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Bare acts > Code of Civil Procedure, 1908 > Order 16 Rule 3
 
  


 

3. 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 that of Madras.

Assam and Nagaland.- Same as that of Calcutta.

Bombay.- Insert the proviso:

“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 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 Officer showing the rates of travelling and other allowances admissible to him as for a journey on tour.” (1.10.1983).

See Act 35 of 1961, Section 11 and Reg. 6 of 1963, Section 3(1.7.1965).

Calcutta: Andaman and Nicobar Islands.- (a) Substitute the following for Rule 3:,

“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.” (25.7.1928).

(b) Add the following to Rule 3:

“Provided:

(i) that where the person summoned is a servant of any State Government whose pay exceeds Ra. 10 per mense 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 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 V in a Civil Court in Assam, the sum so fixed shall be credited to the Railway to which he belongs.” (8.3.1948).

Delhi and Himachal Pradesh.- Same as that of Punjab.

Gujarat.- Same as that of Bombay, except for the last sentence which is omitted. (17.8.1961).

Kerala Laccadive. Minicoy and Amindivi Islands.- In Rule 3 the following shall be added as para (2), namely:

“In the case of employees of the Central Government or 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.” (9.6.1959):
Reg. 8 of 1965. Section 3.

Madhya. Pradesh.- For Rule 3, substitute the following:

“3. (1) The sum so paid into Court shall, except in case of a Government servant or a State Railway employee, 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.” (16.9.1960).

Madras and Pondicherry.- The following shall be added as separate paragraph:

“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.” (7.1.1942); Act 26 of 1968, Section 3 ad Sets., Pt. II (w.e.f. 5.9.1968).

Orissa.- Same as that of Patna except for the word and figure “Rs. 10” substitute “Rs. 200” [14.5.19841.

Patna.- Add the following as proviso:

“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 party, of facts which have come to his knowledge, or of matter which he has had to deal, in his public capacity, then -

(1) 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;

(2) 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 the actual travelling expenses incurred:

(3) 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, Haryana and Chandigarh.- For Rule 3, substitute:

“3. Tender of expenses to witness.— (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 servants, the sum so paid into Court shall be credited to Government.

Exception - (1) In cases iii which Government servants have to give evidence at a Court situate not more than five miles from their headquarters, actual travelling expenses 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 mense, may receive his expenses from the Court.” (9.1.1919).

See Act 31 of 1966, Sections 29 and 32 (1.11.1966).

Rajasthan.- Substitute for Rule 3 the following:

“3. The sum so paid into Court may, 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.” (24.7.1954).

Rule 3-A

Bombay.- The following shall be added as Rule 3-A:

“3-A. Special provision for public servants summoned as witnesses in suit 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 rates specified in such certificate.” (1.10.1983).

Gujarat.- Same as that of Bombay with modification as follows:

(I) In sub-rule (1), between the words ‘Central Government’ and “or a Railway employee” words “or State of Andhra Pradesh” are inserted; and

(ii) For the words ‘pay him’ in the last but two lines, the words “or as soon thereafter as practicable remit to the Central Government or State Government (the Ministry/Department/Office) to which the Government servant belongs.” (17.8.1961; 16.4.1970).

 

 

 

 

 

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