Section 40 in Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Rules, 1965
40. Fees to pleaders.
- The following principles shall be adopted in fixing the fees to pleaders for work connected with the proceedings under the Act before the Special Appellate Tribunal and the Tribunal : -(1)Fees payable to pleaders for appearance before the Special Appellate Tribunal shall, for taxation, fix the fees payable to pleaders for work connected with the proceedings before it in the same manner in which the High Court fixes advocates fee for taxation in appeals against the orders of the lower Courts, irrespective of the fact, whether it allows cost to any of the contesting parties or not:Provided that in respect of a batch of connected cases, in which the result is determined by a single case, only one regulation fee shall be fixed.(2)Fees payable to pleaders for appearance before Tribunal. -(a)The Tribunal shall fix the fee payable to the pleaders for work connected with the following original proceeding before them so as not to exceed Rs.500 in ordinary cases and Rs.1,000 in important cases : -(i)Proceedings connected with the apportionment of compensation under section 27;(ii)Proceedings connected with the apportionment of interim payments under section 29:Provided that in respect of a batch of connected cases in which the result is determined by a single case, only one regulation fee shall be fixed.(b)(i)The Tribunal shall fix the fee payable to pleaders for work connected with proceedings under the other provisions of the Act, on the following basis, namely : -(1)For appearance before the Tribunals and for preparation of the case. - A fixed fee of Rs.15 for each case in respect of appeals under sub-section (3) of section 11.(2)For appearance before the Tribunal for arrangements in respect of appeals under sub-section 3 of section 11, if the time does not exceed 3 hours a fixed fee of Rs. 15 for each case, if the time taken exceeds 3 hours, but does not exceed 6 hours, a fixed fee of Rs.30 for each case, if the time taken exceeds 6 hours, a fixed fee of Rs. 50 for each case:Provided that in respect of a batch of connected cases under, subsection (3) of section 11, in which the result is determined by a single case, the Tribunal shall fix one regulation fee.(ii)The Tribunal shall fix the fees payable to each of the pleaders who appear before them in each case, irrespective of the fact whether they allow any costs to any of the contesting parties or not.(3)(i)Fees payable to pleaders for appearance before the Special Appellate Tribunal and for preparation of the case. - A fixed fee of Rs.100 for each case.(ii)Fees payable to pleaders for appearance before the Special Appellate Tribunal for arguments, if the time taken does not exceed three hours, a fixed fee of Rs.25 for each case, if the time taken exceeds three hours but does not exceed six hours, a fixed fee of Rs.50 for each case, if the time taken exceeds six hours, a fixed fee of Rs.75 for each case:Provided that in respect of a batch of connected cases, in which the result is determined by a single case, the Special Appellate Tribunal shall fix one regulation fee under item (ii) above.(iii)The Special Appellate Tribunal shall fix the fee payable to the pleaders in each case irrespective of the fact whether it allows costs or not.AppendixForm No. 1[See rule 5(3) of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Rules, 1965]ToSri....................................................................... residing at ............................................................................village ...........................................................................taluk.Whereas, you are reported to be in occupation of the land specified in the Schedule hereunder, which has vested in the Government under section 3(b) of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Tamil Nadu Act 30 of 1963), and whereas there are grounds to believe that you are not prima facie entitled to ryotwari patta in respect of the said land and that your occupation is objectionable, you are hereby given notice that, if you so desire, you may appear before me on......[(date)] [The date shall be at least seven days after the date of service of the notice.] at.....(time) at.........(place) or show cause, in writing, before that date, why you should not be disposed of the said land, under the proviso to section 3(d) of the said Act.
