169. [ Register of witnesses. [Substituted by Notification No. 1255/VII-Nyaya-2-2018-91G-2018, dated 14.8.2018 (w.e.f. 3.11.1956).]
- In every court shall be maintained a register of witnesses in Form No. 18. The following instructions for the maintenance of this register must be strictly carried out -(1)At the close of each day (or during the course of the day, if necessary or convenient) or where a case lasts more than one day, at the close of each hearing (or during the course of the hearing, if necessary or convenient) at which witnesses are examined and discharged the Presiding Officer shall direct the court reader (or any other official) immediately to make the necessary entries in register of witnesses (Form No. 18) in regard to each witness then discharged. In the case of witnesses to whom the court does not order expenses to be paid, a line shall be drawn through Columns 12 to 20.(2)When the Presiding Officer decides to grant expenses, he shall direct the sessions clerk (or any other official) at once, in addition to filling in register (Form No. 18) to draw up the order for payment of diet money (Form No. 19). The Presiding Officer shall see that the entries in the register and the order form agree and then sign the order form. The signed order together with the register (Form No. 18) shall be taken by the court constable or a court official to the Nazir who shall verify the total in the order against the entries in the register, and enter the amount payable on the order in Column 19 of the register and initial and date each such entry in Column 20. If more than one witness has to be paid he shall bracket the items in Column 18 included in the order and enter the total amount of the order against this bracket in Column 19 of the register and shall initial and date the entry.The Nazir shall then pay the amount of the order to the official who brought it and take his acknowledgement on the order form and return to the official the court register duly filled up as above. The official shall take the cash and register to the Presiding Officer who shall see that the amount paid by the Nazir tallies with the amount in the register, and shall then direct each witness concerned to be called up and paid before him, and in the case of Session Judge if he so directs, before the Chief Administrative Officer or Sadar Muandnsarim, by the court constable or the court official. As each witness is paid his acknowledgement in writing or thumb mark shall be taken in Column 21 of the register. When all the witnesses have been paid the Presiding Officer, the Chief Administrative Officer, the Chief Administrative Officer or Sadar Munsarim, as the case may be, shall sign and date the register in Column 22.(3)A witness to whom any expenses are due shall not be paid nor shall any entry in respect of him be made in register (Form No. 18) of diet money until heis discharged. A witness shall not be regarded as discharged if he is allowed to leave the court under orders to attend again in the same court in the same case and he shall be regarded as in attendance on every day on which he is actually present under orders, even though a case is not called up for hearing on any such day:Provided that the Presiding Officer may. if he considers that adherence to this rule would involve hardship to any witness, in his discretion pay diet money to such witness from day to day where diet money is paid to witnesses from day to day the entries in Form No. 18 in respect of the diet money shall also be made from day to day.(4)Every Magistrate shall on the first or the second working day of each month send to the officer checking the Nazir's accounts a note stating in figures as well as in words the total amount paid by him as diet money to witnesses during the preceding month to enable him to check the Nazir's contingent register.Note. - (1) Diet money and travelling allowances paid to jurors and assessors shall be entered in this register.(2)If in any case the payment of diet money and travelling expenses of a witness has to be made by money order, the money order acknowledgement receipts shall be pasted in Register No. 18 in lieu of payee's signature against the particulars entry.The aforesaid form is specified in Appendix C.]
