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State of Uttar Pradesh - Section

Section 72 in The General Rules (Civil), 1957

72. Local inspection by Presiding Officers.

- When the Presiding Officer of a Court considers it necessary to make a local inspection he shall invariably during the inspection or as soon as it is convenient thereafter, record a note to be placed on the file stating the purpose of the inspection and all facts perceived or impressions received in the course thereof which are likely to affect his decision in the case. This note shall as far as possible be prepared in the presence of parties or their counsel. Where this is not possible the parties or their counsel shall be informed of it.[Where a Presiding Officer makes local inspection at the request of a party or parties he shall be entitled to receive travelling allowance at the rates mentioned below:
(a)If the place of local inspection is less than [eight kilometres] from the head-quarters he shall be entitled to receive the actual expenses subject to a maximum of Rs. [2.00] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).] for the first [kilometre] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).] and [Re. 1.00] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).] for each succeeding [kilometres] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).] on his certifying that they were actually incurred. [* * *] [Omitted by Notification No. 335/VIII-b-40, dated 11th August, 1969, see U.P. Gazette, Part II, dated 20th December, 1969, page 235.].
(b)If the place of local inspection is beyond [eight kilometres] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).] he shall be entitled to receive travelling allowance at the rate of Rs. [2.00] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).] for the first [kilometre] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).] and [Rs. 1.00] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).] for each succeeding kilometre.
[In case the Presiding Officer is subordinate to a District Judge, the T.A. Bill shall be countersigned by the District Judge.] [Inserted by Notification No. 335/VIII-b-40, dated 11th August, 1969, see U.P. Gazette, Part II, dated 20th December, 1969, page 235.]A Presiding Officer deciding to make a local inspection at the request of a party or parties shall require it or them to deposit in Court the amount of travelling expenses at the rate of [Rs. 2.00] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).] for first [kilometres] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).] and, [Rs. 1.00] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).] for each subsequent [kilometre] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).]. If, in case of journeys within [eight kilometres] [Substituted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).] the amount of actual expenses of the officer is less than the amount deposited, the excess shall be refunded to the party or parties.The officer shall himself arrange for the conveyance for the journeys and shall, as far as possible, avoid the use of a conveyance offered by a party.The money deposited by a party under this rule shall be included in the costs incurred by it in the suit] [Substituted by Notification No. 55/VIII-b-40, dated 13-5-1961, see U. P. Gazette, Part II, dated 13-5-1961.] :[Provided that in case of a journey in hill regions the aforesaid rates shall be increased by 33-1/3 per cent:Provided further that the amount shall be rounded off to the nearest multiple of five paise.] [Inserted by Notification No. 352/VIII-b-40, dated 11-7-1980 (w.e.f. 25-10-1980).]