to
a maximum of ` 15000 Labour Courts, Industrial Tribunals and W. C. ` 750 per day for effective appearance non-effective Commissioners Courts
appearance-` 500 Minimum—` 3000 Maximum—` 7500 Other cases:—In cases before all other Tribunals and ` 750 per day for effective appearance
other Authorities
non-effective appearance-` 500 Minimum — ` 2500 Maximum — ` 7500
Note: For drafting applications or counters in items 1 to 5—` 800
Clerkage—` 750.
6. General
Appearance for seeking adjournments shall not be treated as "effective appearance" under these rules.
3. Amendment of Regulation 41 (8).—The existing "Clerkage @ ` 250" shall be deleted and in its place the "Clerkage @ ` 750" shall be inserted.
By order, Niyama Sahaya Bhavan, High Court Compound, Kochi-31.
K. SATHYAN, Member Secretary Kerala State Legal Services Authority.
Explanatory Note
(This does not form part of the Notification and is intended to indicate its general purport).
Regulation 41 (3) deals with the remuneration payable to the Legal Practitioners as per Schedule. Since the remuneration fixed by Legal Practitioners has become too inadequate in the present day money value and in view of the minimum fee structure adopted by the Central Authority of National Legal Services Authority this amendment is effected. This notification is intended to amend the existing schedule of fees to make them suitable for their intended purpose in the present day context as decided in the 57th meeting of the Kerala State Legal Services Authority on 16-2-2017.
NOTIFICATION
No. 373(1)/D/17/KeLSA.
6th March 2017.
In exercise of powers conferred by Section 29 A of the Legal Services Authorities Act, 1987 (Central Act 39 of 1987) the Kerala State Legal Services Authority hereby makes the following Regulations to amend the Kerala State Legal Services Authorities Regulations, 1998 issued as per Notification No. 2186/D/13/KeLSA dated 17-8-2013 published in Kerala Gazette No. 37 dated 10-9-2013 as per Kerala State Legal Services Authority (Amendment) Regulations 2003, 2007 and 2013.
REGULATIONS
1. Short title and commencement.—(i) These Regulations may be called Kerala State Legal Services Authority (Amendment) Regulations 2017.
(ii) They shall come into force w.e.f. 16-2-2017, the date on which the State Authority resolved to make the amendment.
2. Amendment of Regulation 13[2] and [3].—The existing "sitting fee of ` 250" in Regulation 13 [2] and [3] shall be deleted and in its place "400" shall be inserted.
Amendment to Regulation 37.— The existing Rule 37 shall be substituted as follows:
"37. Honorarium to Presiding Officers and members of the Lok Adalats, etc:—(1)(a) The presiding Officers other than sitting Judicial Officers shall be entitled to honorarium at the rate of ` 3,000 per day till the revision of pay and- allowances of sitting Judicial Officers. Thereafter, they shall be paid an amount equivalent to one day's revised basic pay of Judicial Officers at the entry level of the cadre from which they retired from service, or ` 3,000 whichever is higher.
(b) The members of the Lok Adalat shall be entitled to honorarium at the rate of ` 2,400 per day.
(2) Sitting Judicial Officers attending or associating with Lok Adalats on public holidays shall be paid honorarium at the rate of ` 3,000 per day till revision of their salary. Thereafter, they shall be paid honorarium equivalent to one day's basic pay or ` 3,000 per day, whichever is higher.
(3) When the services of Retired Judicial Officers are obtained from outside the district, due to non availability of such persons in the district concerned, they shall be paid honorarium as fixed by the Chairman of the District Legal Services Authority concerned in consultation with the Member Secretary, not exceeding ` 3,000 per day till revision of the salary of sitting Judicial Officers. Thereafter, they shall be paid honorarium equivalent to one day's basic pay of the Judicial Officers at the entry level of the cadre from which they retired from service or ` 3,000 per day, whichever is higher, and actual travelling allowance."
By order, Niyama Sahaya Bhavan, High Court Compound, Kochi-31.
K. SATHYAN, Member Secretary, Kerala State Legal Services Authority.
Explanatory Note
(This does not form part of the Notification and is intended to indicate its general purport.)
Regulation 13 deals with Travelling Allowance and Daily Allowance to the non-official members of District Legal Services Authority and sitting fee to the non-official members of the Taluk Legal Services Committee. Regulation 37 deals with the Honorarium to Presiding Officers and Members of Lok Adalats, etc., Since the sitting fee has become too inadequate in the present day money value this amendment is effected. The National Legal Services Authority has resolved that the Judicial Officers and staff working in Lok Adalat on a holiday shall be paid honorarium at the rate of one days basic pay. This notification is intended to amend the existing Regulations 13 and 37 to make them suitable for their intended purpose in the present day context as decided in the 57th meeting of the Kerala State Legal Services Authority on 16-2-2017