The sum so paid into Court shall be tendered to the person summoned, at the time of serving the summons, if it can be served personally.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Bombay].-In Order XVI, rule 3, substitute a colon for the full stop appearing at the endof rule 3 and add thereafter the following proviso: "Provided that where the witness is a public officer to whom the Civil Service Regulations apply and is summoned to give evidence of facts which have come to his noticeor of facts which he has had to deal, in his official capacity, or to produce a document from public records, the sum payable by the party obtaining the summons on account of his travelling and other expenses shall not be tendered to him. Such officer shall, however, be required to produce a certificate duly signed by the Head of his office showing the rates of travelling and other allowances admissible to him as for a journey on tour."-(1-10-1983). [Calcutta].-Substitute the following for rule 3: "3. The sum so fixed shall be tendered to the person summoned, at the time of serving of the summons, if it can be served personally: Provided- (i) that where the person summoned is a servant of any State Government whose pay exceeds Rs. 10 per mensem or whose headquarters are situated more than five miles from the Court, and he has been summoned to appear as a witness in his official capacity in a civil case to which Government is a party, the sum so fixed shall be credited to the Treasury; (ii) that where the person summoned is a finger-print expert of the Criminal Investigation Department and he is summoned to give evidence in private cases the sum so fixed, other than his travelling allowance, shall be credited to the Treasury; (iii) that where the person summoned is the Government Examiner of questioned documents or his assistant and is summoned to give evidence or his opinion is sought in private cases the sum so fixed be credited to the Treasury; (iv) that where the person summoned is a servant of the Central Government or a State Railway or any other Commercial Department of Government and he is summoned to give evidence in his public capacity in a civil case, whether Government is or is not a party, the sum so fixed shall be credited in the Treasury to the Government or the State Railway, as the case maybe, to which the employee belongs; and (v) that where the person summoned is a State Railway employee and is summoned to give evidence in his private capacity in a civil Court in Assam, the sum so fixed shall be credited to the Railway to which he belongs."-(8-3-1948). [Delhi].Same as that of Punjab. [Gauhati].-Same as that of Calcutta. [Gujarat].-Proviso-Same as Bombay except that the last sentence in the proviso has been omitted.-(17-8-1961). [Himachal Pradesh].-Same as that of Punjab. [Kerala].-In rule 3, the following shall be added as para (2), namely: "In the case of employees of the Central Government or the State Government or Railway Administration, sums paid into Court as subsistence allowance or compensation shall be credited in the Treasury to the credit of the Central Government or the State Government or the Railway Administration, as the case may be."-(9-6-1959). [Madhya Pradesh].-For rule 3, substitute the following: "3. (1) The sum so paid into Court shall, except in case of a Government servant or a State Railway employee, be tendered to the person summoned, at the time of serving the summons, if it can be served personally. (2) Where a party other than Government in a suit requests the Court to summon a Government servant or a Railway employee as a witness or to produce official documents, the party shall deposit with the Court a sum, which in the opinion of the Court, will be sufficient to defray the travelling and other allowances of the Government servant or the Railway employee, as the case may be, as for a journey on tour and out of the sum so deposited the Court shall pay to the Government servant or the Railway employee concerned, the amount of travelling and other allowances admissible to him as for a journey on tour."-(16-9-1960). [Madras].-The following shall be added as a separate paragraph to rule 3, namely:- "In the case of employees of the Central Government or a State Railway sum paid into Court as subsistence allowance or compensation shall be credited in the Treasury to the credit of the Central Government or State Railway as the case may be." [Orissa].-Same as that of Patna (except for the letter and figure "Rs. 10" substitute "Rs. 200)."-(25-5-1984). [Patna].-Add the following as proviso to rule 3 of Order 16: "Provided that when the person summoned is an officer of Government, who has been summoned to give evidence in a case to which Government is a party, of facts which have come to his knowledge, or of matters which he has had to deal, in his public capacity, then (i) if the officer's salary does not exceed Rs. 10 a month, the Court shall, at the time of the service of the summons, make payment to him of his expenses as determined by rule 2 and recover the amount from the Treasury; (ii) if the officer's salary exceeds Rs. 10 a month, and the Court is situated not more than five miles from his headquarters, the Court may, at its discretion on his appearance, pay him the actual travelling expenses incurred; (iii) if the officer's salary exceeds Rs. 10 a month and the Court is situated more than five miles from his headquarters, no payment shall be made to him by the Court. In i such cases any expenses paid into Court under rule 2 shall be credited to Government." [Punjab].-For rule 3 substitute the following: "3. Tender of expenses to witness.- (1) The sum paid into a Court shall, except in the case of a Government servant, be tendered to the person summoned, at the time of serving the summons, if it can be served personally. (2) When the person summoned is a Government servants the sum so paid into Court shall be credited to Government. Exception (1).-In cases in which Government servants have to give evidence at a Court situate not more than five miles from their headquarters, actual travelling expenses incurred by them may, when the Court considers it necessary, be paid to them. Exception (2).-A Government servant, whose salary does not exceed Rs. 10 per mensem, may receive his expenses from the Court." [Rajasthan].-Substitute for rule 3 the following: "The sum so paid into Court may, and if so required by the person summoned, c._ll be tendered to him at the time of serving the summons, if it can be served personally."-(24-7-1954). Order 16, Rule 3-A [Bombay].-In Order XVI, after the existing rule 3 (with the proviso last added thereto) add the following rule with marginal note as new rule 3-A and its marginal note: "3-A. Special provision for public servants summoned as witnessses in suits in which the Government is not a party.-(1) Notwithstanding anything contained in the foregoing rules, in all suits or other proceedings to which the Government is not a party, where a servant of the Central Government or a railway employee is summoned to give evidence and/or to produce documents in his official capacity, the Court shall direct the party applying for summons to deposit such sum of money as will, in the opinion of the Court be sufficient to defray the travelling and other expenses of the officer concerned as for a journey on tow; and on the deposit of such sum, the Court shall direct the summons to be issued and, out of the sum so deposited or out of any further sum which the Court may subsequently direct the party applying for summons to deposit, the Court shall, on the appearance before the Court of the officer summoned, pay him the amount of travelling and other expenses admissible to him as for a journey on tour under the rules applicable to his service. (2) The officer appearing before the Court in accordance with sub-rule (1) shall produce a certificate duly signed by the head of his office, showing the rates of travelling and other allowances admissible to him as for a journey on tour, and the amount payable to him by the Court shall be computed on the basis of rates specified in such certificate."-(1-10-1983). [Gujarat].-Same as Bombay except that for the words "official capacity" the words "public capacity" have been substituted.-(17-8-1961 and 16-4-1970).

The sum so paid into Court shall be tendered to the person summoned, at the time of serving the summons, if it can be served personally.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Bombay].-In Order XVI, rule 3, substitute a colon for the full stop appearing at the endof rule 3 and add thereafter the following proviso: "Provided that where the witness is a public officer to whom the Civil Service Regulations apply and is summoned to give evidence of facts which have come to his noticeor of facts which he has had to deal, in his official capacity, or to produce a document from public records, the sum payable by the party obtaining the summons on account of his travelling and other expenses shall not be tendered to him. Such officer shall, however, be required to produce a certificate duly signed by the Head of his office showing the rates of travelling and other allowances admissible to him as for a journey on tour."-(1-10-1983). [Calcutta].-Substitute the following for rule 3: "3. The sum so fixed shall be tendered to the person summoned, at the time of serving of the summons, if it can be served personally: Provided- (i) that where the person summoned is a servant of any State Government whose pay exceeds Rs. 10 per mensem or whose headquarters are situated more than five miles from the Court, and he has been summoned to appear as a witness in his official capacity in a civil case to which Government is a party, the sum so fixed shall be credited to the Treasury; (ii) that where the person summoned is a finger-print expert of the Criminal Investigation Department and he is summoned to give evidence in private cases the sum so fixed, other than his travelling allowance, shall be credited to the Treasury; (iii) that where the person summoned is the Government Examiner of questioned documents or his assistant and is summoned to give evidence or his opinion is sought in private cases the sum so fixed be credited to the Treasury; (iv) that where the person summoned is a servant of the Central Government or a State Railway or any other Commercial Department of Government and he is summoned to give evidence in his public capacity in a civil case, whether Government is or is not a party, the sum so fixed shall be credited in the Treasury to the Government or the State Railway, as the case maybe, to which the employee belongs; and (v) that where the person summoned is a State Railway employee and is summoned to give evidence in his private capacity in a civil Court in Assam, the sum so fixed shall be credited to the Railway to which he belongs."-(8-3-1948). [Delhi].Same as that of Punjab. [Gauhati].-Same as that of Calcutta. [Gujarat].-Proviso-Same as Bombay except that the last sentence in the proviso has been omitted.-(17-8-1961). [Himachal Pradesh].-Same as that of Punjab. [Kerala].-In rule 3, the following shall be added as para (2), namely: "In the case of employees of the Central Government or the State Government or Railway Administration, sums paid into Court as subsistence allowance or compensation shall be credited in the Treasury to the credit of the Central Government or the State Government or the Railway Administration, as the case may be."-(9-6-1959). [Madhya Pradesh].-For rule 3, substitute the following: "3. (1) The sum so paid into Court shall, except in case of a Government servant or a State Railway employee, be tendered to the person summoned, at the time of serving the summons, if it can be served personally. (2) Where a party other than Government in a suit requests the Court to summon a Government servant or a Railway employee as a witness or to produce official documents, the party shall deposit with the Court a sum, which in the opinion of the Court, will be sufficient to defray the travelling and other allowances of the Government servant or the Railway employee, as the case may be, as for a journey on tour and out of the sum so deposited the Court shall pay to the Government servant or the Railway employee concerned, the amount of travelling and other allowances admissible to him as for a journey on tour."-(16-9-1960). [Madras].-The following shall be added as a separate paragraph to rule 3, namely:- "In the case of employees of the Central Government or a State Railway sum paid into Court as subsistence allowance or compensation shall be credited in the Treasury to the credit of the Central Government or State Railway as the case may be." [Orissa].-Same as that of Patna (except for the letter and figure "Rs. 10" substitute "Rs. 200)."-(25-5-1984). [Patna].-Add the following as proviso to rule 3 of Order 16: "Provided that when the person summoned is an officer of Government, who has been summoned to give evidence in a case to which Government is a party, of facts which have come to his knowledge, or of matters which he has had to deal, in his public capacity, then (i) if the officer's salary does not exceed Rs. 10 a month, the Court shall, at the time of the service of the summons, make payment to him of his expenses as determined by rule 2 and recover the amount from the Treasury; (ii) if the officer's salary exceeds Rs. 10 a month, and the Court is situated not more than five miles from his headquarters, the Court may, at its discretion on his appearance, pay him the actual travelling expenses incurred; (iii) if the officer's salary exceeds Rs. 10 a month and the Court is situated more than five miles from his headquarters, no payment shall be made to him by the Court. In i such cases any expenses paid into Court under rule 2 shall be credited to Government." [Punjab].-For rule 3 substitute the following: "3. Tender of expenses to witness.- (1) The sum paid into a Court shall, except in the case of a Government servant, be tendered to the person summoned, at the time of serving the summons, if it can be served personally. (2) When the person summoned is a Government servants the sum so paid into Court shall be credited to Government. Exception (1).-In cases in which Government servants have to give evidence at a Court situate not more than five miles from their headquarters, actual travelling expenses incurred by them may, when the Court considers it necessary, be paid to them. Exception (2).-A Government servant, whose salary does not exceed Rs. 10 per mensem, may receive his expenses from the Court." [Rajasthan].-Substitute for rule 3 the following: "The sum so paid into Court may, and if so required by the person summoned, c._ll be tendered to him at the time of serving the summons, if it can be served personally."-(24-7-1954). Order 16, Rule 3-A [Bombay].-In Order XVI, after the existing rule 3 (with the proviso last added thereto) add the following rule with marginal note as new rule 3-A and its marginal note: "3-A. Special provision for public servants summoned as witnessses in suits in which the Government is not a party.-(1) Notwithstanding anything contained in the foregoing rules, in all suits or other proceedings to which the Government is not a party, where a servant of the Central Government or a railway employee is summoned to give evidence and/or to produce documents in his official capacity, the Court shall direct the party applying for summons to deposit such sum of money as will, in the opinion of the Court be sufficient to defray the travelling and other expenses of the officer concerned as for a journey on tow; and on the deposit of such sum, the Court shall direct the summons to be issued and, out of the sum so deposited or out of any further sum which the Court may subsequently direct the party applying for summons to deposit, the Court shall, on the appearance before the Court of the officer summoned, pay him the amount of travelling and other expenses admissible to him as for a journey on tour under the rules applicable to his service. (2) The officer appearing before the Court in accordance with sub-rule (1) shall produce a certificate duly signed by the head of his office, showing the rates of travelling and other allowances admissible to him as for a journey on tour, and the amount payable to him by the Court shall be computed on the basis of rates specified in such certificate."-(1-10-1983). [Gujarat].-Same as Bombay except that for the words "official capacity" the words "public capacity" have been substituted.-(17-8-1961 and 16-4-1970).