Empanelment Of Advocates 2023 Notification
No.ACC(AP)/ZO(VJA)/Empanelment of Advocates/2023/ Date: 12.05.2023
NOTICE INVITING APPLICATIONS FOR EMPANELMENT OF ADVOCATES
FOR NCLT, AMARAVATHI AND LOWER COURTS LOCATED IN THE
ERSTWHILE DISTRICTS OF SRIKAKULAM, KURNOOL, KADAPA, AND
NELLORE
Employees’ Provident Fund Organisation, Zonal Office, Vijayawada (herein after
referred to as “EPFO”), on behalf of the Central Board of Trustees, Employees’
Provident Fund Organisation, a statutory body of the Ministry of Labour &
Employment, Government of India, proposes to engage Panel Counsel(s) to
represent the ofces of Central Board of Trustees, Employees’ Provident Fund
Organisation, situated in the state of Andhra Pradesh before NCLT-Andhra
Pradesh located in Amaravathi and other lower courts situated in the districts of
Srikakulam, Kurnool, Kadapa & Nellore.
The practicing advocates who are registered with Bar Council of
India/State Bar Council are eligible for empanelment. The qualifcation,
experience, schedule of fees, other terms and conditions and the application
format in which the application has to be made, have been prescribed. It is
mandatory that advocate applying for NCLT located at Amaravathi should
necessarily be residing in Vijayawada or Guntur. Similarly, the advocates
applying for lower courts for a particular district as indicated above shall
necessarily be residing within that District / District Headquarters.
Eligible practicing advocates must submit application in the format
prescribed in Annexure “A” and Annexure “B” enclosed herewith, along with all
supporting documents in a sealed envelope to:-
The Additional Central Provident Fund Commissioner
Employees’ Provident Fund Organisation,
D.No.26-4-16, 17, 2nd Floor, Gnanolive Street,
Gandhi Nagar, Vijayawada – 520 003.
Phone : 0866-2576700
The envelope should be superscribed as follows :-
“Application for Empanelment of Advocate for NCLT-Andhra
Pradesh located in Amaravathi
“Application for Empanelment of Advocate for other lower courts
situated in Srikakulam, Kurnool, Kadapa, & Nellore”
The last date of receipt of Applications in the prescribed format along with
supporting documents is 15.06.2023.
Application for empanelment at EPFO does not confer any right/assurance
whatsoever, to an applicant that he/she will be empanelled on the panel of EPFO.
Letters to advocates confrming their empanelment will be issued by EPFO
separately.
GUIDELINES FOR EMPANELMENT OF ADVOCATES
Following guidelines are designed to provide and regulate the manner and
procedure for empanelling the advocates to represent and assist EPFO before
various courts and for regulating the referrals of the cases and payment of
fee/remuneration. These guidelines shall supersede all existing instructions in
this regard, if any, and is subject to change without assigning any reason.
- Eligibility of Empanelment
Before fling the application form, the candidates are advised to carefully
read and follow the eligibility criteria, instructions and terms and
conditions for empanelment of advocates in EPFO mentioned herein
below:
Qualifcation and experience for conducting cases :-
i) Be enrolled/registered as an advocate with the State Bar Council.
ii) Have a minimum, relevant experience of Ten years of handling Civil,
Criminal, Service, Labour, Arbitration matters with a fair knowledge of
labour laws with special reference to Employees’ Provident Funds and
Miscellaneous Provisions Act,1952 (EPF and MP Act, 1952).
- Tenure of Empanelment :
The initial empanelment will be upto the period ending 31.03.2025.
Performance of empanelled advocates shall be reviewed at regular interval
for continuance in the panel of Advocate. - Payment of Fee and other conditions :
(i) The fee payable to the Advocates shall be governed by the Schedule of
fee annexed herewith as amended from time to time”.
(ii) The Competent Authority shall have the right in exceptional cases to
approve the payment of a higher fee than the fee mentioned in the
annexed schedule keeping in view the importance of the matter and
the eforts put in by the advocate in a particular case.
(iii) No retainer fee shall be paid to any panel Advocate merely because
such advocate has been empanelled.
- Procedure of Empanelment :
a. The applicant advocate must apply on the format prescribed by the EPFO
only. No other format will be entertained.
b. An applicant advocate willing to be empanelled for more than one forum
(i.e. NCLT, Amaravathi, and lower courts etc.) may apply separately for
each forum in separate envelope superscribed as mentioned supra.
c. Any application received after the last date prescribed in the
advertisement shall not be entertained.
d. No applicant advocate shall be called for interview/interaction unless
he/she satisfes the eligibility conditions and is shortlisted for the same.
e. Depending upon the requirement and number of applications received,
EPFO reserves the right to shortlist the candidates to be called for
interview/interaction and to be empanelled.
f. Merely fulflling the eligibility criteria will not confer any right on an
applicant advocate to be called for interview/interaction and to be
selected.
g. The decision of the competent authority regarding short listing and
selection of the candidates shall be fnal.
h. Canvassing in any form shall be treated as a disqualifcation. The
candidature of such applicants shall be cancelled forthwith.
i. A list of shortlisted applicant advocates with the date, time and venue of
Interview will be uploaded on our website i.e. www.epfndia.gov.in
j. The applicant advocate shall bring original documents at the time of
interview.
k. The list of selected advocates will be made available on EPFO website
www.epfndia.gov.in Letter to applicant advocates confrming their
empanelment will be issued by EPFO separately.
- Duties of the Empanelled Advocates :
a) The Advocate shall not advise any party or accept any case against the
EPFO in which he/she has appeared or is likely to be called upon to appear
for or advise which is likely to afect or lead to litigation against the EPFO.
b) Timely appearance of the Counsel to contest the cases for EPFO in the
Court is a must. His/her absence in the Court, without any reasonable
ground and notice in advance, will not be accepted.
c) EPFO sends the information to the panel advocates through email
regarding entrustment of a case and after receiving the e-mail, it is duty of
the panel Advocates to collect the brief/copy of petition along with
assignment letter from the concerned ofce of EPFO at the earliest.
d) EPFO is free to engage any advocate of its own choice and an empanelled
Advocate shall make no claim that he/she alone should be entrusted with
EPFO’s legal matter(s).
e) Refusal by any advocate to accept any work without any reasonable cause
(e.g. on grounds of confict of interest) may entail removal of such
advocate from the panel, forthwith without waiting for the empanelment
period to expire.
f) The advocates shall accept the terms and conditions of the empanelment
as determined by the EPFO from time to time.
g) In order to ensure that there is efective check on the cases being
conducted, the Advocates on the panel must report the status of the cases
after each date of hearing. Failure to submit status report will be a ground
for removal of the name of the lawyer concerned from the panel.
h) In cases where on the request of the Union of India, Ministry of Labour &
Employment have also to be represented, no extra fee shall be paid to the
advocate to watch and safeguard the interest of Union of India, Ministry of
Labour & Employment.
i) If required, render all assistance to Special or Senior Counsel engaged in
particular cases before the Supreme Court, High Court and other judicial
bodies.
j) Keep EPFO informed and updated on all-important developments in the
designated cases, dates of hearing, order of the court on the date of its
pronouncement, supplying copy of orders/judgment etc.
k) Furnish monthly statement about the cases represented by him/her before
the NCLT or any other authority and their outcomes.
l) When any case attended by him/her is decided against the Organisation,
the Advocate concerned must give considered opinion regarding the
reasons for such adverse order and the advisability of fling an appeal
from such a decision not later than 5 working days of the order (kuchha
copy).
m) 30% of the fees payable to the counsel shall be deducted if the certifed
copy of the judgment is not handed over to the Legal cell of EPFO within
three days (excluding the time taken by the Court in preparation of the
copy) from the date of judgement.
- Removal from Panel:
EPFO reserves the right to terminate the empanelment of a Counsel with one
month’s notice in writing without assigning any reason. The counsel may also
resign from the Organisation by serving one month’s notice.
Empanelment shall be liable to be cancelled due to occurring of any of the
following disablements on the part of the Advocate.
(i) Giving false information in the application for empanelment;
(ii) Failing to attend the hearing of the case without any sufcient reason
and/or prior information.
(iii) Not acting as per EPFO’s instructions or going against specifc
instructions;
(iv) Threatening, intimidating or abusing any of the EPFO’s employees,
ofcers, or representatives;
(v) Passing on information relating to EPFO’s case on to the opposite
parties or their advocates or any third party which is likely to cause any
damage to the EPFO’s interests;
(vi) Giving false or misleading information to the EPFO relating to the
proceedings of the case; and
(vii) Seeking frequent adjournments or not objecting the adjournment
moved by other party without sufcient reason.
(viii) Frequent absence from the court proceedings even if “pass over” or
“proxy” is obtained by an advocate.
- DOCUMENTS TO BE SUBMITTED BY THE ADVOCATE ALONG WITH
THE APPLICATION:
(i) Copy of Law Degree and other qualifcations;
(ii) Copy of Registration Certifcate issued by the Bar Council;
(iii) Copy of Identify Card issued by the Bar Association;
(iv) Copy of ID Proof;
(v) Copies of 10 judgements where the Advocate has appeared a
pleader;
(vi) Copies of Empanelment Letter issued by other Authorities / entities
in favour of the Advocate;
(vii) Resume with a brief profle of experience, background, education,
list of Clients and nature of cases dealt with;
(viii) Two recent coloured passport size photographs; and
(ix) Copy of Income Tax Returns for last two fscal years.
(x) DESIRABLE: Advocates having Company Law and practicing
Company Law related cases on real-time basis are given
preference for empanelment under NCLT, Amaravathi.
This issues with the approval of ACC (AP).
(ससुब्रत कसु ममार्र/SUBRATA KUMAR )
ककतत् भववि्यननयनधध आ्सुु – I REGIONAL PF COMMISSIONER I / –
आआंचयनलिक कमा्मारलि्::ववज्वमाड़मा/ZONAL OFFICE VIJAYAWADA
TO:
The Web Admin … With a request to upload on EPFO Web portal.
| APPLICATION DOWNLOAD | DOWNLOAD HERE |
| NOTIFICATION | DOWNLOAD HERE |
