The Kerala Panchayat. Raj (Conduct of Cases and Payment of Fees to Legal Advisors) Rules, 2003.

1 . Short title and commencement.—

  1.  These rules may be called the Kerala Panchayat. Raj (Conduct of Cases and Payment of Fees to Legal Advisors) Rules, 2003.
  2. They shall come into force at once

2. Definitions. -In these rules unless the context otherwise requires,—

    1. 'Act' means the Kerala. Panchayat Raj Art. 1994 (13 of 1994);
    2. 'Panchayat' mean1- a Village Panchayat or a Block Pancnayat or a District Panchayat constituted under sub-section (1) of scction'4 of the Act;
    3.  Words and expressions used but not. defined in these rules, but denned in the Act shall have ihe meanings respectively assigned to them in the Act.

3- Engaging Legal Advisors for the conduct a f. cases etc.—

  1.  The Panchayat may, for appearance on behalf of the Panchayat and for the conduct of a case in any civil court or a criminal court or before the Ombudsman or in the Tribunal for the Local Self Government Institutions or the High Court wherein the Panchayat or representing the Panchayat, the Prcsicl nt or the Secretary, is a party, engage an Advocate considered to be qualified for the purpose.
  2.  The responsibility of conducting more than one case, of a Panchayat may be entrusted with the same Advocate.
  3.  Where, in case, the Government or an Officer representing the Government is a party along with the Panchayat and where the interests of the Government and the Panchayat are the same, the Panchayat may, withthe permission of Government, entrust the conduct of the case on behalf of die Panchayat with the same Advocate engaged for the Government.
  4.  The Advocate for the Government shall undertake the conduct of a case in which an Officer whose services have been lent to the Panchayat under section 181 and. who is under the control of the Panchayat is a party, as if it were for an Officer of the Government, unless any decision or orders or proceedings of the-Panchayat has been an issue under dispute therein.
  5.  .Where the Panchayat or the President or the Secretary considers that it is necessary to have the legal advice of an Advocate in any matter in respect of the administration of the Panchayat, legal advice may be sought from a qualified Advocate after having the records thereof examined by him.

4. Appeal against judgments of tower courts.—

  1.  In case a judgment not in favour of the Panchayat has been passed in a case tiled by the Panchayat in a civil court, the Panchayat shall, before tiling appeal .in the higher court, against the judgment, seek the legal advice of the Advocate who had conducted the case for the Panchayat in the lower court a d that of the District Government Pleader.
  2.  In case where it has been instructed to tile appeal in the higher court under sub-section (1), the-same Advocate who, in the lower court, conducted on behalf of the Panchayat, the case which gave rise to the cause for the appeal or any other Advocate considered to be qxialificd may be entrusted with the filing of the appeal as well as the conduct of the case,for the Panchayat.

5. ''Fee for Legal Advisors.—

(1) The Panchayat may, at the rates specified below, give fee to the Advocates concerned, namely; —

  • (i) Fee in, accordance with law or fee as fixed by the Panchayat not exceeding One thousand and five hundred rupees for a civil case;
  • (ii) In criminal cases, for appearance in connection, with the case in a court at the place whore the Advocate practices, fee at the rate fixed by the Panchayat not exceeding two hundred and fifty rupees for each day of appearance occupying less than three hours and that not exceeding five hundred rupees for each day of appearance occupying not less than three hours and that not exceeding five hundred rupees for appearance per day in a court at a place wherein the Advocate does not practice:
  • Provided that when an Advocate appears on behalf of the Panchayat in more than one case on the same day in the same court or in different course at the same place, the total fee payable for the day for his appearance in all
  • the cases shall not exceed five hundred rupees;
  • (iii) Fee as fixed by the Panchayat not exceeding five hundred rupees for every case of rendering legal advice on administrative matters after examining documents;
  • (iv) Fee for rendering legal advice on every case in respect of shall be (hat admissible to the District Government Pleader subject to a maximum of five hundred rupees as fixed by the Panchayat:
  • Provided that, for rendering legal advice in respect of appeals, no separate fee shall be payable to the Advocate who conducted the case in the lower court;
  • (v) Fee as fixed by the Panchayat, not exceeding two thousand rupees for conducting a case m appeal in the higher court against the judgment of the lower court.
  • (vi)Fee not exceeding three thousand rupees for each case may be given for conducting case in the High Court;

(2) Notwithstanding anything contained in sub-rule (1), subject to the prior approval of the Director of Panchayats, fee, as fixed by the Panchayat in excess of the limit is payable to the respective Advocate in the case of a case involving complicated questions of law and for the conduct of which wide knowledge in law is essential.
By order of the Governor,
P. Kamalkutty,
Secretary to Government
Explanatory Note
(This does not form part of the Notification, but is intended to indicate its general purport.)
Sub-section (1) of section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) empowers the Government to make rules. In the light of rhis provision Government propose to make rules in respect of engaging Advocates for the conduct of cases and for the rendering of legal advise to the Panchayat and of payment of fees to them.
This Notification is intended to achieve the above object.