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State of Uttar Pradesh - Section

Section 74 in U.P. Revenue Code Rules, 2016

74. Other terms and conditions of Counsel (Sections 62 and 72).

- Other terms and conditions of appointment of Counsels referred to in section 72 shall be as under:-
(a)The Panel Lawyer, when required, give legal opinion and advice free of charge to Bhumi Prabandhak Samiti of the Gram Panchayat in regard to the institution, conduct and the defence of the cases.
(b)If the State Government has been impleaded in any suit or proceeding along with the Gram Sabha, Gram Panchayat or the Samiti, the Counsel appearing for such bodies shall also defend the interest of the State unless directed otherwise.
(c)Every such Counsel shall be bound to inform the Collector about all those cases where he is satisfied that the Chairman, the Secretary or any other Member of the Samiti has colluded with the opposite party or has failed to take due interest in the pairvi or conduct of the case.
(d)The original appointment of every such Counsel shall be for three years which could be renewed for a term of further 3 years in a time provided the work, conduct and integrity of such Lawyer is found to be satisfactory. But the appointing authority shall have exclusive discretion to terminate the engagement at any time without assigning any reason.
(e)No Panel Lawyer shall institute, contest or conduct any case unless he is authorised 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 Gram Sabha, Gram Panchayat or the Bhumi Prabandhak Samiti for which he has been appointed except with the permission of the Government or the Collector of the District in which the Gram Panchayat is situate. This permission may be granted if there is no conflict of interest between the party for which he appears and the Gram Panchayat.
(f)Other duties of the Panel Lawyers and the control of the Collector, Commissioner, the Secretary Board of Revenue or the Government, as the case may be, over them and conduct of suits and legal proceedings shall be governed by the instructions regarding conduct of Gram Panchayat litigation contained in Appendix-II to these rules or the instructions issued by the State Government from time to time.