34. In this Part, all references to prisons or to imprisonment or confinement shall be construed as referring also to Reformatory Schools or to detention therein.

35. Subject to the provisions of section 39, any Civil Court may, if it thinks that the evidence of any person confined in any prison within the local limits of its appellate jurisdiction, if it is High Court Division, or, if it is not High Court Division, then within the local limits of the appellate jurisdiction of the High Court Division to which it is subordinate, is material in any matter pending before it, make an order in the form set forth in the first schedule, directed to the officer in charge of the prison.

36.(1) Where an order under section 35 is made in any civil matter pending,- (a) in a Court subordinate to the District Judge, or (b) in a Court of Small Causes, it shall not be forwarded to the officer to whom it is directed, or acted upon by him, until it has been submitted to, and countersigned by,- (i) the District Judge to which the Court is subordinate, or (ii) the District Judge within the local limits of whose jurisdiction the Court of Small Causes is situate. (2) Every order submitted to the District Judge under sub-section (1) shall be accompanied by a statement, under the hand of the Judge of the subordinate Court or Court of Small Causes, as the case may be, of the facts which in his opinion render the order necessary, and the District Judge may, after considering such statement, decline to countersign the order.

37. Subject to the provisions of section 39, any Criminal Court may, if it thinks that the evidence of any person confined in any prison within the local limits of its appellate jurisdiction, if it is High Court Division, or, if it is not High Court Division, then within the local limits of the appellate jurisdiction of the High Court Division to which it is subordinate, is material in any matter pending before it, or if a charge of an offence against such person is made or pending, make an order in the form set forth in the first or second schedule, as the case may be, directed to the officer in charge of the prison: Provided that if such Criminal Court is inferior to the Court of a Magistrate of the first class, the order shall be submitted to, and countersigned by, the District Magistrate to whose Court such Criminal Court is subordinate or within the local limits of whose jurisdiction such Criminal Court is situated.

38. Where any person, for whose attendance an order as in this Part provided is made, is confined in any district other than that in which the Court making or countersigning the order is situate, the order shall be sent by the Court by which it is made or countersigned to the District or Sub-divisional Magistrate within the local limits of whose jurisdiction the person is confined, and that Magistrate shall cause it to be delivered to the officer in charge of the prison in which the person is confined.

39.(1) Where a person is confined in a prison more than one hundred miles distant from the place where any Court, subordinate to High Court Division, in which his evidence is required, is held, the Judge or presiding officer of the Court in which the evidence is so required shall, if he thinks that such person should be removed under this Part for the purpose of giving evidence in such Court, and if the prison is within the local limits of the appellate jurisdiction of the High Court Division to which such Court is subordinate, apply in writing to the High Court Division, and the High Court Division may, if it thinks fit, make an order in the form set forth in the first schedule, directed to the officer in charge of the prison. (2) The High Court Division making an order under sub-section (1) shall send it to the District or Sub-divisional Magistrate within the local limits of whose jurisdiction the person named therein is confined, and such Magistrate shall cause it to be delivered to the officer in charge of the prison in which the person is confined.

40. Where a person is confined in a prison beyond the local limits of the appellate jurisdiction of High Court Division, any Judge of such Court may, if he thinks that such person should be removed under this Part for the purpose of answering a charge of an offence or of giving evidence in any criminal matter in such Court or in any Court subordinate thereto, apply in writing to the Government of the territories within which the prison is situate, and the Government may, if it thinks fit, direct that the person be so removed, subject to such rules regulating the escort of prisoners as the Government may prescribe.

41. Upon delivery of any order under this Part to the officer in charge of the prison in which the person named therein in confined, that officer shall cause him to be taken to the Court in which his attendance is required, so as to be present in the Court at the time in such order mentioned, and shall cause him to be detained in custody in or near the Court until he has been examined or until the Judge or presiding officer of the Court authorizes him to be taken back to the prison in which he was confined.

42. The Government may by notification in the Official Gazette, direct that any person or any class of persons shall not be removed from the prison in which he or they may be confined; and thereupon, and so long as such notification remains in force, the provisions of this Part, other than those contained in sections 44 to 46, shall not apply to such person or class of persons.

43. In any of the following cases, that is to say,- (a) where the person named in any order made under section 35, section 37 or section 39 appears to be, from sickness or other infirmity, unfit to be removed, the officer in charge of the prison in which he is confined, shall apply to the District or Sub-divisional Magistrate within the local limits of whose jurisdiction the prison is situate, and if such Magistrate, by writing under his hand, declares himself to be of opinion that the person named in the order is, from sickness or other infirmity, unfit to be removed; or (b) where the person named in any such order is under committal for trial; or (c) where the person named in any such order is under a remand pending trial or pending a preliminary investigation; or (d) where the person named in any such order is in custody for a period which would expire before the expiration of the time required for removing him under this Part and for taking him back to the prison in which he is confined; the officer in charge of the prison shall abstain from carrying out the order, and shall send to the Court from which the order has been issued a statement of the reason for so abstaining: Provided that such officer as aforesaid shall not so abstain where,- (i) the order has been made under section 37; and (ii) the person named in the order is confined under committal for trial, or under a remand pending trial or pending a preliminary investigation, and does not appear to be, from sickness or other infirmity unfit to be removed; and (iii) the place, where the evidence of the person named in the order is required, is not more than five miles distant from the prison in which he is confined.

44. In any of the following cases, that is to say,- (a) where it appears to any Civil Court that the evidence of a person confined in any prison within the local limits of the appellate jurisdiction of such Court, if it is High Court Division, or if it is not High Court Division, then within the local limits of the appellate jurisdiction of the High Court Division to which it is subordinate, who, for any of the causes mentioned in section 42 or section 43, cannot be removed, is material in any matter pending before it; or (b) where it appears to any such Court as aforesaid that the evidence of a person confined in any prison so situate and more than ten miles distant from the place at which such Court is held, is material in any such matter; or (c) where the District Judge declines, under section 36, to countersign an order for removal; the Court may, if it thinks fit, issue a commission, under the provisions of the ¹[Code of Civil Procedure, 1908,] for the examination of the person in the prison in which he is confined.

45. Where it appears to High Court Division that the evidence of a person confined in a prison beyond the local limits of its appellate jurisdiction is material in any civil matter pending before it or before any Court subordinate to it, the High Court Division may, if it thinks fit, issue a commission, under the provisions of the ²[Code of Civil Procedure, 1908,] for the examination of the person in the prison in which he is confined.

46. Every commission for the examination of a person issued under section 44 or section 45 shall be directed to the District Judge within the local limits of whose jurisdiction the prison in which the person is confined is situate, and the District Judge shall commit the execution of the commission to the officer in charge of the prison, or to such other person as he may think fit.

47. When any process directed to any person confined in any prison is issued from any Criminal or Revenue Court, it may be served by exhibiting to the officer in charge of the prison the original of the process and depositing with him a copy thereof.

48.(1) Every officer in charge of a prison upon whom service is made under section 47 shall, as soon as may be, cause the copy of the process deposited with him to be shown and explained to the person to whom it is directed, and shall thereupon endorse upon the process and sign a certificate to the effect that such person as aforesaid is confined in the prison under his charge and bas been shown and had explained to him a copy of the process. (2) Such certificate as aforesaid shall be prima facie evidence of the service of the process, and, if the person to whom the process is directed requests that the copy shown and explained to him be sent to any other person and provides the cost of sending it by post, the officer in charge of the prison shall cause it to be so sent.

49. [Omitted by Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.]

50. No order in any civil matter shall be made by a Court under any of the provisions of this Part until the amount of the costs and charges of the execution of such order (to be determined by the Court) is deposited in such Court:Provided that, if upon any application for such order it appears to the Court to which the application is made, that the applicant has not sufficient means to meet the said costs and charges, the Court may pay the same out of any fund applicable to the contingent expenses of such Court, and every sum so expended may be recovered by the Government from any person ordered by the Court to pay the same, as if it were costs in a suit recoverable under the ³[Code of Civil Procedure, 1908].

51.(1) The Government may make rules- (a) for regulating the escort of prisoners to and from Courts in which their attendance is required and for their custody during the period of such attendance; (b) for regulating the amount to be allowed for the costs and charges of such escort; and (c) for the guidance of officers in all other matters connected with the enforcement of this Part. (2) All rules made under sub-section (1) shall be published in the Official Gazette, and shall, from the date of such publication, have the same force as if enacted by this Act.

52. The Government may declare what officer shall, for the purposes of this Part, be deemed to be the officer in charge of a prison.

53. [Repealed by the Repealing and Amending Act, 1914 (Act No. X of 1914).]