APCRPCO Section 97 : Allowances of Public Officers

Act

Summary

Section 97 of The Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, addresses the allowances for public officers summoned as witnesses. It specifies that when a public officer is called in a case involving the government, allowances must align with Order XVI Rule 4(A) of the Code. For Central Government or Railway employees summoned in their official capacity in non-government cases, allowances follow Order XVI, Rule 4-B.

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Explanation using Example

Example 1: Summoning a State Government Officer

Introduction: In a civil suit involving a private company and a local contractor, the private company seeks to summon a state government officer as a witness. The government is a party to the suit.

Application: According to Section 97(1) of The Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, the private company must deposit allowances for the summoned officer in accordance with Order XVI Rule 4(A) of the Code of Civil Procedure.

Outcome: The private company must ensure the correct amount is deposited to avoid delays. Non-compliance could result in the officer not attending, potentially weakening the company's case.

Conclusion: Compliance ensures the officer's attendance, providing crucial testimony. Non-compliance risks procedural setbacks and potential penalties.

Example 2: Summoning a Central Government Employee

Introduction: A private citizen files a lawsuit against a corporation and wishes to summon a Central Government employee as a witness. The government is not a party to this suit.

Application: Under Section 97(2) of The Andhra Pradesh Civil Rules Of Practice And Circu...

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