105A. [ Scale of other expenses of witnesses. [Added by Notification No. 149/VIII-b-1, dated 18-2-1981, w.e.f. 30-10-1981, published in U.P. Gazette, Part II, dated 30-10-1981.]
(1)The other expenses to be allowed to the witnesses shall be on the following scale, namely:(a)in the case of witnesses of the class of cultivators, labourers and persons including Government servants of corresponding rank, four rupees a day ;(b)in the case of witnesses of a better class, such as, Bhutnidhars, traders, pleaders and persons including Government servants of corresponding rank six rupees to twelve rupees a day, as the Court may direct;(c)in the case of witnesses of a superior rank including Government servants of corresponding rank from eight rupees to twenty-four rupees a day, as the Court may direct:Provided that where a Government servant is summoned to produce official documents or to give evidence of facts which came to his knowledge in the discharge of his public duties, he shall be paid travelling and other expenses at the rates, admissible to him as for journeys on tour in accordance with the travelling allowance rules applicable to him.(2)If a witness demands any sum in excess of what has been paid to him such sum shall be allowed if he satisfies the Court that he has actually and necessarily incurred the additional expense :Illustration. - A post office or railway employee summoned to give evidence is entitled to demand from the party, on whose behalf or at whose instance he is summoned, the travelling or other expenses allowed to witnesses of the class or rank to which he belongs, and in addition the sum for which he is liable as payment to substitute the officiating during his absence from duty. The sum so payable in respect of the substitute will be certified by the official superior of the witness on a slip, which the witness will present to the Court from which the summons issued.(3)If a witness be detained for a longer period than one day the expense of the detention shall be allowed at such rates not usually exceeding that payable under sub-rule (1), as may seem to the Court to be reasonable and proper:Provided that the Court may, for reasons stated in writing allow expenses on a higher scale than that hereinbefore prescribed.]
