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Tender of expenses to witness
The sum so paid into Court shall be tendered to the person summoned, at the time of serving the summons, if it can be served personally.
HIGH COURT AMENDMENTS
Andhra Pradesh.-
Same as in Madras.
Bombay.-
In Order XVI,-
(i) in rule 3, insert the following proviso, namely:-
"Provided that where the witness is a public officer to whom the Civil Service Regulations apply and is summoned to give evidence of facts which have come to his notice or of facts with which he has had to deal in his official capacity, or to produce a document from public records, the sum payable by the party obtaining the summons on account of his travelling and other expenses shall not be tendered to him. Such officer, shall, however, be required to produce a certificate duly signed by the Head of his office showing the rates of travelling and other allowances admissible to him as for a journey on tour." (w.e.f. 1-10-2023)
(ii) after rule 3, insert the following rule, namely:-
"3A. Special provision for public servants summoned as witnesses in suits in which the Government is not a party.-
(1) Notwithstanding anything contained in the foregoing rules, in all suits or other proceedings to which the Government is not a party, where a servant of the Central Government or a Railway employee is summoned to give evidence and/or to produce documents in his official capacity, the Court shall direct the party applying for summons to deposit such sum of money as will, in the opinion of the Court be sufficient to defray the travelling and other expenses of the officer concerned as for a journey on tour, and on the deposit of such sum, the Court shall direct the summons to be issued and, out of the sum so deposited or out of any further sum which the Court may subsequently direct the party applying for summons to deposit, the Court shall on the appearance before the court of the officer summoned, pay him the amount of travelling and other expenses admissible to him as for a journey on tour under the rules applicable to his service.
(2) The officer appearing before the Court in accordance with sub-rule (1) shall produce a certificate duly signed by the Head of his office, showing the rates of travelling and other allowances admissible to him as for a journey on tour, and the amount payable to him by the Court shall be computed on the basis of the rates specified in such certificate." (w.e.f. 15-7-2023)
Calcutta.-
In Order XVI, for rule 3, substitute the following rule, namely:-
"3. The sum so fixed shall be tendered to the person summoned, at the time of serving the summons, if it can be served personally:
Provided-
(i) that where the person summoned is a servant of any State Government whose pay exceeds Rs. 10 per mensem or whose headquarters are situated more than five miles from the Court, and he has been summoned to appear as a witness in his official capacity in a civil case to which Government is a party, the sum so fixed shall be credited to the Treasury;
(ii) that where the person summoned is a Finger Print Expert of the Criminal Investigation Department and he is summoned to give evidence in private cases, the sum so fixed, other than his travelling allowance, shall be credited to the Treasury;
(iii) that where the person summoned is the Government Examiner of Questioned Documents or his Assistant and he is summoned to give evidence or his opinion is sought in private cases, the sum so fixed shall be credited to the Treasury;
(iv) that where the person summoned is a servant of the Central Government or a State Railway or any other Commercial Department of Government and he is summoned to give evidence in his public capacity in a civil case, whether Government is or is not a party, the sum so fixed shall be credited in the Treasury to the Government or the State Railway, as the case may be, to which the employee belongs; and
(v) that where the person summoned is a State Railway employee and he is summoned to give evidence in his private capacity in a Civil Court in Assam, the sum so fixed shall be credited to the Railway to which he belongs."
[Vide Notification No. 10428-G, dated 25th July, 1928 and Notification No. 1501-G, dated 8th March, 1948.]
Delhi.-
Same as in Punjab.
Gauhati.-
Same as in Calcutta.
Gujarat-
Same as in Bombay omitting the last sentence of the proviso.
Himachal Pradesh.-
Same as in Punjab.
Kerala.-
In Order XVI, in rule 3, insert the following as para 2, namely:-
"In the case of employees of the Central Government or the State Government or Railway Administration sums paid into Court as subsistence allowance or compensation shall be credited in the Treasury to the credit of the Central Government or the State Government or the Railway Administration as the case may be."
Madhya Pradesh.-
In Order XVI, for rule 3, substitute the following rule, namely:-
"3. (1) The sum so paid into Court shall except in case of a Government servant, or a State Railway employees, be tendered to the person summoned, at the time of serving the summons, if it can be served personally.
(2) Where a party other than Government in a suit requests the Court to summon a Government servant or a Railway employee as a witness or to produce official documents, the party shall deposit with the Court a sum, which in the opinion of the Court, will be sufficient to defray the travelling and other allowances of the Government servant or the Railway employee, as the case may be, as for a journey on tour and out of the sum so deposited the Court shall pay to the Government servant or the Railway employee concerned, the amount of travelling and other allowances admissible to him as for a journey on tour." (w.e.f. 16-9-2023)
Madras.-
In Order XVI, in rule 3, insert the following as a separate paragraph, namely:-
"In the case of employees of the Central Government or a State Railway, sums paid into Court as subsistence allowance or compensation shall be credited in the Treasury to the credit of the Central Government or State Railway as the case may be."
[Vide P Dis No. 11 of 1942.]
Orissa.-
Same as in Patna except for the word and figures "Rs. 10" substitute the word and figures "Rs. 200". (w.e.f. 14-5-2024)
Patna.-
In Order XVI, in rule 3, insert the following proviso, namely:-
"Provided that when the person summoned is an officer of Government, who has been summoned to give evidence in a case to which Government is a parry, of facts which have come to his knowledge, or of matters which he has had to deal, in his -"public capacity, then-
(i) if the officer's salary does not exceed Rs. 10 a month, the Court shall at the time of the service of the summons make payment to him of his expenses as determined by rule 2 and recover the amount from the Treasury,
(ii) if the officer's salary exceeds Rs. 10 a month, and the Court is situated not more than 5 miles from his headquarters, the Court may, at its discretion, on his appearance, pay him actual travelling expenses incurred;
(iii) if the officer's salary exceeds Rs. 10 a month and the Court is situated more than 5 miles from his headquarters no payment shall be made to him by the Court. In such cases any expenses paid into Court under rule 2 shall be credited to Government."
Punjab.-
In Order XVI, for rule 3, substitute the following rule, namely:-
"3. Tenders of expenses to witnesses.-
(1) The sum paid into a Court shall, except in the case of a Government servant, be tendered to the person summoned at the time of serving the summons if it can be served personally,
(2) When the person summoned is a Government servant, the sum so paid into Court shall be credited to Government.
Exception (1).- In cases in which Government servants have to give evidence at a Court situate not more than five miles from their headquarters, actual travelling expense incurred by them may, when the Court considers it necessary, be paid to them.
Exception (2).-A Government servant, whose salary does not exceed Rs. 10 per mensem, may receive his expenses from the Court."
[Vide Notification No. 156-G, dated 9th January, 1919.]
Rajasthan.-
In Order XVI, for rule 3, substitute the following rule, namely:-
"3. The sum so paid into Court and if so required by the person summoned shall be tendered to him at the time of serving the summons if it can be served personally." (w.e.f. 24-7-2023)
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