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State of Madhya Pradesh - Section

Section 440 in M.P. Civil Court Rules, 1961

440.

(1)For the purpose of travelling and other expenses, witnesses shall be divided into the following classes'A' Class-Labour (Skilled and unskilled).'B' Class-Artisans, cultivators, shop-keepers, and other similar persons.'C' Class-Persons of superior ranks.
(2)The diet-money payable to members of each class per day shall not ordinarily exceed the rate given below :-'A' Class-1.25 P.'B' Class-2,00 P.'C' Class-5,00 P.
(3)In special cases if the rates above prescribed appear to be insufficient, the Court may require such sums as appear reasonable to be paid. The discretion thus allowed shall be used sparingly, and such special sums shall not be paid except in cases where they are clearly necessary, the reasons for making them being recorded by the Court in the order-sheet.
(4)Diet-money shall be given not only for the period of actual attendance, but also for any reasonable time spent in the journey to and from the Court, the mode of conveyance available being taken into consideration.
(5)In addition to the diet-money admissible under the preceding rules if a witness resides at a distance from the Court, and if the journey cannot be performed on foot, or if the age and habit of life of the witness render U impossible or unsuitable for him to walk to the Court, a sum shall be paid to him to meet his travelling expenses at the rates given below
(a)Where the journey is wholly or partly by road the actual charge for reasonable conveyance for the road journey to and from the Court upto a maximum of 16 P. per Kilometer.
(b)Where the journey is wholly or partly by rail, railway fare each way for the railway journey according to the following Table :-
'A' Class-Third Class fare.'B' Class-Third Class fare.'C' Class-Such railway fare as may appear fair and reasonable to the Court according to the class in which the witness normally travels or is expected to travel.
(6)When it is found necessary to order a witness to appear a second time, the Court shall decide on a consideration of the circumstances of each case whether the witness can reasonably be expected to remain at the place where the Court is located or whether he should go back to his home and return for the next hearing. In the former case he should receive diet money for each intervening day until the adjourned hearing and in the latter travelling expenses and diet money for the journey to and from his home on the same scale as for the first hearing.
(7)If a party wishes to summon a Finger Print Expert of the Criminal Investigation Department or a Government Examiner of Questioned Documents of the State Government he shall deposit a special fee of Rs. 15 in addition to the diet money admissible under sub-rule (2) or (3), as the case may be, and an allowance for travelling expenses equal to the travelling allowance other than daily allowance to which the witness would be entitled under the Fundamental Rules if the journey to and from Court were a journey on tour.The fee of Rs. 15 deposited by the party shall be credited direct into the treasury by the Court under head "XIX-Miscellaneous Police Receipts".[Vide Appendix IV-Part II]Rules for summoning the Government Examiner of Questioned Documents Intelligence Bureau, Ministry of Home Affairs, "Dormers",Simla-1, are given in Appendix IV-Part I
(8)When a party requires the services of an officer of the Security Printing Press, Nasik Road, as a witness in his public capacity, the Court concerned should ascertain from the officer or from the Security Printing Press Office his pay and travelling allowance, and should direct the person to deposit the fees necessary to cover the pay and travelling allowance.
(9)When a party wishes to summon any public officer not specifically provided for in the rules to give evidence as an expert, he shall state so in his application for summoning him as a witness and shall in addition to travelling and other expenses admissible under the rules deposit such special fee not exceeding Rs. 250 per day as the Court may fix under sub-rule (2) of Rule 2 of Order XVI, Civil Procedure Code, as remuneration for the time that would be occupied by him both in giving evidence and in performing any work of an expert character necessary for the case.The special fee so deposited by the party shall be credited to Government under the head "XVII-Administer of Justice-Miscellaneous Fees and Fines."