State amendment · Uttar Pradesh

In the First Schedule, in Order XVI —

(a) in rule 2, —]

(i) in sub-rule (1) at the end, the following proviso shall be inserted, namely :—

“Provided, where Government is the party applying for a summons to a Government servant, it shall not be necessary for it to make any such payment into court.” ;

(ii) sub-rule (4) as inserted by the Allahabad High Court shall be omitted and after sub-rule (4) as inserted by the Code of Civil Procedure (Amendment) Act, 1976, the following sub-rule shall be inserted, namely :—

“(4-A) Allowances, etc. of, Government servant witnesses to be taxed as costs— Any travelling and daily allowances and the salary, payable to a Government servant who attends the Court to give evidence or to produce a document shall, on the amount being certified by such witness be taxable as costs.

“Explanation 1 — The travelling and daily allowances shall be in accordance with the rules governing such allowances, applicable to the Government servant in question.

“Explanation 2 — The daily allowance and salary of the Government servant shall be proportionate to the number of days of his attendance required by the Court.” ;

(b) in rule 4, the following proviso shall be inserted, namely :—

“Provided that nothing in this rule shall apply to a case where the witness is a Government servant summoned at the instance of Government as a party.”

[Vide Uttar Pradesh Act 57 of 1976, s. 8]