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Government of Kerala

2017

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KERALA GAZETTE

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PUBLISHED BY AUTHORITY

Regn. No. KERBIL/2012/45073

dated 5-9-2012 with RNI

Reg. No. KL/TV(N)/634/2015-17

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Thiruvananthapuram,

Tuesday

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Vol. VI

2017 am¿®v 21

21st March 2017

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30th Phalguna 1938

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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%

(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 (`)

Land Acquisition cases

2000

7500

Matrimonial cases

2500

12000

Guardian and Wards cases

1750

7500

Probate and Petitions for Letters of Administration

1750

7500

Petitions for Succession Certificate

1500

7500

Insolvency cases

4000

12000

Arbitration cases

1500

7500

Copy right cases

2000

7500

Trade marks and passing off

2000

7500

Any other original proceedings

4000

12000

Other miscellaneous case

1750

7500

Miscellaneous Appeal

2500

7500

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.

Only half of the fee prescribed shall be payable in uncontested cases and cases settled out of Court without

any enquiry.

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

Category

Filing expenses

Legal Fee (to be fixed by the High Court)

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,

K. SATHYAN,

High Court Compound,

Member Secretary

Kochi-31.

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,

K. SATHYAN,

High Court Compound,

Member Secretary,

Kochi-31.

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