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State of Jharkhand - Section

Section 417 in Civil Court Rules of the High Court of Judicature at Patna

417.

(a)The expenses which a party applying for a summons shall be required to deposit in Court shall ordinarily be (a) diet allowance, and (b) in the case of a witness residing at a distance from the Court, if the journey cannot be performed on foot or the age and habits of life of the witness render it impossible for him to walk, also his travelling allowance, according to the following scale:-
[Class of Witness] [Substituted by Notification No. 6031-711. dated 22.4.1997.] Travelling allowance Diet allowance
CLASS IGazetted Officers, Professionals like Doctors,Advocates, Architects, Chartered Accountants, etc. Income Taxpayees Members of Parliament, Members of State Legislatures. By Mail 1st Class or 2nd Class A.C. Sleeper Chair CarFare. By Road Taxi fare at the rate prescribed by theDirectorate of Transport of the State Government and if no suchrate has been fixed as reasonable. Rs. 30/- per diem.
CLASS IIAll other except those mentioned in Class I. By rail. Sleeper Class or 2nd Class Fare. By Road Actual BusFare. Rs. 207- per diem.
;g la'kksf/kr vkns'k fuxZr gksus dh frfFk ls izHkkoh gksxhAExplanation. - The above rates are maxima. The Court may direct a reduced allowance to be deposited or paid according to circumstances.
(b)In addition to the above, the authorized charges for tolls at ferries shall be deposited by the party applying for the summons to the extent to which such charges will be incurred.
(c)Notwithstanding anything in clauses (a) and (b) of this rules-
(i)In the case of officers serving under Government the word "expenses" in this rule means the travelling and halting allowances admissible under the Bihar Travelling Allowance Rules.
(ii)When a Government servant is summoned to give evidence of facts which have come to his knowledge, or of matters with which he has had to deal, in his public capacity, he shall, if (1) the case is one to which Government is party, and (2) his salary exceeds Rs. 10 per mensem, be granted a certificate of attendance in Form No. (M)19 and the sum deposited on account of his expenses shall be credited to Government.
(iii)In all other cases the expenses of the witness shall be paid to him by the Court and a certificate in the form above prescribed shall be granted to him. [G.L. 2/42]
(iv)When a Government servant is summoned to give evidence at a Court situated not more than [eight kilometres] [Substituted by C.S. No. 45, dated 18.12.1973.] from his headquarters and is not entitled to travelling allowance under the ordinary rules the Court may direct payment to him of the travelling expenses actually incurred.
Note. - No expense shall be deposited when a Government servant is summoned on behalf of Government. Where the salary of such Government servant does not exceed Rs. 10 a month or where he is summoned to give evidence at a Court which is situated not more than [eight kilometres] [Substituted by C.S. No. 45, dated 18.12.1973.] from his headquarters, the expenses admissible under the rules shall be advanced by Court and recouped by drawing a regular contingent bill upon the treasury.
(ivA)When Government servants are summoned by private parties to give evidence in a Civil Court, their salaries for the period they are absent from their duties, in addition to the expenses in accordance with the above rule, must be paid by the parties summoning them. The amount paid into Court as salary should be credited to Government.
Note 1. - For procedure as to recovery and credit, see Note 4 to Rule 607 (h).Note 2. - The term "Government Servants" in this rule includes employees of the Central Government in the Commercial Department as well as State \ Railway employees.Note 3. - "Salaries" in this rule has the same meaning as "Subsistence allowance or compensation" in rule 129 of the 'Bihar Travelling Allowance Rules.Note 4. - The word "Government" in this rule means the Central Government, the State Government or a State Railway according as the Government servant is an employee of the Central Government, the State Government or a State Railway.
(v)Whenever it is considered necessary to obtain the opinion of a Finger Print Expert, the documents bearing the finger prints shall first be sent to the Criminal Investigation Department for examination, in Sealed cover properly attested, together with the I specimen finger prints with which a comparison is desired, the specimen being prepared by an officer accustomed to the work. In private cases a consultation fee of Rs. 30 per case and a fee at the rate of Rs. 5 for each finger print sent for examination to cover the cost of three photographic enlargements of each such finger print shall be realized from the party concerned and paid into the treasury by the Court. A copy of the challan supporting the deposit [in court] [Inserted by C.S. No. 21.] shall accompany the request for examination. If subsequently a finger print expert of the Criminal Investigation Department is summoned to give evidence, a fee of Rs. 30 a day in each case shall be realised from the party concerned in addition to the expert's salary and travelling expenses. The fee and salary (calculated at Rs. 420 per month) so realised shall be credited into treasury by the Court and a copy of the challan [showing the deposit thereof in court] [Inserted by C.S. No. 21, dated 11.8.1972.] shall be sent to the Criminal Investigation Department with the letter summoning the expert. The travelling expenses should be made over to the expert on arrival in Court. [G.L 7/45, G.L 7/62a]
Note. - For procedure as to recovery of the expert's fees, etc., see Note 4 to Rule 607 (h).
(vi)For witnesses following any profession, such as Medicine or Law, special allowance shall be given according to circumstances.
VI. Expenses of Commission (Order XXVI, Rule 15, Code of Civil Procedure)