Revision in Terms & conditions of appointment including Fees & allowances for engagement of Special Public Prosecutors (SPPs) for CBEC before subordinate courts/courts of Session & High Court

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..../Courts of Session & High Court - regarding. Sir/Madam, I am directed to convey the approval of the Ministry to the revision of the present terms and conditions (including fees and allowances of Special Public Prosecutors(SPPs) for CBEC before Subordinate Courts/Courts of Session & High Court on the following lines: 2.A) Terms of Appointment/Extension of Tenure The term of Appointment of the Special Counsel will be for a period of three years from the date he actually takes over charge. The appointment can be renewed for another terms of three years on satisfactory performance. B) · Termination of Appointment The appointment of the counsel shall be terminated without assigning any reasons, by the Govt. or by the counsel....

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....ned and adjourned or only. directions are given, or only judgment is delivered by the Court, it would not constitute an effective hearing but will be termed as 'non-effective hearing'. m Other Fee & Allowances - Applicable for all Courts (i) Out of Headquarters: When the counsel is required to go out of headquarters in connection with any litigation matter eg for conference with the law officer or for appearance in any court out side the Headquarters., he will be entitled to daily fee of Rs.400/- per days of his absence from the headquarters including the day of departure including holidays and till his arrival back at the headquarters. However no fee will be paid for the days of departure if he leaves headquarters after court hours a....

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....e case while presenting the final bill. . (vii) : The 25% of the fee payable to the Counsel shall be deducted if the certified copy of the judgment in cases of acquittal is not handed over to the Concerned office of Customs/Central. Excise/Directorate of Revenue Intelligence/Central Excise Intelligence within ten days (excluding the time taken by the Courts) from the date of the judgment for ensuring speedy disposal of such cases. 3. . The appointment of aforesaid advocates. as Special Prosecutors shall be subject to the following terms & conditions: (a) The Counsel will not be paid any retainer/monthly remuneration. (b) The Counsel shall maintain a record of all the cases entrusted to him pending with or before the Sessions Cou....

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....erform all other duties of legal nature, which may be assigned to him by the officer of the concerned officers of Customs/Central Excise/Directorate of Revenue Intelligence/Central Excise Intelligence relating to the cases assigned to him. (k) The Counsel shall immediately apply for certified copy of the judgment in case of acquittal. After obtaining the certified copy of the judgment/order he should immediately sent the same to the concerned officers of Customis/Central Excise/Directorate of Revenue Intelligence/Central Excise Intelligence alongwith, his comments and suggestions for the future course of action. (1) If any misc. application is filed in the court by the accused persons the Counsel should seek instructions from the offi....