Gujarat High Court Criminal Manual (subordinate court practice), 1977
In exercise of the powers conferred by section 544 of the Code of Criminal Procedure, 1898 (V of 1898), in its application to the State of Gujarat and in supersession of the Government of Bombay Notification, Home Department No. PAL-2354, dated the 2nd May, 1956 and all other notifications on the subject the Government of Gujarat hereby makes the following rules namely :— 1. These rules may be called the Gujarat Payment of Expenses to witnesses (Officers of other Governments) Rules, 1963. 2. If an officer of any of the reciprocating Governments (other than an officer of a Commercial Department or an officer called as a technical or expert witness within the meaning of section 45 of the Indian Evidence Act, 1872) attends any Criminal Court in the State of Gujarat as a witness, in a case in which Government is a party, to give evidence in respect of facts which have come to his knowledge in the discharge of his official duties, he shall, on production of a certificate of attendance issued by such court, be paid travelling allowance and other expenses, if any, at the rate sanctioned by the State Government under whom he may be serving for the class of officers to which he belongs. The charge on account of such expenses shall be borne by the Government under whom such officer is serving. 3. If such an officer attends any Criminal Court in the State of Gujarat as a witness in a case in which Government is not a party, to give evidence in respect of facts which have come to his knowledge in the discharge of his official duties, he shall be paid by such court travelling allowance and other expenses, if any, at the rates referred to in rule 2 but the charge on account of such expenses shall be borne by the Government of Gujarat. 4. If an officer of any of the reciprocating Governments belonging to a Commercial Department, or to the class of technical or expert witness within the meaning of section 45 of the Indian Evidence Act, 1872, is called to give evidence before any Criminal Court in the State of Gujarat, he shall, first be paid his pay for the period of his absence from his head quarters and travelling allowance and other expenses due to him by the Government under whom he is serving according to its rules and subsequently be recovered from the Government of Gujarat. 5. For the purpose of these rules "reciprocating Government" means each of the Governments specified in the schedule appended hereto, which has arrived at a reciprocal arrangement with the Government of Gujarat in terms of the foregoing provisions of these rules in the matter of payment of expenses to the officers of the State of Gujarat when they appear as witnesses in Criminal Courts in the territory of the reciprocating State.