Order XXI Rule 48: Attachment of salary or allowances of public officer or servant of railway company

Attachment of salary or allowances of public officer or servant of railway company or local authority. (1) Where the property to be attached is the salary or allowance of a [servant of the State] or of a servant of a company or local authority, 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 instalments 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 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 [the appropriate Government] 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, 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 revenues of the [Federal Government] or a Provincial Government] or the funds of a railway company carrying on business in any part of [Pakistan] or local authority in [Pakistan]; and [the appropriate Government] or the railway company or local authority, 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 [Federal Government], or any servant * * * of a cantonment authority or of the port authority of a major port, the [Federal Government] ; [* * * * * * *] (iii) as respects any other [Servant of the State] or a servant of any [*]railway or local authority, the Provincial Government.]

Effective date: 1909-01-01

Related sections