KHADI AND VILLAGE INDUSTRIES COMMISSION

3, IRLA ROAD, VILE PARLE(WEST), MUMBAI-400 056.

No:LA/Emp.Adv./2004-05                                                                                                Date 20/04/2004

STANDING ORDER NO. 1641 

            In partial modification to the Standing Order No. 1584 dt 17.1.2.1999 , the Commission in its meeting held on 23.12.2003 has decided to dispense with the system of empanelment of Advocates  in the field offices and in its place to introduce the system of engagement of a Legal Retainer. However, Legal Retainer is required to be engaged only in the field offices mentioned in the Annexure-A to this Standing Order.  The Commission further in its meeting held on 04.03.2004 has approved the retainer ship fee to be paid to the Legal Retainer in the field offices as indicated in the Annexure “A” to this Standing Order. 

        The Commission had authorized the Chairman of the Commission to decide the fee to be paid to the Advocates for defending court cases on behalf of the Commission at the Central Office as well as in the field offices.  The professional fee to be paid to the advocates engaged by the Central office as well as field offices for contesting the court cases as approved by the Chairman is indicated in the Annexure -  “B” and “C” respectively to this Standing Order. The mode of payment of professional fee and the T.D & D.A to be paid to the Advocate in connection with the contesting of court cases  by the filed offices are indicated in the Annexure- D to this Standing Order. Baring exceptional cases, which may be with the permission of the CEO, no advocate from a place other than the respective court’s headquarters be engaged by the filed offices.

        The aforesaid fee structure shall come into effect from 01.04.2004.

                                                                                                                                    Sd/-

Encl : A above                                                                                            CHIEF EXECUTIVE OFFICER

To :

1) All the State/Divisional Directors

2) Jt. Chief Executive Officer, KVIC, Mumbai-56

3) All Dy.CEO’s KVIC, Mumbai.

4) All Directors in the KVIC, Mumbai-56.

5) Director (Publicity) with a request to publish this circular in the ensuing  issue of “Jagriti”.

6) Hindi Officer, Hindi Cell, KVIC, Mumbai-56 with a request to issue Hindi version of this Circular.

                                                                                                                                             ANNEXURE-A

ANNEXURE-B

ANNEXURE-C

Note : 1.  There will be no fee for legal opinion in the field as the Legal Retainer is supposed to give legal opinions on matter referred to him by the State/Divisional  Director at any time with out any fee. This will not apply to the States where Legal Retainer is not engaged.  

Note : 2. As regards the payment of professional fee to the Advocate for various matters, except for the verification of title deeds and surety bonds, concerning the field offices of the KVIC in the cities of Chennai, Delhi, Kolkata and Mumbai the rates of fee prescribed for the Central Office may be adopted.

                                                                        ANNEXURE-D

Mode of payment

(i) The payment of fee shall be made in two installments as shown below:

(a) 40% of fee shall be on filing of the plaint /complaint /written statement/ affidavit I reply in respect of suits, writs, labour cases and appeals;

(b) 60% 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 the KVIC is not a necessary party shall be paid in lump sum

(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 Annexure –“ C” as reduced by  the amount already paid to the former advocate  or Rs2500/ -, which ever is more.

(e) If any suits, appeal, writ or other proceedings does not continue because of withdrawal, dismissal or otherwise after any of the stages up to which  suits, appeal, writ or other proceedings continued, the fee shall be 50% of the fee prescribed for all stages of the suits, appeal, writ or other proceedings

(f)  No separate fee shall be paid for vacating ex-parte injunction or status –quo orders of similar nature. No fee shall be payable 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.  

T. A. & 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 the traveling allowance(both ways) and daily allowance in the following manner:-

 1. (a) For the journey by Train            - First Class/ II Ac. No local conveyance will be paid . 

     (b) For journey by any other means - Actual fare or restricted to eligible train fare , which ever is less.

                                                        No local conveyance will be paid.

2. Daily allowance                              - As admissible to an officer of the KVIC in the basic pay of Rs12,000/-

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