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State of Rajasthan - Section

Section 22 in Rajasthan State Legal Services Authority Regulations, 1999

22. [ Honorarium payable to Legal Practitioner on the Panel [Substituted by Rajasthan State Legal Services Authority (Amendment) Regulations, 2012, Notification No. 20722, Rajasthan Gazette Extra Ordinary. dated 20.03.2012 with effect from 04.05.2012.]

(1)The concerned Committee/ District Authority shall prepare a panel of legal practitioners who are prepared to represent or plead the case on behalf of the persons provided with legal aid under these regulations.
(2)In the first instance endeavour shall be made to arrange services of the Legal Practitioner on honorarium basis. If such services cannot be so arranged or cannot be so arranged without providing assistance by another legal practitioner, the concerned Committee/ District Authority may appoint a legal practitioner and pay the fee at the following rates -]
(a)[ Court of Tehsildar, Executive Magistrate, Civil Judge cum-Judicial Magistrate, Sub-Divisional Officer, Assistant Collector and other equivalent court etc. Rs. 6000/- per case and expenses of Rs. 1000/- per case in addition to fee prescribed. [Substituted by Rajasthan State Legal Services Authority (Amendment) Regulations, 2017, vide Notification: Rajasthan Gazette Extraordinary dated 24th May, 2017, with effect from 25th May, 2017.]
(b)Court of Collector-cum-District Magistrate, Additional Collector-cum-Additional District Magistrate, Senior Civil Judge cum Chief Judicial Magistrate and Senior Civil Judge cum Additional Chief Judicial Magistrate, Revenue Appellate Authority and other similar Tribunals Rs. 9000/- and expenses Rs. 1000/- per case.
(c)Court of District & Sessions Judge, Additional District and Sessions Judge, Rs. 13,500/- and expenses Rs. 1000/- per case.
(d)High Court Rs. 16,500/- and expenses Rs. 2000/- per case.]
(e)[ In any case for reasons to be recorded in writing it is considered by the Chairman to be of such nature/importance requiring payment of higher fees to the legal practitioner, may pay higher fees as it deems fit.] [Substituted by Rajasthan State Legal Services Authority (Amendment) Regulations, 2012, Notification No. 20722, Rajasthan Gazette Extra Ordinary. dated 20.03.2012 with effect from 04.05.2012.]
[Provided that in miscellaneous and petty cases like Bail applications and revision petitions of cases under section 107, 125, 145, 133, Cr. P.C. etc. 1/3 amount of fee as specified in clause (a) to (d), as the case may be, and expenses Rs. 1000/- per case shall be paid. Provided further in the withdrawal cases/disposal of case on the plea of guilty, ½ amount of fee as specified in clause (a) to (d) shall be paid.] [Substituted by Rajasthan State Legal Services Authority (Amendment) Regulations, 2017, vide Notification: Rajasthan Gazette Extraordinary dated 24th May, 2017, with effect from 25th May, 2017.]
(3)Fee payable under sub-regulation (2) shall be paid in two instalments as under-
(a)1/2 of the fee on engagement of the legal practitioner after first hearing of the case;
(b)remaining fee after final decision of the case.
(4)Such legal practitioner to whom any case is assigned either for legal advice or for legal aid shall not receive any fee or remuneration whether in case or in kind or any other advantage, monetary or otherwise from such person or from any other person on his behalf and he shall submit a certificate to that effect.
(5)Such legal practitioner on the panel, who has completed his assignment, shall submit a statement showing the fee due to him in connection with the legal proceeding conducted by him on behalf of such person to the Secretary of the District Authority/Committee who shall, after due scrutiny obtain sanction of the chairman and on such sanction being given the remaining amount shall be paid by the Secretary to the legal practitioner. It shall, however, be open to such legal practitioner to waive the remaining fee in whole or in part.