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The Appointment of State Defence Counsel Rules, 1974
Published vide Notification No. S.R.O. 612/74, dated the 18th July, 1974 Published vide Orissa-Gazette, Part 3 of 1974
or043
(a) he has been in practice as a lawyer for not less than 7 years; or
(b) he had been a member of Judicial Service of the State for not less than 7 years :
Provided that in computing the period of service as aforesaid, the period of practice as a lawyer shall be taken into account.] [(2) A person shall be eligible for inclusion in the panel of State Defence Counsel in Magisterial Courts only, if-(a) he has been in practice as a lawyer fog not less than 5 years or;
(b) he had been a member of Judicial service of the State for not less than 5 years.]
7. Court of Session [or a Criminal Court] shall not, so long as a panel of lawyers is available, appoint an outsider as State Defence Counsel- Resignation - (i) Any person in the panel may render his resignation in writing to the Sessions Judge. Filling up vacancy - (ii) Any vacancy in the panel caused by resignation or otherwise may be filled up by the Sessions Judge. Penalty for negligence or refusal to accept any engagement- (iii) If . any person after having agreed to serve in a panel neglects or refuses to accept an engagement without any reasonable cause his name will be struck off the panel. Removal from panel -(iv) If any counsel after accepting any engagement neglects or refuses to discharge his duties properly, his name may be struck off the panel. [8. Time for appointment. - The appointment of State Defence Counsel shall be made sufficiently ahead of the commencement of the trial. The concerned Magistrates shall make the appointment from out of the panel prepared by the Sessions Judge under Rule 5 for that station.] 9. Supply of brief. - The State Defence Counsel shall be furnished with a brief of the case free of cost seven days before the commencement of the trial. If after appointment of State Defence Counsel, the accused appoints another Counsel, the appointment of State Defence Counsel shall cease and the brief prepared for the State Defence Counsel shall be made available to the counsel privately engaged by the accused. 10. Grant of free copies. - No fees are to be required or paid for searching for or copying papers wanted by the State Defence Counsel for the purposes of defending the accused in the case. [11. Fees of Defence Counsel. - The daily fees of the State Defence Counsel in sessions, and criminal cases shall be the same as that of a Public Prosecutor or Assistant Public Prosecutor, as the case may be, as fixed by the State Government from time to time.] 12. Fees when employed outside headquarters. - The fees of the State Defence Counsel, when employed outside their usual headquarters shall be double the usual daily fees at the headquarters. 13. Fees during halt on holidays. - The daily fees at the headquarters shall ordinarily be allowed to the State Defence Counsel for the days of necessary halt at intervening holidays, during the absence from headquarters. [14. The State Defence Counsel shall not be entitled to any fee on dates when cases are adjourned without hearing but half fee may be admissible when he attends the Court to hear the Judgement pronounced or for all unexpected adjournments of a case and for putting appearance in interlocutory matters including hearing of bail applications.] 15. Travelling allowance. - The State Defence Counsel shall be entitled to travelling allowance at the rate admissible to public prosecutors. 16. Separate Defence Counsel for separate accused when necessary. - If a State Defence Counsel has to be engaged for several accused persons and their respective defences are such that it appears to be undesirable to entrust the defence of all the accused persons to a single counsel as many pleaders may be appointed for the defence, as the necessity, of the case seems to require : Provided that a single defence counsel shall be appointed for more than one accused unless their is conflict of interest.
