19 August 2008
In exercise of the powers conferred by Article165 of the Constitution, the Governor of Himachal Pradesh is pleased to make the following rules for regulating the remuneration and duties of the Advocate General for the State:- 1. In these rules:- “Advocate General” means the person appointed under clause (1) of Article 165 of the Constitution to be the Advocate General for the State and includes any person appointed to act as the Advocate General during the absence of leave or deputation of the permanent incumbent of the office. 2. The Advocate General will be a whole time servant of the State Government: Provided that he may engage in such private practice as does not interfere in the discharge of his duties as Advocate General: Provided further that he will not accept any case against the State of Himachal Pradesh. 3. The duties of the Advocate General will be as follows:- (a) He shall advise the State Government upon such legal matters as may be referred to him by the Home Secretary or the LegalRemembrancer to the Government of the State. (b) He will represent, or arrange for the representation of the Stateat all stages before the High Court in criminal cases and casesof a quasi-criminal nature, such as those relating to the Presslaw, writs under the Constitution, extradition and preventive detention: Provided that the State Government may, on account of the specialimportance of the case, require that the Advocate General shall himself represent the State in any particular case.(c) He will appear, or arrange for the appearance of counsel, in thefollowing civil cases:- (i) cases in the High Court to which the State Government is a party, or
296 (ii) cases in the High Court to which officers serving underthe State Government are parties and which the StateGovernment has decided to conduct on behalf of such officers; (iii) cases in the High Court in which neither the State Government nor such officers are directly interested, but in which Government consider themselves to be sufficiently interested to render it advisable to conduct thecases on behalf of some third person. (d) Appeals from the cases referred to in clause (c). (e) He will appear personally before the High Court, when so required by Government, in references from subordinate courts to which Government is a party or in cases withdrawn to theHigh Court from subordinate courts under Article 228 of theConstitution or any other law. (f) He will appear himself or arrange for the conduct of civil cases of the nature described above when so required, in the othercivil courts of Shimla. (g) He will also be expected to appear in any civil or criminal case out side Shimla whether in courts subordinate to the High Courtor in the Supreme Court, or in any other court, when specially desired to do so by the State Government or by the Legal Remembrancer. (h) He will take part in proceedings of the House or Houses of the State Legislature or any Committee of the Legislature of which he may be named as member. (i) He shall also discharge the functions conferred on him by orunder the Constitution or under any other law for the time being in force. 4. (1) He will be paid such salary as may be determined by the Governor. (2) He will be entitled to fees in civil and criminal or quasi-criminal cases, when permission under the rules, according to scales prescribed therein;but he will not be entitled to fees for:- (a) opinion work, (b) participation in the work of a House or Houses of the Legislature and any Committee of the Legislature ofwhich he may be named a member, and (c) appearance in the High Court in criminal cases including cases of contempt of court.
RULES FOR REGULATING THE REMUNERATION AND DUTIES OF ADVOCATE GENERAL297 5. (i) In criminal cases in any court other than the High Court, the Advocate General will be paid fee of Rs. 200/- in respect of every day’s attendance. (ii) In quasi-criminal cases in the High Court, such as cases under the Press Law, or those relating to the conduct of Legal Practitioners, he will receive fees as for civil miscellaneous cases i.e. Rs. 100 for each day of attendance. 6. In civil cases the Advocate General will be paid fees in accordance with the following scales:-(a) seven and half percent on first Rs. 5,000 of the claim, 3per cent on the next Rs. 15,000 of the claim, 1 percent on the claim between Rs. 20,000 and Rs. 50,000 and 50 paise per cent on the claim above Rs. 50,000. The fees shall be subject to a minimum of Rs. 32/- and a maximum of Rs. 1,000 for any one case, provided that, in any caseof great importance making an unusual demand on thetime and energy of the Advocate General, the State Government may direct that such fee as it considerssuitable may be granted, not exceeding the fixed percentage rate, upto a maximum of Rs. 5,000. (b) In cases in any court subordinate to the High Court conducted throughout by the Advocate General, the fee payable shall be a minimum of Rs. 100 for each day attendance. (c) For appearances in any case not conducted throughout by the Advocate General the fee will be Rs. 100 for each day of attendance clause (a) above. (d) Where a single case passes at different stages through more courts than one e.g., for original decision, appeal and further appeal or revision, it shall be treated, for the purpose of fees, as separate case at each such stage. (e) In miscellaneous civil cases, not exclusively covered by these terms, the ordinary fee shall be Rs. 100 for each day of attendance. (f) In civil writ cases and in letters patent appeals arising therefrom which shall not be considered as civil miscellaneous cases, the fee shall be one hundred rupees for civil writ or letters patent appeal.
RULES FOR REGULATING THE REMUNERATION AND DUTIES OF ADVOCATE GENERAL298 6-A. The Advocate General, Himachal Pradesh will be paid fees for his appearance inany civil or criminal case in the Supreme Court of India on behalf of the State Government according to the scale of fees laid down from time to time in the second schedule to the Supreme Court Rules, 1966 for leading Counsel or Senior Advocate as the case may be. 7. If in any case the Advocate General is required to attend before any Election Commission Tribunal, he shall be permitted to receive such fees as may be recommended by the Commission in their report. 8. The leave rules will be as follows:- (a) Leave, on pay equivalent to full pay may be sanctioned upto 1/11th of theperiod spent on duty, as Advocate General, provided that leave of this kindshall not accumulate beyond four months. (b) Leave on medical certificate on leave salary equivalent to half pay may be granted upto 2/11th of the period spent on duty as Advocate General, subject to a maximum of three months at any one time. (c) Extraordinary leave may be granted without allowances, subject to a maximum of three months at any one time. (d) Leave of the various kinds may be granted in combination upto a maximum of six months only at any one time. (e) For the first two years of the appointment, the Advocate General will not beentitled to more than one month’s leave, except on medical certificate in any one year. For purposes of travelling and mileage allowances, the Advocate General will be treated as Grade I Government Servant. His travelling allowance will be governed by Punjab Civil Services Rules, Volume III, except that the limit of 10 days for the drawl of halting allowance will not be operative, when he is required to conduct a case before any court or tribunal or any authority within the territory of India in the discharge of his duties:Provided that no halting allowances will be admissible to the Advocate General for the day or days on which he appears before a court and for which he is entitled to get fees under rules 6 and 6-A. 9. The Advocate General shall not accept appointment as Director in any company without the permission of the Government ________