O.21 R.48: In Execution proceeding,
Application for attachment of Salary, etc.
The accrual of cause of action to
file this Application:
The
Application may be taken in the form of a Notice of Motion / Notice / Exhibit,
as may be prescribed under the applicable provision of law, and duly verified
by the Applicant.
O.21 Rule 48: Attachment of salary or
allowances of servant of the Government or railway company or local authority
(1)
Where the property to be attached is the salary or allowances of a servant
of the Government or of a servant of a railway company or local authority or of
a servant of a corporation engaged in any trade or industry which is
established by a Central, Provincial or State Act, or a Government company as
defined in section 617 of the Companies Act, 1956 (1 of 1956)], the Court,
whether the judgment-debtor or the disbursing officer is or is not within the
local limits of the Court's jurisdiction, may order that the amount shall,
subject to the provisions of section 60, be withheld from such salary or
allowances either in one payment or by monthly installments as the Court may
direct; and, upon notice of the order to such officer as the appropriate
Government may by notification in the Official Gazette appoint in this
behalf-
(a)
where such salary or allowances are to be disbursed within the local limits to
which this Code for the time being extends, the officer or other person whose
duty it is to disburse the same shall withhold and remit to the Court the
amount due under the order, or the monthly installments, as the case may be;
(b)
where such salary or allowances are to be disbursed beyond the said limits, the
officer or other person within those limits whose duty it is to instruct the
disbursing authority regarding the amount of the salary or allowances to be
disbursed shall remit to the Court the amount due under the order, or the
monthly installments, as the case may be, and shall direct the disbursing
authority to reduce the aggregate of the amounts from time to time' to be
disbursed by the aggregate of the amounts from time to time remitted to the
Court.
(2)
Where the attachable proportion of such salary or allowances is already being
withheld and remitted to a Court in pursuance of a previous and unsatisfied
order of attachment, the officer appointed by 39 [the appropriate
Governments] in this behalf shall forthwith return the subsequent order to the
Court issuing it with a full statement of all the particulars of the existing
attachment.
(3)
Every order made under this rule, unless it is returned in accordance with the
provisions of sub-rule (2) shall, without further notice or other process, bind
the appropriate Government or the railway company or local authority or
corporation or Government company, as the case may be, while the
judgment-debtor is within the local limits to which this Code for the time
being extends and while he is beyond those limits, if he is in receipt of any
salary or allowances payable out of the Consolidated Fund of India or the
Consolidated Fund of the State or the funds of a railway company or local
authority or corporation or Government company in India; and the appropriate
Government or the railway company or local authority or corporation or
Government company, as the case may be, shall be liable for any sum paid in
contravention of this rule.
Explanation.-In
this rule, "appropriate Government" means,-
(i)
as respects any person in the service of the Central Government, or any servant
of a railway administration or of a cantonment authority or of the port
authority of a major port, or any servant of a corporation engaged in any trade
or industry which is established by a Central Act, or any servant of a
Government company in which any part of the share capital is held by the
Central Government or by more than one State Governments or partly by the
Central Government and partly by the one or more State Governments, the Central
Government;
(ii)
as respects any other servant of the Government, or a servant of any other or local
authority, or any servant of a corporation engaged in any trade or industry
which is established by a Provincial or State Act, or a servant of any other
Government company, the State Government.
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