Notice For Empanelment of Lawyers

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NOTICE FOR EMPANELMENT OF LAWYERS

Applications are invited in the prescribed format via E-mail from eligible candidates
for empanelment of Junior & Senior Lawyers for providing legal services in Mumbai
exercising Civil & Criminal Jurisdiction including High Court, City Civil Courts, Small
Causes, Labour and Industrial Court & Metropolitan Magistrate Courts (Shindewadi, Dadar &
Vile Parle) etc. As per requirement mentioned below :-

Junior Lawyer
Panel Courts Experience No. of Lawyers
to be empaneled
'A' High Court 5 Years 25

'B' City Civil Courts, Small Causes, Labour 5 Years 25


and Industrial Court , DRT,Motor
Accident Tribunal, Co-operative Court,
Competent Authorities such as Registrar
of Co-operative societies or any other
court other than High Court &
Metropolitan Magistrate Court.

'C'
Metropolitan Magistrate Courts 3 Years 25
(Shindewadi, Dadar & Vile Parle)

Senior Lawyer
Panel Courts Experience No. of Lawyers to be
empaneled
High Court 15 Years & Above 25

City Civil Courts, 15 Years & Above 25


Small Causes, Labour and
Industrial Court , DRT,Motor
Accident Tribunal, Co-
operative Court, Competent
Authorities such as Registrar of
Co-operative societies.

Metropolitan Magistrate Court.


25
Email address for submission of application--- [email protected]
Important Dates :
1. Commencement of Submission of Application : 04.03.2020
2. Last date of submission of application : 22.03.2020
3. Declaration of List of eligible candidates for interview
after scrutiny of application & documents : Will be published on
MCGM portal

(Note – Applications received after last date of submission will not be considered in any
circumstances.)
The existing empaneled lists of Senior and Junior Advocates prepared pursuant
to Public Notice dated 16.09.2017 and 27.10.2017 shall stand discontinued w.e.f.
publishing of the list of New Empaneled Lawyers on the portal of MCGM, pursuant to
the present notice. Hence, All Lawyers those who are already empaneled by MCGM will
have to apply again in response of this Notice.

Please read the following instructions carefully before mailing the Application Form.
• Format of application with the detailed terms and conditions is available on
portal.mcgm.gov.in
• Soft copy and hard copy of the Application Form to be duly completed in all respect
and in the prescribed format only, along with the documents.
• Candidates shall affix soft coloured photograph on the Application format.
• Only those candidates who fulfill the eligibility criteria may apply for empanelment.
• Candidates shall mention Contact Number, Residential & Office Address and E-mail
Address properly.
• Candidates must give all the required particulars in the Application Form and no
column should be left blank or else the Application will be rejected.
Eligibility for Empanelment
For Junior 1. Applicants must have completed L. L. B. Degree Course from the
Lawyer recognized University and must possess Sanad of the Bar Council.

2. Applicants applying for empanelment on High Court 'A' Panel must


have experience of 5 years of practice and must have conducted minimum 7
cases independently before the High Court.

3. Applicants applying for empanelment on City Civil Courts and other


Courts 'B' Panel must have experience of 5 years of practice and must have
conducted minimum 7 cases independently before the City Civil Courts and
other Courts.

4. Applicants applying for empanelment on Metropolitan Magistrate


Courts (Shindewadi, Dadar & Vile Parle ') 'C' Panel must have experience of 3
years of practice and must have conducted minimum 5 cases independently
before the Metropolitan Magistrate Courts.

5. Applicants should be familiar with various branches of Law including


Mumbai Municipal Corporation Act-1888, Maharashtra Regional Town Planing
Act 1966, Arbitration Act, Industrial Dispute Act including other Labour laws,
Environmental Act, Constitutional Law, Development Control Regulations,
Coastal Road Zone// Regulations and various other laws as applicable in the
cases against Municipal Corporation of Greater Mumbai.

6. Applicants will be considered on the basis of the his/her specialization


/appearance in particular subject or Act as the case may be and will be
categorized accordingly.

7. The Applicants shall be paid fees as per the fees schedule mentioned
for the respective courts in the present Notice.

8. The Applicants will be given preference, if the Applicants have


conducted matters in respective Courts of respective panel in more cases than
prescribed should submit copy of orders of respective applicable Courts.
For Senior 1. Applicants should have completed L. L. B. Degree Course from the
Lawyer recognized University and should possess Sanad of the Bar Council.

2. Applicants must have experience of 15 years of practice and must have


conducted independently 20 cases before the High Courts / City Civil Court /
other Courts. If the Applicants have conducted more cases, he/she will be
given preference accordingly.

3. Applicants should be familiar with various branches of Law including


Mumbai Municipal Corporation Act-1888, Maharashtra Regional Town Planing
Act 1966, Arbitration Act, Industrial Dispute Act including other Labour laws,
Environmental Act, Constitutional Law, Development Control Regulations,
Coastal Road Zone// Regulations and various other laws as applicable in the
cases against Municipal Corporation of Greater Mumbai.

4. Applicants will be considered on the basis of the his/her specialization


/appearance in a particular subject or Act as the case may be and will be
categorized accordingly.

5. Applicants will be paid fees for appearance as per schedule of fees as


mentioned for respective court.

1. Selection Procedure :-
1. No candidate shall be called for the interview unless he / she satisfies the eligibility
conditions.
2. Merely fulfilling the eligibility criteria will not confer any right on a candidate to be
called for interview or selection.
3. MCGM reserves the right to shortlist the candidates to be called for the interview.
4. A list of shortlisted candidates with date, time and venue of the interview will be
displayed on the website portal.mcgm.gov.in
5. The candidate shall bring all the original documents at the time of interview.
6. Interview Board will also take in to consideration

a. Personality / Eligibility,
b. Legal Knowledge / Legal Aptitude,
c. Commitment / Spirit to work in the field of Legal Aid,
d. Regularity / Availability in the Courts.
7. The result of empanelment will be displayed on the website of MCGM
i.e portal.mcgm.gov.in

2. General Terms & Conditions :


1. An empaneled Junior & Senior Lawyers shall be empaneled accordingly for
respective courts as mentioned herein above and shall accept the work assigned to
him/her and shall not refuse to accept any work without any reasonable cause. Refusal
by any empaneled Junior & Senior Lawyer to accept any work without any reasonable
cause (e.g. on grounds of conflict of interest) may entail removal of such empaneled
Junior & Senior Lawyer from the panel.

2. An empaneled Junior & Senior Lawyer will not delegate cases and would himself /
herself deal with the same. He / She may have to co-ordinate and work with the
Designated Senior Counsels, if any, engaged in the case as well as with the Officers of
the MCGM. Necessary details of the concerned officer / department will be provided
by Legal Department at the time of assignment of brief / matter and thereafter the
concerned Junior & Senior Lawyer will have to independently contact the officer for
the instructions. The concerned Assistant Law Officer of Legal Department would take
efforts to provide at most assistance in the case.

3. A Junior & Senior Lawyer empaneled under these guidelines shall not be an
Employee of MCGM for any purpose and therefore, shall not be eligible for any
financial or other benefits available to MCGM's Employees, except for the fees as
scheduled in the present notice.

4. An empaneled Junior & Senior Lawyer shall maintain absolute secrecy and
confidentiality about the cases of the MCGM. An empaneled Junior Lawyer shall
maintain the said secrecy / confidentiality as required under the Act and Rules /
Regulations framed there under
under Junior Advocates Act, 1961.

5. An empaneled Junior & Senior Lawyer shall accept the terms and conditions of the
empanelment as determined by the MCGM from time to time.

6. An empaneled Junior & Senior Lawyer will have the right to private practice which
should not, however interfere with the efficient discharge of his/her duties as a Counsel
for the MCGM.

7. An empaneled Junior & Senior Lawyer shall not advise any party in or accept any
case against the MCGM in which he/she has appeared or is likely to be called upon to
appear for or advise or which is likely to affect or lead to litigation against the MCGM.

8. Empaneled Junior & Senior Lawyer will have to register himself / herself as a
Vendor of MCGM at his / her own cost for the purpose of payment of their services.

9. Allocation of matters/briefs to empanelled Lawyer is entirely at the discretion of


MCGM and shall be allocated categorized roaster .

10. Empaneled Junior and Senior lawyers shall not ask for allocation of brief as matter of
rights.
3. Tenure of Empanelment :
The empanelment will be for a period of three years or until further orders whichever is
earlier. Performance of empaneled Lawyers shall be reviewed on annual basis. However, on
completion of the term and satisfactory performance of an Lawyer, the empanelment may be
renewed for a period of another two years by the MCGM. MCGM reserves the right to
terminate the empanelment of any Lawyer at any time without assigning any reason thereof.

4. Scope of work for Empaneled Lawyer :


Junior & An Empaneled Lawyer will have to draft all necessary written statements
Senior replies, applications, submissions and conduct the matters in the respective
Court with drafting etc till final disposal of the matter. The fees paid for the
Lawyer
respective matter will be inclusive of the same.

5. Procedure for Empanelment :

1. MCGM will consider the applications for empanelment in terms of above


guidelines.
2. MCGM may consider the following points for Junior & Senior Lawyers
A. Length of practice and specialization.
B. Track record and integrity.
C. If considered necessary, an enquiry with the respective Bar Council/Bar
Association about the claims and conduct of the Lawyer to be empaneled
may be made and credentials may also be verified.
D. Proper and adequate infrastructure such as Office Premises, adequate Staff
and fax, mobile phone, fix phone, Internet connection etc.

6. Payment of Professional Fees payable to Counsel and Other Conditions :

1. While claiming fees, self attested computerized copies of the said order be
submitted for verification and necessary approval. The copies of Order /
Roznama shall be submitted with fees bill in the given proforma.
2. A hard copy of the Order / Roznama showing the presence of an Lawyer, obtained
from web site of the High Court or the concerned court shall be submitted for
verification of the bill and necessary approval.
3. If any dispute arises in respect of fees to be paid to Junior & Senior Lawyer, the
decision of the Municipal Commissioner shall be final and shall not be questioned
in any way.

7. Payment of Professional Fees payable to Designated Counsels in all Courts &


A.O.R. in Supreme Court :

All Designated Counsels as Senior Lawyers under Section 16 (2) of the Lawyers Act,
1961, Ex-Judge of Supreme Court, High Court, Attorney General of India, Solicitor General
of India, Additional Solicitor General of India, Lawyer General of State, Ex-Attorney General
of India, Ex-Solicitor General of India, Ex-Additional Solicitor General of India, Ex-Lawyer
General of State shall be engaged and assigned the matter in any Court as well as Advocate on
Record in Supreme Court shall be paid fees as marked by them.
All Junior / Senior Lawyers appearing before any court or Tribunal out side Mumbai
shall be assigned with the matter by sanction of Law officer & shall be paid fees as marked by
him/ her with the sanction of Joint / Deputy Municipal Commissioner of the Legal
Department. In case of additional of special sanction by Municipal Commissioner/ Addl.
Municipal Commissioner for any particular case, the fees shall be paid as sanctioned.

8. Documents required to be submitted by Junior & Senior Lawyers :

Lawyer will be required to submit his / her Application through Email and hard copy
of the same in the prescribed format as given in Annexure as mentioned below -

Self attested scanned copies of :-

For Junior Lawyers

1. Certificates in support of educational qualifications.


2. Certificate of Registration with Bar Council.
3. Photo Identity Card, Address Proof (as per KYC Norms)
4. Copy of order of minimum of Seven (7) cases appeared and conducted
independently before the High Court / City Civil Court . If the Applicants
have appeared in more cases, he/she will be given preference accordingly.
5. In the case of candidates applying for Magistrate court, copy of order of
minimum of five (5) cases appeared and conducted independently before
the Metropolitan Magistrate Court .

For Senior Lawyers

1. Certificates in support of educational qualifications.


2. Certificate of Registration with Bar Council.
3. Photo Identity Card, Address Proof (as per KYC Norms)
4. Copy of order of minimum of twenty (20) cases appeared and conducted
independently before the High Court / City Civil Court . If the Applicants
have appeared in more cases, he/she will be given preference accordingly.

9. Communication of Empanelment :

After a decision to empanel Lawyer is taken, a communication in writing to this effect


will be sent to shorlisted Junior & Senior Lawyer on his / her e-mail id.

10. Private Practice and Restrictions :

1. An Lawyer shall have the right to private practice which should not, however,
interfere with or be in conflict with the efficient discharge of his / her duties as an
empanelled Lawyer of the MCGM.
2. An Lawyer shall not advise any party or accept any litigation against MCGM.

11. Disablements:
Disablements:

Disablement on part of the Lawyer shall mean and include any of the following:

1. Giving false information in the application for empanelment;


2. Handing over the brief or matter to another Lawyer without prior written
permission of the MCGM;
3. Failing to attend the hearing of the case without any sufficient reason
and/or prior intimation;
4. Not acting as per MCGM’s instructions or going against specific
instructions;
5. Not returning the brief when demanded or not allowing or evading to allow
its inspection on demand;
6. Misappropriation of the MCGM’s funds;
7. Threatening, intimidating or abusing any of the MCGM’s employees,
officers, or representatives;
8. Making any of his associates or juniors to appear on behalf of any of the
opposite parties in cases/appeal related to MCGM;
9. Committing an act that tantamount to contempt of court or professional
misconduct;
10. As and when debarred by Bar Council;
11. Passing on information relating to MCGM’s case on to the opposite parties
or their Lawyers or any third party which is likely to cause any damage to
the MCGM’s interests;
12. Giving false or misleading information to the MCGM relating to the
proceedings of the case;
13. Seeking frequent adjournments or not objecting the adjournment moved by
other party without sufficient reason.
14. If performance of Panel Lawyer is found unsatisfactory or an Lawyer is
found to be guilty of charging or collecting or demanding any remuneration
from an aided person in any form or he / she contravenes the scheme of the
act, rules and regulations he / she can be removed from the panel and shall
also be liable for action for professional misconduct.
15. The MCGM reserves its rights to enlarge the scope of duty of Lawyers in
order to achieve the aims and objectives of MCGM.

Empanelment shall be liable to be canceled due to occurring of any of the above disablement
on the part of the Lawyer.
12. Doubt/ Difficulty :

If there arises any doubt / difficulty with respect to the implementation / interpretation of any
clause of these guidelines, the same shall be placed before Joint / Deputy Municipal
Commissioner (in charge of Legal Dept) MCGM and his / her decision in this regard shall be
final and binding.

MCGM reserves right to cancel the process of empanelment at any time without
assigning any reason.
Sd/-

Adv. Aruna K. Savla


Law Officer
FORMAT OF APPLICATION FOR EMPANELMENT AS
JUNIOR & SENIOR LAWYER

Application no.__________ Photo


(For Office use)

APPLICATION FOR EMPANELMENT AS JUNIOR & SENIOR LAWYER

1. Applicant's Name :
2. Father's/Husband's Name :
3. Date of Birth :
4. Age(as on 05/02/2020) :
5. Gender :
6. Residential Address :

7. Office Address :

8. Chamber Address (if any) :

9. Telephone No.(O) :
10. Telephone No.(R) :
11. Mobile No. :
12. Fax No. :
13. E-Mail ID :
14. PAN No. :
15. AADHAR No. :

16. Educational Qualifications :

Course Name of Board/University Year of Passing Obtained


Percentage
(Aggregate)
Graduation

Professional
Degree
(LLB) /( LLM)
Any other (if any)

17. Date of Enrollment as Lawyer :


18. Enrollment No. :
(Attach self-attested copy of enrollment certificate issued by Bar Council)
19. Standing in Bar / Experience :
(Duration of actual practice for
which applied)
(Attach an experience certificate issued by the Bar Association/Council)
(a) Total no. of cases handled :
(b) Nature of cases handled :
(Attach extra sheet, if required)

(c) Specialization if any :


(The details of a few important
cases, the Applicants have dealt
with / handled and reported
judgement if any.)

20. Whether Central / State Government or :


Government undertaking counsel / pleader
(indicate period)
21. Brief list of Clients i. e. Government / :
Organisations/ Commissions / PSUs / MNCs

22. The courts where the Applicants are regularly :


practising.
(Enclose Bar Association Membership Certificate)

23. Specify whether earlier remained on the panel of


MCGM Authority or any other Institution /
Government Department
(please tick in the concerned column)

If remained on the panel of MCGM Authority : YES NO

25. Whether any disciplinary case / Complaint was : YES NO


against the Applicants with any Bar Council /
MCGM.
If yes specify details with documents.

26. List of the documents to be attached in soft scanned format


For Junior Lawyer & Senior Lawyer

1. Self Attested copy of Certificates in support of educational qualifications.


2. Self Attested copy of Certificate of Enrollment issued by the Bar Council
under the Lawyer Act, 1961.
3. Self Attested copy of Photo Identity Card, Address proof (as per KYC
Norms)
4. Self Attested copy of ITR for last 3 years

Signature
DECLARATION

I hereby declare that all the statements made in this application are true, complete and
correct to the best of my knowledge and belief. In the event of any information being found
false/incorrect at any stage, my candidature is liable to be canceled. I have read and
understood the instructions and terms and conditions of the empanelment and agree to abide
by those. I declare that I fulfill the eligibility conditions for the category to which I am
seeking empanelment. I have not submitted any other application for empanelment, besides
the present one. I declare that I have never been penalized by any bar council in any
Disciplinary Proceedings. I also undertake to maintain absolute secrecy about the cases of
MCGM as required under the Act, Rules and Regulations there under. I agree with the Fee
Schedule and all the terms and conditions notified by MCGM.

Place :______________ Signature

Date :_______________
SCHEDULE OF FEES

Junior Lawyer
Panel Courts Admission Final Hearing
'A' High Court 40,000/- 50,000/-
Interim stage on Final Hearing
framing of issues
City Civil Courts, Small 35,000/- 40,000/-
Causes, Labour and Industrial
'B'
Court
Metropolitan Magistrate Courts 5,000/- 10,000/-
(Shindewadi, Dadar & Vile
'C' Parle) etc.

Senior Lawyer

Sr. Particulars Effective Non-


No Effective
1. Hearing at admission stage of Writ Petition, First Appeal,
Revision Application, Appeal from Order, Notice of
Motion, Chamber Summons & Other Miscellaneous
Applications.
50,000/- 50% of
the
effective
for 2 non-
effective
hearing
2. Final hearing 75000/- 50% of
the
effective
for 2 non-
effective
hearing
3. Conference 7500/-
4. Opinion 10,000/-

Sd/-
Adv. Aruna K. Savla
Law Officer
SCHEDULE OF FEES OF JUNIOR & SENIOR LAWYERS FOR DRAFTING

Payment of fees will be inclusive for drafting any applications, submissions etc in
respect of assigned matters. However, in cases where the matter is assigned exclusive for
drafting the following schedule of fees shall be applicable.
Panel Court Application (N.M./Ch.S./E.T.C.) Appeal / Petition /
S.L.P.
Junior High Court 25,000/- 50,000/-
Lawyer
City Civil Courts, 20,000/-
Small Causes,
Labour and
Industrial Court
Metropolitan 10,000/-
Magistrate Courts
(Shindewadi, Dadar
& Vile Parle) etc.

Senior High Court 50,000/- 75,000/-


Lawyer
City Civil Courts, 40,000/-
Small Causes,
Labour and
Industrial Court
Metropolitan 30,000/- 40,000/-
Magistrate Courts
(Shindewadi, Dadar
& Vile Parle) etc.

ARBITRATION
In case of any Arbitration proceedings before Arbitrator, the fees of Arbitrator as submitted
by him/her and the schedule of fees as submitted by the Senior Lawyer and/or Junior lawyer,
duly sanctioned by the Jt. MC/ DMC of the respective department or Ward, shall be paid
accordingly.

Sd/-
Adv. Aruna K. Savla
Law Officer

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