42. [ [ Added by G.S.R. 541, dated 26.6.1987 (w.e.f. 18.7.1987).] (1) Where the appellant is not represented by an advocate of his choice, the Court may in a proper case, direct the engagement of an advocate amicus curiae at the cost of the State. The fee of the advocate so engaged shall be a lump sum not exceeding Rs. 500 as may be fixed by the Bench hearing the case, and in an appropriate case, the Bench hearing the case, may for the reasons to be recorded in writing, sanction payment of a lump sum not exceeding Rs. 750 to the said Advocate.
(2)After the hearing of the appeal, the Registrar or the Deputy Registrar shall issue to the Advocate amicus curiae a certificate in the prescribed form indicating therein the name of the said Advocate engaged at the cost of the State and the amount of fees payable to the said Advocate.(3)The State concerned shall pay the fees specified in the certificate issued under sub-rule (2) to the Advocate named therein within three months from the date of his presenting before it, his claim for the fees supported by the certificate. If the fees are not paid within the above said period, the Advocate shall be entitled to recover the same from the State concerned by enforcement of the certificate as an order as to costs under the Supreme Court (Decrees and Orders) Enforcement Order, 1954.Explanation .-For the purposes of this rule, the term "State" shall include a Union territory.]Order XVIAPPEALS BY SPECIAL LEAVE
