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December 07, 2018

Supreme Court issues Notice on Lawyers’ Chambers (Allotment and Occupancy) Rules


Supreme Court

The Supreme Court recently issued a Notice with regard to the Allotment of Lawyers’ Chambers Rules (As amended up to November 20, 2018).

The Notice states the following:

1. These Rules shall be called Lawyers’ Chambers (Allotment and Occupancy) Rules.

2. Allotment of Chambers shall be made by a Committee appointed by the Chief Justice of India and all such allotments shall be subject to the approval of the Chief Justice of India.

3. Allotment shall be made to such advocates of the Supreme Court as are members of the Supreme Court Bar Association who regularly practice in the Supreme Court and who reside in Delhi or New Delhi and the areas nearby, namely, Noida, Greater Noida or Ghaziabad in Uttar Pradesh, Faridabad or Gurugram in Haryana.

4. Allotment of Chambers to applicants, who are members of the Supreme Court Bar Association, shall be made in the following order:

(i) Advocates-on-Record who are regularly practising in this Court;

(ii) Non Advocates-on-Record resident in Delhi/New Delhi and the areas nearby, namely, Noida, Greater Noida or Ghaziabad in Uttar Pradesh, Faridabad or Gurugram in Haryana, and who are mainly and regularly practising in this Court; and

(iii) Senior Advocates resident in Delhi/New Delhi and the areas nearby, namely, Noida, Greater Noida or Ghaziabad in Uttar Pradesh, Faridabad or Gurugram in Haryana, and who are mainly and regularly practisng in this Court.

Provided, however, that allotment shall be made in accordance with the roster maintained in the following order: The first four vacancies be allotted to Advocates-on-Record; the fifth vacancy to the Non Advocates-on-Record; sixth, seventh, and eighth vacancies to Advocates-on-Record; ninth vacancy to the Non Advocates-on-Record; and tenth vacancy to Senior Advocates and the cycle shall be repeated in the above order.

5. At the time of allotment of Chamber/Cabin, the allottee shall have to deposit a sum of Rs. 4,000/- as security amount or such other amount as may be fixed from time to time. The amount shall be paid either in cash or by pay order/demand draft drawn on a local bank in favour of the Deputy Registrar (Admn.), Supreme Court of India. When allotment is made, the said amount shall be credited to Government account as security deposit.

6. Two advocates shall be allotted a single chamber in the old lawyers chambers blocks as also the bigger size Chambers viz. Chamber Nos. 129, 229, 329, 422, and 422A in the new lawyers chambers building, and on such allotment being made, each allottee shall be individually responsible to pay the licence fee according to his share, electricity charges according to consumption, and water charges as fixed from time to time. However, where there are more than two allottees in a Chamber, they will continue to be jointly and severally responsible for payment of licence fee, electricity charges, and water charges.

Provided, however, that if the allotment in respect of any one of the joint allottee is cancelled or terminated under these rules, another advocate out of the approved panel strictly on seniority basis shall be allotted the said portion of the Chamber.

7. Where a Chamber has been exclusively allotted to a single advocate in old chambers blocks, he may, if so desire, choose another advocate out of the approved panel as a joint allottee.

Provided, however, that if the allotment in respect of any one of the joint allottees is cancelled or terminated under these Rules, another advocate out of the approved panel strictly on seniority basis shall be allotted the said portion of the Chamber.

7A. The advocates eligible for allotment whose spouses are in occupation of a Chamber or part of it in the old lawyers chambers blocks or in the High Court will get a cabin admeasuring 6.21 sq. meters instead of a full Chamber. If an advocate is an allottee of a Chamber in the Delhi High Court, he may be allotted a Chamber/Cabin in the Supreme Court on the condition that he will have to surrender the Chamber allotted in the Delhi High Court, and if the husband or the wife is an existing allottee of a full Chamber, then the spouse shall not be given any fresh allotment.

7B. In case of death of an allottee of a Chamber, his son/daughter/spouse, if an advocate, may be allotted the said portion of the Chamber if the Allotment Committee is satisfied that such person is practising in the Supreme Court. However, if the single allottee dies, his son/daughter/spouse, if an advocate, may be allotted only one half of the Chamber and not the whole.

8. Licence fee for each Chamber shall be such amount as may be fixed by the Government of India from time to time. The aforesaid licence fee is exclusive of electricity, water, and other charges, if any.

9. The licence fee and other charges shall be payable also for the period during which the Court remains closed.

10. In addition to the monthly licence fee, electricity, water, and other charges as may be fixed from time to time are payable by the allottee/allottees.

1OA. The advocates who are allotted Chambers/Cabins shall, in addition to the licence fee, pay every month such service and maintenance charges as may from time to time be decided by the Hon’ble Chief Justice of India and also deposit service and maintenance charges for six months as advance deposit at the time of allotment.

11. The allottee or allottees to whom a Chamber has been allotted as aforesaid shall not use or cause or permit to be used the said Chamber in any other way than as a Lawyers’ Office.

12. The licence fee for each month shall be payable in advance by the seventh day of each month in cash or by a crossed cheque drawn on a local Bank in favour of the Deputy Registrar (Admn.), Supreme Court of India.

13. No allottee or allottees of a Chamber shall transfer, assign, or sub-let the allotment in favour of any other person; nor shall such an allottee or allottees share the allotment with any other advocates.

14. No allottee or allottees in respect of a Chamber shall at any time during the continuance of the allotment carry out or cause to be carried out any construction work therein or any addition or alteration thereto without prior permission of the Chief Justice of India.

15. The allottee or allottees in respect of a Chamber shall during the pendency of the allotment be responsible for the proper maintenance of the Chamber and in accordance with municipal and sanitary regulations which may be applicable.

16. The allottee or allottees in respect of a Chamber shall during the pendency of the allotment be responsible for any damage caused thereto or to service provided therein beyond fair wear and tear and act of God.

17. No such allottee may use his Chamber before 7.30 A.M. or after 9.00 P.M. any day.

18. The Chief Justice may in his discretion cancel any allotment where an allottee infringes any condition of allotment or violates any rule governing the allotment or for any other reason.

19. The allotment shall be effective from the date on which the Chamber is made available for occupation pursuant to an order of allotment.

20. The allotment shall terminate:

(a) On its cancellation by the Chief Justice of India
Or
(b) On its surrender by the allottee concerned.
Or
(c) On the allottee failing to pay the licence fee and other charges for the two successive months.
Or
(d) On the allottee ceasing to be a member of the Supreme Court Bar Association
Or
(e) On the allottees’ name being removed from the Roll of a State Bar Council.
Or
(f) On an allottee of a Chamber not complying with the orders of the Allotment Committee, as approved by the Hon’ble Chief Justice of India.
Or
(g) On the death of an allottee
Or
(h) On the allottee being elevated to the Bench of the High Court/Supreme Court;

Provided, however, that the allottees’ name shall be put first in the respective category of the waiting list, if such member on his/her retirement joins back the practice and is made active member of Supreme Court Bar Association on his/her application for allotment.

20A. If the allotment is cancelled or terminated under these Rules, the allottee, heirs of the deceased allottee, or other occupants occupying the Chamber shall vacate the Chamber within a period of 60 days from the date of cancellation/termination of the allotment, as the case may be and the occupation of such a Chamber beyond the period of 60 days will be treated as unauthorized occupation and a penal/market rent as may be fixed from time to time shall be charged, apart from such other action as the Chief Justice of India may direct to be taken in the matter.

The allottee may, if he so desires, make representation to the Allotment Committee against the order of cancellation or termination of his allotment, but such representation shall not entitle the allottee to continue in occupation beyond the period of sixty days.

21. An allottee shall not install in the Chamber any additional electric appliances without the prior permission of the Chief Justice of India.

22. The Chief Justice of India may grant permission to an allottee to install and use in the Chamber any additional electric appliances such as air-conditioner or electric heaters, on such conditions regarding payment of electricity and other charges as may be determined by him.

23. The Chief Justice of India may from time to time make such amendments and additions to these Rules as may be necessary and expedient.

24. If any question arises as to the interpretation of these Rules, the decision of the Chief Justice of India shall be final.

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