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Chapter-XVIII
Attachments
of pay and Allowances for Debt
1801. Extent of deductions The
extent to which the emoluments of a railway servant are exempt from attachment
for debt is laid down in Section 60(1) of the civil Procedure Code, as amended
from time to time.
1802. The emoluments of a railway servant, which to not exceed Rs. 400, are
not attachable. Where the emoluments exceed Rs. 400, one third of the excess
over Rs. 400, only is attachable. The maximum amount attachable by Civil Courts
is calculated as follows.
1803. If the total gross emoluments earned by a railway servant are
represented by X, and the allowances declared to be exempt from attachment (vide
list below) and, if the railway servant is under suspension, any subsistence
grant or allowance made to him, are represented by Y, the net amount attachable,
if any, is-
XY
400
3
(No. E (G) 74 LL- 2/47 of 20-4-77)
The list of allowances payable to a railway
servant which are exempt from attachment by order of a court are:-
| (i) |
All kinds of travelling
allowances; |
| (ii) |
All kinds of conveyance
allowances; |
| (iii) |
All allowances granted for
meeting the cost of uniforms and rations; |
| (iv) |
All allowances granted as
compensation for higher cost of living in localities |
| |
Considered by Government to
be expensive localities including hill stations; |
| (v) |
All house- rent allowances; |
| (vi) |
All allowances granted to
provide relief against the increase in the cost of living; |
| (vii) |
A foreign allowance or,
in the case of diplomatic missions Frais-de-representation, assigned to
officers serving in posts abroad; |
| (viii) |
A Children's Education
allowances allowed under the Office Memorandum No. 19(1)-Est. (Spl.),60 of
the Government of India in the Ministry of Finance dated the 30th June
1963 as amended from time to time; |
| (ix) |
All amounts paid by way of
reimbursement of medical expenses; |
| (x) |
Amount granted as interim
relief on the basis of Interim Report of the III Pay Commission. |
1804. In cases where the whole or any part of the portion of the
attachable moiety has been under attachment, whether continuously or
intermittently, for a total period of 24 months, such portion shall be exempt
from attachment until the expiry of a further period of 12 months, and where
such attachment has been made in execution of one and the same decree, shall
after the attachment has continued for a total period of Twenty four months be
finally exempt from attachment in execution of that decree.
1805. Deductions including those relating to subscriptions to funds
recognised by Government, taxes on income and debt due to Government, should be
made from the non-attachable portion of the pay and allowances of the railway
servant concerned.
1806. The cost, if any, of remittance to a court of money realised under
its attachment order, should be deducted from the amount realised, and the net
amount remitted to the court.
1807. Procedure to be followed in Executive Offices.All prohibitory and
attachment, orders Civil from courts attaching the Pay and allowances of railway
servants are served in duplicate on the officers notified for this purpose by
the Railway Board from time to time by designation under whose jurisdiction the
railway servant is working. The checking clerk responsible for the purpose first
verifies if the attachment order is acceptable or not, i.e., whether the railway
servant against whom the order has been received is already paying some amount
on account of another attachment order. Where the attachable moiety of a railway
servant is already under attachment to the full extent, no deduction on account
of subsequent attachment order, should be made and the attachment order cannot
be accepted. In the salary is not attached to the maximum permissible limits,
the order should be accepted. In the latter case, he should endorse accordingly
on both the copies of the attachment orders and return the original, duly singed
by the officer concerned with the preparation of the salary bill, to the court.
Necessary particulars of the judgment-debtor, the court from which the
attachment order has been received, the amount of the attachment order, etc.,
are then posted from the office copy, in the register of deductions for watching
recovery. An advice for making necessary recoveries is then sent in duplicate to
the bill preparing section of the railway servant concerned with a copy to the
account officer concerned. Unaccepted attachment orders are returned to the
courts in duplicate unacknowledged, explaining the reasons therefor under the
signature of the officer on whom the attachment order has been served. In such
cases, only a remark to the effect that the attachment order has been returned
,is made in the Receipt Register under the signature of the Sub-Head. The
amounts recovered month by month and particulars of the pay bills in which
recovery is effected are also noted in the register of deductions. The amounts
recovered in the pay bills are shown as payable to the courts concerned in the
summary of the pay bills for the guidance of the Pay Clerks. As soon as the full
amount of the attachment order has been recovered, clear remarks indicating the
full satisfaction of the decree should be made in the Register to avoid further
recoveries being made on the same account.
1808. Court attachment against railway servants on leave out of India.
| (i) |
On receipt of advice from
the personnel branch of an attachment order against a railway servant who
is on leave and is drawing leave salary out of India, steps should be
taken to specify in the original or the amended leave salary certificate,
the amount that will have to be deducted from the leave salary in
compliance with the attachment order. This will enable the proper
disbursing authority to make the corresponding deductions in the monthly
bills presented to him for payment. The authorities in India will be
responsible for drawing the amount recoverable monthly in compliance with
the attachment order and remitting it to the court concerned. This
transaction should not, however, be carried through before the 10th of the
month following that to which the portion of leave salary relates. The
allocation of the amount so drawn should follow that of the leave salary
as indicated in the leave salary certificate. |
| (ii) |
In order to Ensure that
the portion of leave salary required in India for compliance with an
attachment order under the procedure indicated above, is not paid for any
period beyond which it is due owing to death or any other case, the
accounting authorities concerned should be instructed to intimate any such
event immediately to the officer issuing the leave salary certificate by
cable if an intimation sent in any other way is not likely to reach his
destination before the 10th succeeding month. |
1809. Procedure in the case of judgment-debtor refusing to draw his pay and
allowances or receive salary. Cases may occur in which the judgment debtor
does not sign the acquittance roll and intentionally allows his pay to remain
undisbursed, or the judgment-debtor being a gazetted railway servant, or not
being a gazetted railway servant, but being permitted to draw his pay on a
separate pay bill, may refrain from preparing his pay bill and drawing' his pay
regularly in order to evade payment on account of attachment order issued by a
court of law. In such circumstances the head of the Office, or in the case of a
gazetted railway servant, the Head of the Department concerned may draw the pay
of the judgment-debtor in satisfaction of the attachment order subject to
restrictions laid down in paragraph 1803, and have the amount remitted to the
court concerned. The amount of pay drawn should be charged in the accounts, the
particulars of the attachment order, being cited in the acquittance roll or the
pay bill, as the case may be, as an authority for the charge, and the court
receipts for the amount should be filed in the register of Deductions.
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