Amended
Amended
Amended
Corporate Office, 2nd Floor, Speed Post Centre, Bhai Veer Sing Marg, Market Road,
New Delhi- 110001
SD-
Davesh Kumar Shukla
DGM-Legal
ANNEXURE-1
India post Payments Bank Ltd.(IPPB) shall empanel Advocates for it’s Corporate Office,
Circle Offices and Branches. The Advocates willing to get empaneled and committed to
the terms and conditions herein under shall submit the applications to IPPB. The
Advocates already empaneled by the Bank, shall continue to remain on the panel of the
Bank until depaneled or otherwise or until the Advocates himself is willing to surrender
the empanelment. The terms and conditions for empanelment are as follows:
(a) Eligibility: - Person(s) who are enrolled as advocate with respective Bar Councils are
eligible to apply for the Empanelment by the Bank, if he/she satisfies the following: -
(i) He/she must have a valid enrolment and license for practice in respective Bar
Council.
(ii) He/she should have an office at the place where the empanelment is sought.
(iii) He/she should not have been depanelled by any Bank, RBI, IBA, Government
Departments and organization and /or other institutions due to non-
performance, preceding the empanelment by the Bank.
(b) Preference: - The advocates already empaneled with any Public Sector Bank shall
be preferred.
(c) Application Form: - The format for empanelment of the advocate is enclosed herewith
as Annexure-A. The eligible advocate who wishes to be empaneled shall submit the
application in the prescribed format to the Corporate Office, or Circle Office or Branch.
Such application shall be neatly typed and signed by the advocate in all the pages. The
application form submitted by the advocate are not in conformity with the aforesaid format
shall not at all be entertained. The advocate shall submit certified copies of the following
documents along with application form:
Note: This guidelines is only for empanelment of Advocates and not Law Firms.
2. Process of Empanelment of Advocates:
d) The Corporate Office( legal department ) /Circle Office, shall assess the
requirement for empanelment of Advocates. Accordingly, the eligible advocates
should be recommended for empanelment and sent to Legal department at
Corporate Office.
Note: The Advocate possessing higher experience and working with one or
more Public Sector Bank shall be given due weightage for empanelment in
following sequence /order:
f) After the empanelment of the Advocate is finalized, the Circle Office shall be
duly informed the same by the Legal Department at Corporate Office and the
respective Circle Office, should circulate the list of panel to all the branches
within a reasonable period.
(a) On receiving the applications from the Advocates by the Corporate Office(Legal
Department)/ Circle Office, Manager Legal at the Corporate Office or Circle
Head(AGM or in his absence Chief Manager ), as per their requirement, shall
recommend the Advocates eligible for empanelment to the Legal Department at
the Corporate Office.
(c) If there are sufficient number of advocates empaneled at the Corporate Office or
Branches and /or applications are not called for empanelment, Corporate
Office(Legal Department)/ Circle Office shall not entertain the applications so
submitted.
(d)The above mentioned committee shall be the sole Authority to empanel the
eligible advocates as recommended by the Corporate Office(legal Department) or
respective Circle Office and the decision of the committee shall be final. The
decision/minutes of the said committee shall be preserved by the Legal
Department at Corporate Office.
(e) If in the opinion of the above mentioned committee, it is expedient and necessary
to empanel any advocate for the interest of the Bank, they may at their own
discretion empanel the Advocate
4. PREPARATION OF LIST: -
I. The Corporate Office/Circle Office/ Branch, shall keep a list of the advocates.
III. The panel of the advocates are to be arranged District wise so as to enable the
Branches easily to identify suitable advocates available from the locality.
5. DISTRIBUTION/ALLOCATION OF WORK:
(a) The Panel advocates should not be allowed to use Bank's name, symbol, logo
and other intellectual properties of the Bank under any circumstances.
(b) He/she shall accept the briefs and Cases assigned by the Bank and shall not be
selective.
(c) He/she shall abide by all the terms and conditions determined/to be determined
by the Bank from time to time, in respect of empanelment, allocation of the work.
review of performance, schedule of fees payable by the Bank, monitoring of suit
filed and decreed etc,
(d) He/she shall observe high professional standard and integrity and shall be
efficient in handling the case(s) assigned by the Bank independently.
(e) Inclusion of name in the Bank's panel shall not constitute an appointment or a
right for an appointment to be made by the Bank and/ or for allotment of
cases/matters.
(f) The panel advocates and their Juniors shall not appear/advice against the Bank
under any Circumstances.
(g) If the Corporate Office/Circle Office /Branch is of the view that meeting of the
empaneled Advocates is necessary and expedient in the interest of the Bank,
they may convene the meeting and necessary instructions may be given to them
(h) The panel advocate shall send monthly reporting of the cases entrusted with him
to the Corporate Office/Circle Office/Branch. However, wherever required the
advocate shall make day to day reporting of the proceedings of the cases to
Corporate Office/Circle Office/Branch. It the panel advocate has failed to make
the day to day reporting of the cases, or wherever required day to day reporting
of the proceedings of the cases entrusted with him, the Corporate Office(legal
department)/Circle Office may consider this aspect while reviewing the
performance and may recommend depanelling him on this ground. The panel
advocates should be advised accordingly.
(a) The Corporate Office/Circle Office under whose jurisdiction, the Advocate is
empaneled, shall review the performance of the advocate at least once in a year.
(b) The exercise of Review shall be completed by November (month) of every year.
(c) For the purpose of reviewing the performance of the panel advocate the Legal
Department at the Corporate Office and the respective Circle Office shall review
the performance of the Advocates in the format enclosed herewith as Annexure-
C and shall retain the same with them. Further a list of Advocates, stating those
recommended to be depanelled shall be prepared by Corporate Office(legal
department) /Circle Office, and the Circle Office shall send the above mentioned
list of advocates recommended to be depanelled , to the Corporate Office(legal
department). The Corporate Office(Legal department ) shall place the above
mentioned lists before the Committee (as mentioned above) for taking decision
on depanelment of the Advocate(s)
8. The parameters for reviewing the performance of panel Advocates:
9. Depaneling of Advocate:
(a) If the performance of the panel advocate(s) is not satisfactory upon review, the
aforesaid committee may depanel any of the existing advocates.
(b) If the advocate hires such person as his Junior or Associate who is depanelled
by any Bank, then the Bank shall immediately advise them not to admit him as
his junior or associate for continuing them in the Bank's panel, the above
mentioned committee may depanel such Advocate.
(c) In the event the empaneled advocate has committed severe professional
misconduct or has indulged in any act causing loss to the Bank including
facilitating fraud, the above mentioned Committee may immediately depanel
the advocate by recording the reasons thereof, even without waiting for the
review of his performance. The Legal Department shall inform the same to the
respective Circle Office and the Circle Office, shall immediately communicate
the Branches of the same and the matters entrusted to the depaneled advocate
shall immediately be transferred to the other advocate on panel.
(d) If the license of practice of the panel advocate by the concerned Bar Council
is cancelled/suspended for any reasons, above mentioned Committee may
immediately depanel the advocate and the matters entrusted to the depaneled
advocate shall immediately be transferred to the other advocate on panel.
(e) In the event any of the advocate is depaneled, the Circle Office, shall do the
following: -
i Circulate the details of such depanelment among the branches under its control.
ii Ensure that no further cases/matters are entrusted with such advocate.
iii Take back all the brief/suits and matter entrusted with him immediately. Thereafter
the same shall be distributed among other advocates on the panel.
10. Review at Corporate Office Level:
The charges payable to the empaneled advocate of IPPB shall be as per Annexure-
1.
Kindly Note:
Note: It is advised to take prompt legal work from the Advocates and make prompt
payment to them.
Important: the fees schedule as mentioned in Annexure-1, is not final and may be
amended from time to time as decided by the above mentioned committee.
Annexure-1
Issuance of Legal
Notice
_______________________________
3.
A. Format notice
Rs.150/-+ postal charges
B. Detailed/specific Rs. 500/- + postal charges + typing
Notice charges Rs.20/per Page
Rs.4000/- clerkage + typing Rs. 20/- per
page + actual expenses if any
Civil/Criminal Note: 50% of Lawyers Fee will be paid at
Suits(filed by the bank the time of filing of suits, 25% at the time
4. of Arguments and the rest 25% amount
or against the Bank) at will be paid after obtaining copy of
lower court certified Decree if the case is contested. If
case is not contested or Ex-Parte only
50% of prescribed fee will be payable.
b) Address:
i. Chamber/Office:
ii. Home:
i. Chamber/Office:
ii. Home:
d) Age
e) Date of Birth
Enclosures:
A) In case of Advocates:
The CHRO/CEO,
Corporate Office.
Note: The same has to be prepared in the above format in the excel sheet , and the
details of each advocate shall be written separately.
Enclosure: As stated above AGM(Circle)/Chief Manager (Circle) /Manager-Legal
Date:
Name of office:
ANNEXURE-C
Feedback form for Corporate Office/Circle Office
entrusted to him.
Number of cases lost by the Bank and amount
8.
during year.
Whether there is any lack of interest of the
9.
advocate in conducting the Cases.
10. Willful delay in conducting the cases.
Whether Inflated professional fees, and charges
11.
billed to the Bank. (Details)
Note: The Corporate Office/Circle Office/Branches and in the absence of Circle Office, Branch
Manager/Branch Head of the Circle located Branch of the respective Circle Office are advised to report
details of all the empaneled advocates on separate sheet in the above format only.
Legal
ANNEXURE-LF
India post Payments Bank Ltd.(IPPB) shall empanel Law Firm for it’s Corporate
Office . The Law Firm’s willing to get empaneled and committed to the terms and
conditions herein under shall submit the applications to IPPB. The law Firms already
empaneled by the Bank, shall continue to remain in the panel of the Bank until depaneled
or otherwise or until the respective Law Firm is willing to surrender the empanelment The
terms and conditions for empanelment are as follows:
(a) Eligibility: - The Law Firms duly registered or having duly registered partnership
deed under the laws of India are eligible to apply for the Empanelment at the
Corporate Office/Circle Office by the Bank, if they satisfy the following:-
(i) The Law Firm must be duly incorporated i.e must have a Certificate of
incorporation or registered partnership deed.
(ii) All the partners and associates of the Law Firm who shall coordinate with
the Bank shall be duly enrolled with respective Bar Council.
(iii) It should have an office at the place where the empanelment is sought.
(iv) None of its partners or associate should have been blacklisted by any Bank,
RBI, IBA, Government Departments and organization and /or other
institutions
(v) None of its partners or associate should have been depaneled by any of the
Banks, preceding the empanelment by the Bank.
(vi) It should not be defaulter of any Bank/ Financial Institution.
(b) Preference: - The Law Firm already empaneled or associated with Public Sector
Bank shall be preferred.
(c) Application Form: - The format for empanelment of the Law Firm is enclosed
herewith as Annexure-A. The eligible Law Firm who wishes to be empaneled shall
submit the application in the prescribed format to the Corporate Office at the
address provided at Annexure -. Such application shall be neatly typed and signed
by the Partners/Associates of the Law Firm, in all the pages. If the application
form submitted by the Law Firm are not in conformity with the aforesaid format
shall summarily be rejected and the it shall be advised to submit the same in the
said format. The Law Firm shall submit certified copies of the following documents
along with application form:
d) After the empanelment by the Corporate Office, should circulate the list of panel.
(a) After receiving the recommended list of law Firms intending to get empaneled,
from the Corporate Office, before the committee consisting of Deputy General
Manager(Legal),Head(HRD) or in his absence any one Assistant General
Manager at Corporate office & Senior Manager(HR) at Corporate Office. The
Committee shall be the sole authority for empanelment and shall shortlist and
empanel the eligible Law Firms for empanelment.
(b) The minutes of the said committee shall have preserved by the Legal Department
at Corporate Office.
(c) If in the opinion of the above commitee, it is expedient and necessary to empanel
any Law Firm for the interest of the Bank, he/she may do the same in accordance
with these guidelines, after recording reasons for such empanelment
4. PREPARATION OF LIST: -
The Legal Department at Corporate Office shall keep a list of the Law Firms.
5. ALLOCATION OF WORK:
The respective department at Corporate Office shall ensure that the cases /matter
involving critical and complex issues shall only be entrusted to the Law Firms, since the
same shall require services from law firms with deeper and broader experience for critical
legal banking matters including customer issues and complexities. In addition, the
cases/matters at Supreme Court may be allotted to Law Firms.
6. OTHER CONDITIONS FOR EMPANELMENT:
(a) The Panel Law Firm (s) should not be allowed to use Bank's name, symbol, logo
and other intellectual properties of the Bank under any circumstances.
(b) It shall abide by all the terms and conditions determined/to be determined by the
Bank from to time, in respect of empanelment, allocation of the work, review of
performance, professional fees payable by the Bank, monitoring of suit filed and
decreed etc,
(c) It shall observe high professional standard and integrity and shall be efficient in
handling the case(s) assigned by the Bank independently.
(d) Inclusion of name in the Bank's panel shall not constitute an appointment or a
right for an appointment to be made by the Bank and/ or for allotment of
cases/matters to the Partners or associates of the Law Firm. The Bank shall
reserve its right to depanel the Law Firm at any time.
(e) In the case of Law firms, the associates. partners. juniors etc. shall not
appear/advice against the Bank any circumstances.
(f) The empaneled law firms shall not employ and/or engage any advocate who is
depaneled by any Bank in their firm
(g) If the Corporate Office is of the view that meeting of the Panel is necessary and
expedient in the interest of the Bank, they may convene the meeting and
necessary instructions may be given to them
(h) The panel Law Firm shall send monthly reporting of the cases entrusted with them
to the Corporate Office. However, wherever required the Law Firm shall make
day to day reporting of the proceedings of the cases to respective department
Corporate Office. It the panel Law Firm has failed to make the monthly reporting
of the cases, or wherever required day to day reporting of the proceedings of the
cases entrusted with them, the Legal Department at Corporate Office, may
consider this aspect while reviewing the performance and may recommend
depanelling them on this ground. The panel Law Firm should be advised
accordingly.
(d) The Committee as Stated in para 3 above shall review the performance of the
Law Firm at least once in a year.
(e) The exercise of Review shall be completed by November (month) of every year.
(f) For the purpose of reviewing the performance of the panel Law Firm feedback
shall be obtained in the format enclosed herewith as Annexure-C for placing the
same before the Committee as stated in para 3 above.
a. While reviewing the performance of the panel Law Firm(s), the Legal department
at Corporate Office should consider the following parameters for the names of
the Law Firms for empanelment /depanelment :
(b) The aforementioned are only indicative and the Office may use tools as they may
deem fit.
(c) A suitable note shall be placed by the respective department in this regard shall
be placed before the aforementioned committee for consideration.
(a) If the performance of the panel Law Firm(s) is not satisfactory upon review, the
aforesaid committee may depanel any of the Law Firm.
(b) If empaneled Law firm admits any advocate who is depaneled by any Bank as
Junior associate, partner etc., then the Bank shall immediately advise them not
to admit him in the firm for continuing them in the Bank's panel and if the firm
admits such an advocate and/or allow to continue him in their firm, the CHRO
shall depanel such Law Firm.
(c) If the committee aas mentioned in para 3 above, instructs to depanel any of the
Law Firm either as its own or on account of the instructions received from RBI,
Ministry and or other authority including IBA, the Corporate Office shall
immediately transfer the cases/matters from them to the other Law Firm(s) on
panel.
(d) In the event the empaneled Law Firm has committed severe professional
misconduct or has indulged in any act causing loss to the Bank including
facilitating fraud, the Committee as mentioned in para 3 above, may
immediately depanel the Law Firm by recording the reasons thereof, even
without waiting for the review of his performance. The Corporate Office shall
immediately transfer the matters entrusted to the depaneled Law Firm to the
Law Firm on panel.
(e) In the event any of the Law Firm is depaneled, the Legal Department at
Corporate Office shall do the following: -
i Ensure that no further cases/matters are entrusted with such Law Firm.
ii Take back all the brief/suits and matter entrusted with them immediately.
Thereafter the same shall be distributed among other Law Firm(s) on the panel.
In case of requirement for a particular work, quotations may be called from the
empaneled Law Firms, and the work may be entrusted to the Law Firm submitting
lowest quotation.
The fees shall be paid to the Law Firm by the respective department at the Corporate
Office as per the financial delegation of power.
Annexure-A
c) Address:
i. Chamber/Office:
ii. Home:
i. Chamber/Office:
ii. Home:
Signature of Partner/Associate
of the Law Firm with Seal
Enclosures:
The CHRO,
Corporate Office.
Cases
pending,
Telepho which were
Name &
ne no. entrusted to
Address Reasons for
S. NO /Fax Remarks
respective
Of the Depanelment
No./Mobi Law Firm,
Law Firm
le No. at the time of
depanelment
3. Details of the Law Firm for empanelment:
Note: The same has to be prepared in the above format in the excel sheet , and the
details of each cases shall be written separately.
Whether any cases have been reported in which the Law Firm
10.
has given wrong opinion
Note: The Corporate Office is advised to report details of all the empaneled Law Firms on separate sheet
in the above format only.
Manager-Legal(Corporate Office)