(1)Every District Judge shall maintain a separate list of legal practitioners for each revenue district and outlying Munsifi, authorised to execute commissions. The lists shall be prepared by the District Judge in consultation with the Judicial Officers of each revenue district or outlying Munsifi, as the case may be. The list may be sub-divided into [five parts, namely, (i) for accounts, (ii) for survey, (iii) for simple measurements, where no survey is necessary, (iv) for service of injunction orders, stay orders or other notices, and (v) for recording of evidence and all other purposes. The number of Commissioners in each part shall be fixed by the District Judge] [Substituted by Notification No. 34/VIII-b-28, dated 23-1-1976, see U.P. Gazette, dated 3-4-1976.].[Care should be taken to include in the list of Commissioners for accounts and survey only those lawyers who are well conversant with and experienced in such works but for commission in matters referred to in items (iii), and (iv) above, the names of junior lawyers should be included. For matters referred to in item (v) above, the names of lawyers, with a minimum standing of two years and having fairly good experience of working in Courts (but not very senior lawyers) should be included in the list, in exceptional circumstances, however, and for reasons to be recorded even very senior lawyers may be appointed as Commissioners for recording evidence though not included in list] [Inserted by Notification No. 354-VII-b-135, dated 3-12-1965, see U. P. Gazette, dated 18-12-1965.].The list of Commissioners shall be maintained in the office of the District Judge at the headquarters and of the senior-most Judicial Officer at other places, and all commissions issued shall be entered in it. Commissions shall be issued in strict order of rotation in respect of each part unless there are reasons to the contrary. No commission shall be issued to any person whose name is not entered in these lists except for special reasons. The list shall be revised once a year.(2)No commission shall issue to a Collector or to any officer subordinate to a Collector unless the consent of the Collector has been obtained previously, Munsarims, Nazirs, Copyists, Ahlmads, Pleader's clerks and Petition writers shall not be employed as Commissioners.(3)The Court shall ordinarily require the party asking for the issue of a commission to deposit a fee (to be fixed by the Court) before the issue of the commission. The fee shall be fixed with due regard to the circumstances of the case and the status of the Commissioner :[Provided that for the services of an Amin to whom a commission for local investigation not necessitating the tailing of evidence or for preparation of a map is issued, the Court shall require the party applying to pay a fee of [Rs. 10.00] [Inserted by Notification No. 354-VII-b-135, dated 3-12-1965, see U. P. Gazette, dated 18-12-1965.] for each process in addition to the fee of [Rs. 10.00] [Substituted by Notification No. 21/VIII-b-31, dated 8-1-1978, published in U. P. Gazette, Part-2, dated 1-3-1975.] to cover travelling allowance of the Amin and his peon].In the case of protracted investigation, which extends beyond the time originally calculated, the Court may suspend the commission until a further sum sufficient to cover the additional expense is paid into Court.(4)[ For the remuneration of a legal practitioner to whom a commission to examine a witness is issued, the court should require the party applying to pay a fee which shall be Rs. 30 for the first witness and Rs. 20 for each subsequent witnesses to be examined. If payment of higher fees than the above is necessary, the reasons thereof shall be recorded by the Presiding Officer of the Court issuing the Commission.] [Substituted by Notification No. 21/VIII-b-31, dated 8-1-1978, published in U. P. Gazette, Part-2, dated 1-3-1975.](5)Where a commission cannot be executed for reasons beyond the control of the Commissioner, the Court may order payment of such fees as may appear to be reasonable, with due regard to the time spent by the Commissioner.
