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Chapter 18

November 20, 2011

INDIAN RAILWAY ESTABLISHMENT Manual (Vol – II)

||  Index  ||  Chapter 17  ||  Chapter 18  ||  Chapter 19  ||  Chapter 20  ||  Chapter 21  ||
|| 
 Chapter 22  || Chapter 23  ||  Chapter 24  ||  Chapter 25  ||  Chapter 26  ||

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-

X�Y
���� � 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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