4. Procedure where insufficient sum paid in.- (1) Where it appears to the court or to such officer as it appoints in this behalf that the sum paid into court is not sufficient to cover such expenses or reasonable remuneration, the court may direct such further sum to be paid to the person summoned as appears to be necessary on that account, and, in case of default in payment, may Order such sum to be levied by attachment and sale of the movable property of the party obtaining the summons; or the court may discharge the person summoned without requiring him to give evidence; or may both Order such levy and discharge such person as aforesaid. (2) Expenses of witnesses detained more than one day—Where it is necessary to detain the person summoned for a longer period than one day, the court may, from time to time, Order the party at whose instance he was summoned to pay into court such sum as is sufficient to defray the expenses of his detention for such further period, and, in default of such deposit being made, may Order such sum to be levied by attachment and sale of the movable property of such party; or the Court may discharge the person summoned without requiring him to give evidence; or may both Order such levy and discharge such person as aforesaid. STATE AMENDMENT Uttar Pradesh.- to Rule 4, the following proviso shall be inserted, namely:— “Provided that nothing in this rule shall apply to a case where the witness is a Government servant summoned at the instance of Government as a party.”— UP. Act 57 of 1976, S. 8 (1-1 -1977). HIGH COURT AMENDMENTS Assam and Calcutta.- Substitute for clause (1) as follows: “Where it appears to the Court or to such officer as it appoints in this behalf that the sum so fixed is not sufficient to cover such expenses or reasonable remuneration the Court may direct such further sum to be paid to the person summoned as appears to be necessary on that account and in the case of default in payment may order such sum to be levied by attachment and sale of the movable property of the party obtaining the summons or the Court may discharge the person summoned without requiring him to give evidence or may both order such levy and discharge the person as aforesaid”. (25.7.1928). Delhi and Himachal Pradesh.- After the word “summoned” where it first occurs in Rule 4(1), insert: “or, when such person is a Government servant, to be paid into Court.” (9.1.1919) Madhya Pradesh.- Same as that of Himachal Pradesh.
Rules 4-A and 4-B. Andhra Pradesh.- Same as that of Madras, except that for the words “pay him” the word
“remit to the Central Government in the Ministry or department concerned” shall be substituted.”(10.3.1966). Karnataka.- Insert the following as Rule 4-A:- “4-A (1) In the cases provided for in this rule the provisions of the foregoing rules shall not apply or shall apply only subject to the provisions of this rule. (2) Where a Government or a Public Officer being a party to a suit or proceeding as such public officer supported by Government in the litigation, applies for a summons to any Government servant whose salary exceeds Rs. 10 per month and whose attendance is required in a Court situate more than 5 miles from his headquarters, no payment in accordance with Rule 2 or with Rule 4 shall be required, and the expenses incurred by the Government or such public officer in respect of the attendance of such witness shall not be taken into consideration in determining the costs incidental to the suit or proceeding. (3) Where any other party to such a suit as is referred to in sub-rule (2) applies for a summons to such Government servant as is mentioned in the said sub-rule, the party summoning shall deposit in Court along with his application a sum of money for the travelling and other expenses of the officer determined by the Court under the provisions of Rule 2 of the is Order and shall also pay and deposit any further sum that may be required by Court to be paid or deposited under Rule 4 of this Order, and the money so deposited or paid shall be credited to the Government in the treasury. Where the witness summoned under this sub-rule is the employee of the Central Government or the State Railway or other Commercial Department to whom the provisions of the payment of Wags Act apply, sums paid into Court shall be credited in the Treasury to the credit of the Central Government, the Railway or the Commercial Department as the case may be. (4) In all cases where a Government servant appears in accordance with the foregoing sub-rules the Court shall grant him a certificate of attendance containing the prescribed particulars. (5) Same as Rule 4-B (1) of Madras with the following modifications:— (i) For the words “Notwithstanding anything .... in his public capacity” substitute: “Notwithstanding anything contained in the foregoing rules and in this rule, in all suits or other proceedings to which Government is not a party, where a servant of the Central Government or of any Railway or of any other Commercial Department of the Government to whom the provisions of the Payment of Wages Act apply is summoned to give evidence of facts which have come to his knowledge or of matters with which he has to deal as a public officer or to produce any document for public records in his public capacity.” (ii) In line 8 for “such sum” substitute “the said sum” and in line 11 for “officer summoned” substitute “officer concerned”. (iii) Add at the end: The said officer shall be required to produce a certificate duly signed by the Head of his office showing the rules of travelling and other allowances admissible to him as for journey on tour and the amount payable to him by the Court shall be computed on the basis of the rates specified in the certificate.”
(30.3.1967). KERALA, LACCADIVE, MINICOY AND AMINDIVI ISLANDS.- Rules 4-A and 4-B are the same as those of Madras subject to the following changes. (1) Rule 4-A— (1) in sub-rule (1) delete the words “whose salary exceeds Rs. 10 per mense in and”; (ii) in sub-rule (2) for the words “also pay any further sum” substitute the words “also pay any other sum”; (iii) renumber sub-rule (3) as sub-rule (4) and insert as sub-rule (3) the following: “(3) In the case of employees of the Central Government or the Railway Administration sums paid into Court as subsistence or compensation shall be credited in the Treasury to the credit of the Central Government or the Railway Administration as the case may be.” In Rule 4-B—
For words “The Central Government or a Railway employee” substitute the words “the Central Government or a State Government or a Railway employee.” (9.6.1959); Reg. 8 of 1965, Section 3.
Madras and Pondicherry.
“4-A. Special provision for public servants summoned as witneses in Suits to which the Government is a party.— (1) Notwithstanding anything contained in the foregoing rules, in any suit by or against the Government no payment in accordance with Rule 2 or Rule 4 shall be required when an application on behalf of Government is made for summons to a Government servant whose salary exceeds Rs. 10 per mense and whose attendance is required in a Court situate more than five miles from his headquarters; and the expenses incurred by Government in respect of the attendance of the witness shall not be taken into consideration in determining costs incidental to the suit. (2) When any other party to such a suit applies for a summons to such an officer, he shall deposit in Court along with his application a sum of money for the travelling and other expenses of the officer according to the scale prescribed (by the Government under whom the officer is serving) and shall also pay any further sum that may be required under Rule 4 according to the same scale and the money so deposited or paid shall be credited to Government. (3) In all cases where a Government servant appears in accordance with this rule, the Court shall grant him a certificate of attendance.” (2.3.1942). “4-B. Special provision for public servants summoned as witness 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 public 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 other 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 Court of the officer summoned or as soon thereafter as is practicable, 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 Court in accordance with sub-rule (1) shall produce a certificate duly signed by the head of his office, showing the rate 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.” (17.12.1952); Act 26 of 1968, Section 3 and Sch. Pt. II.
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