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[Cites 0, Cited by 0] [Section 322] [Entire Act]

State of Chattisgarh - Subsection

Section 322(1) in High Court of Chhattisgarh Rules, 2005

(1)A party applying for a summon(s) to a witness(es) shall be required to deposit with the cashier of the Court at the time of applying for summons a sum sufficient to cover the travelling allowance, the diet allowance and the local conveyance allowance of the witness(es) according to the scale given below :Provided that in cases not fully or clearly covered by this Scale or in cases where the Judge thinks special considerations should prevail, the Judge shall award such amounts as he deems proper:Provided further that the local conveyance allowance shall be payable only if the party calling the witness does not provide conveyance to him.Scale
Class of witness Travelling allowance Diet allowance Local conveyance allowance
Class-I
Gazetted Officers, Professionals like Doctor,Advocates, Architects, Chartered Accountants, etc. Income Taxpayee, Members of Parliament, Member of State Legislature. By RailA.C. Sleeper/ChairCar fare.By RoadTaxi fare at the rate prescribed by theDirectorate of Transport of the State Government and if no suchas the Court thinks reasonable. Rs. 250/-per day By Taxi
Class-II
All others except those mentioned in Class-I. By RailSleeper or 2nd classfare.By RoadActual Bus fare. Rs. 150/-per day By three wheeler Auto rick shaw.
Note 1. - Travelling allowance will be payable for the journey performed by the shortest route.Note 2. - If in addition to travelling by rail a witness is required to travel by bus also, the actual bus fare paid for such part of the journey shall also be admissible for travelling allowance.Note 3. - Diet allowance shall be payable, irrespective of the distance travelled, for the actual time required for journey each way and also for the time taken in giving evidence and for the time of detention necessary for the purpose of giving evidence. A part of the day shall be counted as equal to a day.Note 4. - (a) The Registrar (Judicial) of the Court shall decide as to which class a witness belongs or which of the alternative modes of travelling should be allowed in a particular case. A witness dissatisfied by his decision may request that a reference be made to the Judge. The Judge thereupon shall give such directions as he thinks just and proper in the case.
(b)Payment shall be made to the witness out of the amounts deposited with the Cashier after the witness has given evidence or he is discharged by the Judge and a certificate to either effect has been given by the "Bench Clerk".