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State of Jharkhand - Section

Section 418 in Civil Court Rules of the High Court of Judicature at Patna

418.

The following table shows the scale of remuneration, besides incidental expenses of commission which the High Court consider reasonable though it is not intended to fetter the Court's discretion in any way particularly in cases where superior expert knowledge is required and is available. The scale is intended for cases where the work is likely to take only a day or two. When a consolidated fee is to be paid for work taking some time, a considerable reduction in the rates specified below will ordinarily be desirable. These rates are maxima only rarely to be exceeded and they should not be applied indiscriminately in all classes of cases. [G.L 1/30, G.L 1/68]
Nature of the Commission Classes of Commissioners Maximum rate if allowed by Court of a - Remarks
District and Sub-ordinate Judge Small Cause Court Judge Munsif
1 2 3 4 5 6
    Rs. P. Rs. P. Rs. P.  
1. For the examination of witnesses. Pleaders or any other persons appointed as Commissioner. 32.00 16.00 (a) 16.00(b) 24.00 For each day of six hours that a particular witness orwitnesses may be under examination.
2. For examination of accounts Ditto ... 32.00 16.00 (a) 16.00(b) 24.00 Daily
3. For local investigations (i) Pleaders ... 32.00 16.00 (a) 16.00(b) 24.00 Daily
  (ii) Other persons (including salaried Amins) 3.00 ... 3.00 Do
  (iii) Professional Surveyors -        
  (a) With qualifications of Executive or Assistant Engineers. 30.0 ... 30.0 Do
  (b) With qualification of Sub-Engineers. 10.00to15.00 ... 10.00to15.00 Do
  (c) With qualification of Overseers (Graduates) 5.00 … 5.00 Do
  (d) With qualifications of Overseers (Apprentice). 2 00to4 00 ... 2 00to4 00 Do
N.B. - (a) In respect of cases valued up to Rs. 2,000.
(b)In respect of cases valued above Rs. 2,000.
Note 1. - (a) Before the issue of a commission a consolidated inclusive fee which must not be exceeded save in special circumstances should be fixed wherever practicable with due regard to all the circumstances of the case, the probable duration of the Commissioner's work including desk work and the time likely to be spent on journey and the current fees of pleaders of the standing and practice of the Commissioner concerned. Prompt and efficient execution of the commission is implied.
(b)In case any work is finished or is likely to be finished in less than six hours, it may be treated as full one day's work.
Note 2. - The following statement of daily out-turn of work required by the Survey Department from professional agency will afford some guidance to the Courts in determining the work involved in a particular commission:-
(1) Boundary survey ... ... ... ... Half a square mile.
(2) Plain table survey of field ... ... 15 Acres.
(3) Extraction of areas ... ... ... 250 plots.
(4) Tracing and numbering ... ... ... 750 plots.
(5) Traverse line ... ... ... ... 100 chains
A diary showing clearly the work done each day must be kept by the Commissioner and submitted to the Court with his report.Note 3. - The foregoing rates of remuneration are intended, in the case of the persons included in class (iii), only as a general guide. When possible, the remuneration of professional Surveyors should be regulated by the rules framed by Government regarding the employment of such officers in Government service.Note 4. - Fees payable to Civil Court Amins should be realized in cash and deposited under the head miscellaneous receipts [clause (b) Rule 607 Part X] to the credit of Government.Note 5. - The cost of sending and returning the papers relating to a commission by registered post should also be realised in cash from the parties.