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State of Bihar - Section

Section 25 in Bihar State Legal Services Authority, Regulation, 1998

25. Honorarium payable to Legal Practitioner on the Panel.

- (i) 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 legal aided persons under these Regulations.
(ii)
(a)In the first instance endeavour shall be made to arrange services of legal practitioner without payment of any fee. If such services can not be so arranged, the concerned Committee/ District Authority may pay the fee at the following rate to a counsel for working in the following courts and class of cases:-
(A) High Court    
  Writ petition ... Rs. 750/-
  L.P.A. ... Rs. 750/-
  Second Appeal ... Rs. 750/-
  First Appeal ... Rs. 1000/-
  Civil Misc. Appeal ... Rs. 500/-
  Cr. Revision and Appeal ... Rs. 500/-
  Civil Revision ... Rs. 500/-
(B) District Court    
  Suit before Sub-Judge ... Rs. 750/-
  Original Petitions before Sub-Judge or District Judge. ... Rs. 500/-
  Criminal cases before Asst. Sessions Judge or Sessions Judge. ... Rs. 500/-
  In hostile cases ... Rs. 250/-
(C) Sub-Divisional Courts    
  Criminal case including Maintenance case. ... Rs. 500/-
  Civil Suit ... Rs. 500/-
  Bail petition if counsel not paid fee in main case. ... Rs. 100/-
(D) Cases before Collector/Additional Collector,othercourts of the same rank including Courts of settlement officershearing cases relating to survey cases. ... Rs. 750/-
(E) Cases before SDM, Executive Magistrate,LRDC &other courts of the same nature and rank in Sub-Divisions. ... Rs. 500/-
(b)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 the higher fee as it deems fit;
(iii)Fees payable under Sub-Regulation (ii) shall be paid in two instalments, as under:-
(a)⅓rd of the fee on engagement of the legal practitioner after first hearing of the case
(b)the remaining ⅔rd fee after final decision of the case.
(iv)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 cash 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.
(v)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.