Section 125 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
125. Fees of Panel Lawyers, etc.
(1)The District Government Counsel or Panel lawyer will generally receive fees accordingly to scale laid down in Para 199 of Chapter VIII of the Revenue Court Manual, which will be subject to a minimum of Rs. 5.00 in contested cases only for Courts subordinate to Commissioners and Rs. 10.00 for Courts of the Commissioner or Board of Revenue. [See N.S. Chaudhary's U.P. Revenue Court Manual, page 53 and U.P. Zamindari Abolition and Land Reforms Rules, 1952, Rule 114(4) (e) [Substituted by Notification No. U.O.-44/one-1/99-3-1(37)/84-180-Revenue-2-U.P. Act-1/1951-Rule-1952-Amendment (16)/Revenue-1, dated 17th November, 1999 (w.e.f. 17-11-1999).]].Cases decided by one judgment shall be deemed to be one case for the purpose of calculating the minimum fee. In complex cases requiring more time and labour, in which prescribed fee is not sufficient, proposal for payment of additional fee will be considered by Collector and when necessary, case will be referred to the Government. [Vide G.O. No. 3285/VII-B-2009-D-59, dated 31st May, 1961 and G.O. No. 112/13(10)-Rajaswa-1-73 (1), dated 23rd November, 1973].(2)The maximum fee payable to the District Government Counsel in appeal in the Court of Additional Magistrate (Judicial) exercising the powers of the Commissioner is Rs. 62.50 per case. However, having regard the time consumed and nature of the questions raised, Collector has to decide finally as to what fee should be paid to the District Government Counsel (Revenue) in each case between Rs. 5.00 and the maximum, i.e. Rs. 62.50 prescribed above for the conduct of the cases of the Gram Sabha. Fees to the District Government Counsel for conducting certain revenue appeals transferred from the Court of Commissioner to the Court of Additional District Magistrate (Judicial) will be paid at the same rate admissible for the cases which is admissible under rules of the Revenue Court Manual. All the revenue cases in Revenue Court and civil cases in Civil Court, which have been arisen out of the U. P. Zamindari Abolition and Land Reforms Act, 1950, and in which either the State of Uttar Pradesh is alone a party or State of Uttar Pradesh and Gram Sabha both are involved and the interest of the Gram Sabha is not involved, will be conducted respectively by District Government Counsel (Revenue) and District Government Counsel (Civil) and their fees and miscellaneous expense will be paid by State Fund. The fees of the Counsel will be debitable to Legal Remembrancer's budget under the appropriate head of account. Miscellaneous legal expenses will be borne by concerned administrative department. In all revenue and civil cases arising out of said Act, in which either Gram Sabha is alone party or Gram Sahba and U.P. State both are parties, but if in fact interest of only Gram Sabha is involved and interest of State is not involved, Court fees and miscellaneous expenses on litigation will be paid by concerned district consolidated fund.(3)The Counsels appointed by the State Government for conducting the cases of Gram Sabha coming before the High Court will be entitled to fees in all cases, i.e. writs, appeals, etc., conducted by them will be paid at the rate of Rs. 160.00 per case plus Rs. 16.00 as fees of clerk, i.e., Rs. 176.00 in all types of cases. In addition to fees of Rs. 160 and Rs. 16 as a fees of cleak, no separe fees for applications, counter-affidavit, rejoineder etc. will be payable to him. Payment of his bill will be made by the District Officer from the consolidated fund to the village, to which the case relates.No separate fees for Appeal, counter affidavit, rejoinder, etc. in addition to Rs. 160 mentioned above and Rs. 16 for cleark fees shall not be payable. The payment of their bill shall be made from the consolidated Gram Fund by the Collector, to which case is related.Counsels of the Gram Sabha at the High Court have not been allowed any permanent advance because at the time of filing-counter affidavit in writs and other cases a sum of Rs. 50.00 is deposited with them for meeting miscellaneous expenses including the expenses required to be incurred on obtaining copies of judgments, if necessary. If in any case, more than amount of Rs. 50.00 is required by them, they can obtain that from that district, to whom that case relates. [Vide G.O. No. U.O. 6099/S.V., dated 16th September, 1963, G.O. No. 2396 (M)/I.D.-543-A-63, dated 17th November, 1966 and G.O. No. 88/4/73 (174)-Rajaswa-7, dated 19th January, 1974].(4)If the cases of Gram Sabha are before the Consolidation Court, which is situated in interior of the distance from the Tahsil or District headquarter, Panel lawyers appearing in Court situated at such distance will be paid travelling and daily allowance in accordance with the provisions of Paras 186 and 187 of the Legal Remembrancer Manual. However, it is notable that generally there is no need of assistance of Gram Sabha Panel Lawyer in proceedings before the Assistant Consolidation Officer and in those cases, in which Gram Sabha is proforma party and no interest thereof is involved in their result, appearance of panel lawyers will not be compulsory before the Consolidation Officer. If the cases are arranged so that in most of the cases, in which Panel Lawyer has to appear, should be fixed on one date or next consecutive date, thereafter, so that travelling and daily allowance can be saved, which is not essential. [Vide G.O. No. 257 (M)/ID-1488-D-60, dated 20th June, 1972].(5)In all such cases travelling and daily allowance will be paid to the District Government Counsel (Revenue) and Panel lawyer, in which they have to go out for spot inspection for conducting the cases of Gram Sabha according to Para 7.47 and 7.48 of the Legal Remembrancer Manual. [Vide G.O. No. 159 (M)/I.D.-2020-D-60, dated 31st March, 1964].
