Section 114 in U.P. Zamindari Abolition and Land Reforms Rules, 1952
114. [ [Substituted by Notification No. 166/2-1(1)-79-UPA-1-1951 AM (14)-1980, dated 29.02.1980.]
(1)For the conduct of suits, applications and other proceedings, including objections, appeals, revisions, writs and special appeals, by or against the Gaon Sabhas, the following shall be appointed in the manner provided in sub-rule (2) as panel lawyers for the court specified against each :](a)One Tahsil Panel Lawyer (Revenue) for each tahsil in respect of revenue cases before the court of Tahsildar or before a Consolidation Officer whether they hold their court at tahsil headquarters or at any other place within the tahsil. He will represent all the Gaon Sabhas within the tahsil.(b)One Tahsil Panel Lawyer (Civil) for each tahsil in respect of civil cases before civil courts, if any, within the tahsil. He will represent all the Gaon Sabhas within the tahsil(c)One District Gaon Sabha Panel Lawyer (Revenue) for each district in respect of revenue cases before the courts of Collector, Additional Collector, Assistant Collector First Class (excluding Tahsildar), Settlement Officer Consolidation, Deputy Director of Consolidation and Director of Consolidation, whether they hold their court at district headquarters or at any other place within the district. He will represent all the Gaon Sabhas within the district.(d)One District Gaon Sabha Panel Lawyer (Civil) for each district in respect of civil cases before all the civil courts at district headquarters excluding High Court. He will represent all the Gaon Sabhas within the district.(e)One Divisional Gaon Sabha Panel Lawyer (Revenue) at each divisional headquarters for the courts of the Commissioner and the Additional Commissioner. He will represent all the Gaon Sabhas in the division.(f)One Gaon Sabha Panel Lawyer (Board of Revenue) for the cases of all the Gaon Sabhas within the State before Board of Revenue each at Allahabad and at Lucknow.(g)One Gaon Sabha Panel Lawyer (High Court) for the High Court each at Allahabad and at its Bench at Lucknow.(h)One or more such additional Panel Lawyer referred to in clause (a) to (g) above, if considered necessary, with reference to the work load.(2)Manner of appointment. - (a) The Tahsil Panel Lawyers shall be appointed by the Collector of the district.(b)Unless otherwise directed by the Government in any particular case or cases, a Government Counsel appointed by the Government to conduct suits for or against the Government in the revenue courts at district headquarters shall be deemed to have been appointed by the Government as District Gaon Sabha Panel Lawyer (Revenue) for that district under clause (e) of sub-rule (1). Similarly, a Government Counsel appointed by the Government to conduct cases for or against the Government before the Civil Courts at the district headquarters or before the Court of Commissioner/and Additional Commissioner or the Board of Revenue or before the High Court shall be deemed to have been appointed respectively by the Government as District Gaon Sabha Panel Lawyer (Civil), Divisional Gaon Sabha Panel Lawyer (Revenue), Gaon Sabha Panel Lawyer (Board of Revenue) and the Gaon Sabha Panel Lawyer (High Court).(c)The appointments of Panel Lawyers referred to in clauses (c) to (f) of sub-rule (1), under this clause shall be made by the Government after consideration of the recommendations of the Collector and the District Judge. The appointment of Panel Lawyer referred to in clause (g) of sub-rule (1) under this clause shall be made in consultation with the Advocate General.(d)Notwithstanding anything contained in clauses (b) and (c) the Government may appoint a counsel other than the Government Counsel referred to in clause (b) above as Panel Lawyer under clauses (c) to (g) of sub-rule (1) for the Gaon Sabha cases.(e)Where any additional Panel Lawyer is appointed under clause (h) of sub-rule (1), the charge of cases to be attended to by the Panel Lawyer and each of the additional Panel Lawyers in terms of sub-section (2) of Section 127-B shall be clearly specified as the case may be by the Collector, the Commissioner, the Secretary, Board of Revenue or the Government under intimation to the courts concerned. The additional Panel Lawyer will, however work under the supervision of the Panel Lawyer subject to the overall control of the Collector, the Commissioner, the Secretary, Board of Revenue, or the Government, as the case may be.(3)Terms and conditions. - The term of a Panel Lawyer referred to in clause (a) or clause (d) of sub-rule (2) shall be three years. It may be renewed thereafter for another period not exceeding three years, if his work, conduct and integrity is found to be satisfactory. But it shall be in the exclusive discretion of the appointing authority to terminate the appointment at any time during the first or subsequent terms without assigning any reason therefor.(4)The appointment of all the Gaon Sabha Panel Lawyers referred to in sub-rule(2) shall be subject to the following terms and conditions-(a)No Panel Lawyer shall institute, contest or conduct any case unless he is authorized to do so by the Sub-Divisional Officer, or the Collector, or the Board of Revenue or the Government, as the case may be. He will also be under a disability to appear in any case against a Gaon Sabha except with the permission of the Government or the Collector of the district in which the Gaon Sabha is situate. This permission may be granted if there is no conflict of interest between the party for which he appears and the Gaon Sabha.(b)Where State is impleaded alongwith the Gaon Sabha, the Panel Lawyer shall unless, directed otherwise by the Collector, also defend the interest of the State.(c)The Panel Lawyer shall, when required, give legal opinion and advice free of charge to the Bhumi Prabandhak Samiti of the Gaon Sabhas in regard to the institution, conduct and defence of the cases.(d)It shall also be the duty of the Panel Lawyer to bring to the notice of the Collector, of the Sub-Divisional Officer all cases in which he is satisfied that the Chairman, the Vice-Chairman, the Secretary or any other member of the Bhumi Prabandhak Samiti has colluded with the opposite party or has not taken due interest in the pairvi or conduct of the case.(e)[ The Panel Lawyers shall be entitled to a flat rate of fee per case, irrespective of the numbers of date fixed therein as given below : [[Substituted by Notification No. Pra Sa. 148/One-1-2013-0-1 (1 )-2010 07 dated 12.06.2013, published in the U.P. Gazette, Extra., Part 4, Section (Kha) dated 12.06.2013. Prior to substitution, it stood as under :(e)The Panel Lawyers shall be entitled to a flat rate of fee per case, irrespective of the numbers of date, fixed therein as given below :(i)For the Court of Tahsildar and Consolidation Officer situate at Tahsil headquarters or within the Tahsil...............Rs. 100.(ii)For the court of Collector, Additional Collector, Assistant Collector First Class (excluding Tahsildar), Settlement Officer Consolidation, and all the Civil Courts excluding High Court Rs. 150.(iii)For the Court of the Commissioner, the Additional Commissioner, Deputy Directors, Joint Director and Director of Consolidation................Rs. 225.(iv)For the Board of Revenue, U.P...............Rs. 350(v)For the High Court.............Rs. 1000.Provided that the Collector or the Government may in exceptional or intricate cases requiring abnormal time and labour allow a higher fee subject to the following maximum :(i)For the Court of Tahsildar, Consolidation Officer and Civil Court situate at tahsil headquarters or within the Tahsil.............Rs. 150.(ii)For the Court of Collector, Additional Collector, Assistant Collector First Class (excluding Tahsildar), Settlement Officer Consolidation, Deputy Director of Consolidation, and all the Civil Courts at District headquarters excluding High Court..................Rs. 225.(iii)For the Court of the Commissioner, the Additional Commissioner............Rs. 350.(iv)For the Board of Revenue, U.P..................Rs. 550.(v)For the High Court....................Rs. 2000]]](i)For the Court of Tahsildar and Consolidation Officer situate at Tahsil headquarters or within the tahsil..........Rs. 115/-.(ii)For the Court of Collector, Additional Collector, Assistant Collector First Class (excluding Tahsildar), Settlement Officer Consolidation and all the Civil Courts excluding High Court............Rs. 175/-.(iii)For the court of the Commissioner, the Additional Commissioner, Deputy Director, Joint Director and Director of Consolidation..............Rs. 260/-.(iv)For the Board of Revenue, U.P............Rs. 400/-.(v)For the High Court...............Rs. 1150/-.Provided that the Collector or the Government may in exceptional or intricate cases requiring a abnormal time and labour allow a higher fee subject to the following maximum;(i)For the Court of Tahsildar, Consolidation Officer and Civil Court situate at Tahsil headquarters or within the tahsil............Rs. 175/-.(ii)For the Court of Collector. Additional Collector, Assistant Collector First Class (Excluding Tahsildar), Settlement Officer Consolidation, Deputy Director of Consolidation and all the Civil Courts at District Head Quarters excluding High Court................Rs. 260/-.(iii)For the Court of the Commissioner, the Additional Commissioner,.......Rs. 400/-.(iv)For the Board of Revenue, U.P. Rs. 635/-.(v)For the High Court....................Rs. 2300/-.Exceptional or intricate cases will be decided by the Collector.](f)The clerk of a Panel Lawyer will be paid a fee equal to ten per cent of the fee of the Panel Lawyer subject to a minimum of Rs. 1 per case.(g)Other duties of the Panel Lawyers and the control of the Collector, the Commissioner, the Secretary Board of Revenue or the Government, as the case may be, over them shall be governed by the instructions regarding conduct of Gaon Sabha litigation issued in G.O. No. 2240-AZ/IA-1165-1954, dated August 20, 1958 or such other instructions as may be issued by the Government from time to time.(h)The Panel Lawyers shall not enter into any agreement or compromise with reference to, or withdraw from, any suit or other proceeding on behalf of a Gaon Sabha without obtaining prior sanction of the Bhumi Prabandhak Samiti, accorded by a resolution, and the permission of the Assistant Collector in charge of the Sub-Division or the Tahsildar, not being the Presiding Officer of the Court in which the suit or proceeding is pending.(5)The Collector, the Commissioner and the Secretary, Board of Revenue, shall maintain confidential files in respect of the Panel Lawyers in the district at the Divisional Headquarters and at the headquarters of the Board of Revenue respectively and shall annually enter therein remarks on the lawyer's capacity, efficiency integrity and general performance.
