Panchayat:Repo18/Law Manual Page0703

Rule 5 K.P.R. (CONDUCT OF CASES AND PAYMENT OF FEES ...) RULES, 2003 703

Advocate who had conducted the case for the Panchayat in the lower Court and that of the District Government Pleader.

(2) In case where it has been instructed to file appeal in the higher Court under sub-section (1), the same Advocate who, in the lower Court, conducted on behalf of the Panchayat, the case which gave rise to the cause for the appeal or any other Advocate considered to be qualified may be entrusted with the filing of the appeal as well as the conduct of the case for the Panchayat.

5. Fee for Legal Advisors

(1) The Panchayat may, at the rates specified below, give fee to the Advocates concerned, namely:

(i) Fee in accordance with law or fee as fixed by the Panchayat not exceeding One thousand and five hundred rupees for a civil case;

(ii) In criminal cases, for appearance in connection with the case in a Court at the place where the Advocate practices, fee at the rate fixed by the Panchayat not exceeding two hundred and fifty rupees for each day of appearance occupying less than three hours and that not exceeding five hundred rupees for each day of appearance occupying not less than three hours and that not exceeding five hundred rupees for appearance per day in a Court at a place wherein the Advocate does not practice:

Provided that when an Advocate appears on behalf of the Panchayat in more than one case on the same day in the same Court or in different Courts at the same place, the total fee payable for the day for his appearance in all the cases shall not exceed five hundred rupees;

(iii) Fee as fixed by the Panchayat not exceeding five hundred rupees for every case of rendering legal advice on administrative matters after examining documents;

(iv) Fee for rendering legal advice on every case in respect of appeals shall be that admissible to the District Government Pleader subject to a maximum of five hundred rupees as fixed by the Panchayat:

Provided that, for rendering legal advice in respect of appeals, no separate fee shall be payable to the Advocate who conducted the case in the lower Court;

(v) Fee as fixed by the Panchayat, not exceeding two thousand rupees for conducting a case in appeal in the higher Court against the judgment of the lower Court.

(vi) Fee not exceeding three thousand rupees for each case may be given for conducting case in the High Court;

(2) Notwithstanding anything contained in sub-rule (1), subject to the prior approval of the Director of Panchayats, fee, as fixed by the Panchayat in excess of the limit is payable to the respective Advocate in the case of a case involving complicated questions of law and for the conduct of which wide knowledge in law is essential.

                                                                                   NOTES 

In a question of fees payable to a Lawyer appointed by Grama Panchayat to conduct domestic enquiry as an Enquiry Officer, it was held that the Lawyer has rendered his services only as an enquiry officer in a domestic enquiry. It may not even be said that he has participated in any judicial proceedings. In the facts and circumstances, R.5 of the Rules does not have any application to the demand made by the petitioner for the charges due to him on account of his services he has rendered for the respondent Grama Panchayat, so long as the services do not partake the character of any legal assistance. -- Sreekumar M. G. v. State of Kerala and Others -- 2015 (2) KHC 452: ILR 2015 (2) Ker. 479: 2015 (2) KLT 696. SUB 190

                                                                       ==== Explanatory Note ==== 

(This does not form part of the Notification, but is intended to indicate its general purport.) Subsection (1) of Section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) empowers the Government to make rules. In the light of this provision Government propose to make rules in respect of engaging Advocates for the conduct of cases and for the rendering of legal advise to the Panchayat and of payment of fees to them. This Notification is intended to achieve the above object.