HONORARIUM PAYABLE TO ADVOCATES ON THE
PANEL OF DELHI STATE LEGAL SERVICES AUTHORITY
For Delhi High Court
S.
No.
Description of work
Fee Payable to Advocates
Drafting Pleadings: (Civil Matters)
1.
Substantive pleadings Writ petition,
plaint, facts and grounds of
appeal/revision, counter affidavit,
written statement, counter claim, reply
to counter claim, replication, rejoinder
affidavit etc.
Rs.1,500/- subject to a maximum total
of Rs.3,000/- per case.
Miscellaneous pleadings application,
reply to application, execution petition,
reply to execution petition, review
petition, reply to review petition,
additional or supplementary affidavits
or pleadings etc.
Rs.500/- subject to a maximum total of
Rs.1,000/- per case.
Any other pleading (for example,
Contempt of Courts Act, Succession
Act, Arbitration and Conciliation Act
etc.)
At the discretion of the Secretary,
DHCLSC subject to a minimum of
Rs.500/- and a maximum of Rs.1,500/per draft upto a maximum total of
Rs.3,000/- per case.
Where the pleadings in connected cases
or batch matters are substantially similar,
the advocate will be entitled to an
additional drafting fee of Rs.1,000/- per
case, subject to a maximum total of
Rs.5,000/- per group of connected cases
or batch matters.
Additional drafting fee is not payable in
connected cases or batch matters.
Acting: (Appellate Side Matters)
1
All cases before an Honble Single
Judge (inclusive of all miscellaneous
applications filed in a case)
Rs.2,000/- on admission of the case and
Rs.4,000/- on final disposal of the case.
All cases before a Division Bench
(inclusive of all miscellaneous
applications filed in a case)
Rs.3,000/- on admission of the case and
Rs.6,000/- on final disposal of the case.
Acting: (Original Side Matters)
1
All Civil Suits (inclusive of all
Rs.20,000/- per case payable as follows:
miscellaneous applications filed therein)
1/3rd on completion of pleadings and
framing of issues.
1/3rd on completion of evidence.
1/3rd on conclusion of the case.
2
All other Original Side Matters (other
Rs. 3000/- to Rs.10,000/- per case
than Contempt of Court)
payable in stages on the discretion of the
Secretary, DHCLSC.
Drafting: (Criminal Matters)
1
Criminal appeal
Rs.1,500/- one time total payment.
Where the pleadings in connected cases
or batch matters are substantially similar,
the advocate will be entitled to an
additional drafting fee of Rs.1,000/- per
case, subject to a maximum total of
Rs.5,000/- per group of connected cases
or batch matters.
Criminal Revision, bail application,
Rs.500/- subject to a maximum of
anticipatory bail application, parole
Rs.1,000/- per FIR.
application, suspension application and
any other application
Additional drafting fee is not payable in
connected or batch matters arising out of
same FIR.
Acting :
1
All cases before an Honble Single
Judge
Rs.2,000/- on admission of the case and
Rs.4,000/- on final disposal of the case.
All cases before a Division Bench
Rs.3,000/- on admission of the case and
Rs.6,000/- on final disposal of the case.
Bail application, anticipatory bail
application, parole application,
suspension application and any other
application
Rs.500/- per FIR subject to a maximum
total of Rs.1000/- per FIR.
Retainer fee for each Standing
Counsel
Rs.5,000/- per month.
Miscellaneous Expenses:
1.
Typing
Rs.15/- per page (1+3)
2.
Photocopy
Rs.1/- photocopy (per page)
3.
Clerkage
10% of the fee subject to a maximum of
Rs.2000/-.
For District Courts
S. No
Description of Cases
Fee Payable to Advocates
Criminal cases
1.
Complaint Case- upto
Summon stage
Rs.1000/- till the stage of summoning, shall be
payable where trial is not commenced
Rs.5000/- per case to be paid in three stages.
In Summons Cases
including applications U/s
(i) 1/3 at the time of service of Notice and disposal
125 Cr. P.C. and Prevention
of application for grant of interim
of Domestic Violence Act
maintenance.
(ii) 1/3 on conclusion of evidence of prosecution
and defence.
(iii) 1/3 on final disposal.
2.
Complaint Case- upto
Warrant stage
Rs.1500/-, till summoning stage, shall be payable
where trial is not commenced
Rs.7000/- per case to be paid in three stages.
Warrant Case
(i) 1/3 on framing of charge.
(ii) 1/3 on conclusion of evidence of prosecution
and defence.
(iii) 1/3 on final disposal.
3.
(i) Sessions cases involving
sentence of life
imprisonment or death,
including cases under
NDPS, MCOCA & Section
376 IPC.
Rs.12000/- per case payable in three stages.
(ii) All other Sessions Cases
Rs.10,000/- per case payable in three stages, as above.
(i) 1/3 on framing of charge.
(ii) 1/3 on conclusion of evidence of prosecution
and defence.
(iii) 1/3 on final disposal.
4.
Bail Applications
i) Before Metropolitan
Magistrate
ii) Before Sessions Judge
(i) Rs.500/- for every bail application subject to a
maximum of 3 bail applications per accused in an FIR.
(ii) Rs.500/- for each bail application including
anticipatory bail application subject to a maximum of
three bail applications per accused in an FIR.
Civil Cases
1.
(i) Suits including cases
for maintenance under
Hindu Adoption and
Maintenance Act,
contested
probate/succession
matters.
(ii) Adoption cases and
uncontested Succession/
Probate matters
2.
3.
Up to a value of Rs.5000/- =
Rs.750/- per case
Above Rs.5,000/- to Rs.50,000/- = Rs.3000/- per
case.
Above Rs.50,000/- = Rs.3000/- + 1% of value of the
Suit subject to a maximum of Rs. 20,000/-
Rs.3000/- per case
Labour
Matters/CAT/MACT/
Armed Forces Tribunal
Rs. 5000/- per case, including opinion
CAT/AFT Matters
Rs.750/- per opinion, if no case is filed. If case is
filed, only Rs.5000/- for whole case will be
payable.
(i) Suits for injunction or
declaration with injunction,
and
Rs. 5000/- per case irrespective of the valuation.
(ii) Cases for eviction u/S
14 DRC Act.
(iii) Applications under
Section 19 Slum Areas
(Improvement and
Clearance Act) 1956 and
Rs.2000/- per case
(iv) Applications under
5
DRC Act excluding under
Section 27
4.
(a) Matrimonial Cases:
(i) Contested
Rs.10000/- per case.
(ii) Divorce by mutual
consent
ii) Rs. 750/- per motion
(b) Application U/s 24/25
of HMA
Rs. 3500/- per case
(c) Any other case not
covered by above
including Consumer
matters and Sr. Citizens
matters.
Rs.2000/- to Rs.5000/- per case as per decision of
Secretary.
5.
Where two or more suits
together involve
substantially similar or
identical question of law or
fact and connected labour
matters
The fee for first Suit shall be paid full as per Clause (1)
& (2) and fee for the remaining suits shall be paid at the
rate of Rs.1500/- per suit subject to a maximum total
of Rs.4500/-
6.
In Suit or any other
proceedings including
matrimonial cases disposed
by compromise/ ADR
methods and without full
trial.
Fee to be paid as per stage at which compromise/
settlement entered.
7.
(i) Appeal from decree and 1% of value on valuation from minimum of Rs.1000/appeal in respect of public
to maximum total of Rs.5000/-.
premises including arising
out of the Public Premises
(Eviction of Unauthorized
Occupants) Act.
(ii) Appeals from Interim
Orders/Misc. appeals
Rs.1000/- per appeal
8.
9.
DRAFTING
(i) Drafting fee such as
plaints, written statements,
counter affidavits, counter
claims, criminal complaints,
appeals, revisions, etc.
Rs. 1000/- inclusive of appearances upto completion of
pleadings (total).
(ii) Misc. applications
including bail applications.
Rs.300/- total, inclusive of appearance in matters other
than Bail. No additional drafting charges will be payable
in connected or batch matters arising out of the same
FIR.
(i) Juvenile Justice Boards
(JJB)
Rs. 1000/- per day
(ii) Child Welfare
Committee
Rs.1000/- per day
10.
Remand Work (No separate Rs. 5000/- per month
fees for filing any
application will be paid
during the time of remand)
11.
Special Executive
Magistrate (SEM)
Rs. 500/- per day subject to maximum of Rs. 5000/- in
a month
12.
Front Office
The retainer fee for front office lawyers shall be
Rs. 3000/- (Three Thousand Rupees only) per
month in addition to the payment of Rs. 200/(Two Hundred only) per day being presently
released as per NALSA guidelines
Miscellaneous expenses:
1.
Clerkage
10% of the fee subject to a maximum of Rs.2000/-
2.
Typing Charges
Rs.15/- per page (1+3)
3.
Photocopy
Rs.1/- photocopy per page.
GENERAL CONDITIONS:1.
Costs awarded by the Court in favour of the legal aid beneficiary will be paid to the
Delhi Legal Services Authority.
2.
Court fee will be realized, if the Court so directs on disposal of a petition by an indigent
person.
3.
Appeals/Revisions or Petitions arising from one common judgment/order will be
considered as one case.
4.
Honorarium shall be paid in three stages in civil cases whether filed in the High Court or
any other Court
(i) 1/3rd of the total fee will be paid after drafting of the pleadings and framing of issues
and for appearances.
(ii) 1/3rd of the total fee payable will be paid upon completion of evidence.
(iii) The remaining 1/3rd fee will be paid on conclusion of the case.
5.
When misc. applications are filed in a case, including transfer petition only drafting and
typing charges will be payable and no separate fee will be payable.
6.
In case a criminal matter has been disposed of after recourse to plea-bargaining, of
the total fee payable in a case will be payable to the counsel.
7.
When substantially different affidavits are drafted in each connected case and all the
cases are disposed of without contest, the counsel shall get 1/3rd fee in the main case
and Rs.500/- in each of the connected cases subject to a maximum of three cases.
8.
When the counsel has drafted the affidavit, petition or grounds of appeal in the main
case and has not drafted them in the connected cases or the drafts in the connected
cases are similar to the one in the main case are disposed of without contest, the counsel
shall get 1/3rd fee in the main case and Rs.500/- in each of the connected cases, subject
to a maximum of three cases.
9.
In respect of the payment of the fees as per stages mentioned hereinabove, the Advocate
will be required to submit copies of pleadings, petitions, applications, etc. drafted for
claiming the drafting fee, list of proceedings for appearance, copies of evidence
recorded, copy of notice or charge as applicable, orders on the application for interim
maintenance, orders in respect of various misc. applications or petitions (where
8
applicable) and the copies of the judgment or order in final disposal
10.
In the case of respondent appearance, in an appeal or where payment as per schedule
has been approved for per appearance payment of fee, each bill must be accompanied by
a copy of the proceedings and at the time of final disposal, by the final order.
11.
When counsel is changed during the pendency of the case fee will payable as per the
stage fixed hereinabove.
12.
Fees payable in any case not covered in the schedule specifically shall be at the
discretion of the Member Secretary whose decision shall be final
13.
In the event of any doubt or difference of opinion regarding the honorarium payable,
the decision of the Member Secretary shall be final and binding.
14.
The revised rates of the Fee/Honorarium shall be applicable from the date of approval.
Cases already settled will not be re-opened, (unless notified by the Authority).
15.
Where the matters have been disposed at the first hearing after the appointment
of a Legal Aid Counsel only 1/3rd of the prescribed fee shall be paid.
16.
Payment in an Execution Petition shall also be in three stages as for a civil suit,
as some Execution Petition are disposed of after recording of evidence while
others do not require evidence. In case of Execution Petitions arising out of the
same order and requiring periodic filing, only the first petition will be treated as a
civil suit with payment to be released as per stage and each additional/
subsequent execution petition filed in respect of the same order shall be paid @
Rs. 300/- (Rupees Three Hundred Only) per application.
17.
Regular, stage-wise payment as per fee schedule will be made in all complaint
cases once trial commences.
DELHI STATE LEGAL SERVICES AUTHORITY
HONORARIUM PAYABLE FOR WORK OTHER THAN
RELATING TO LITIGATION
S. No.
1.
Description
Jail Visit
Fee Payable to Advocates
Rs.750/- per visit, subject to maximum of three
visits in a week. Payment will be on the basis of
proof of attendance and a brief report of work
done.
2.
Centre Visit and visit on Mobile
Rs.600/- per visit, subject to a maximum of
Van
eight visits in a month including conveyance on
proof of work done.
3.
Visit to Rape Victims
Rs. 600/- per visit including conveyance on
submission of reports.
4.
Visit to Observation Homes of
Rs.600/- per visit, subject to a maximum of four
Boys and Girls
visits in a month. Payment will be on the basis
of proof of attendance and work done.
5.
Payment to Family and Marriage
Rs.750/- per day with minimum of 3 hours
Counsellor/Child Counsellor
including conveyance. Payment will be on the
basis of proof of attendance and work done.
6.
Actual conveyance/ hire charges
Subject to a maximum of Rs.250/- per day as
of three wheeler
the case may be.
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