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State of Bihar - Section

Section 18 in Bihar and Orissa Public Demand Recovery Rules

18. Attachment of salary or allowances of public officer or servant of Railway Company or Local Authority.

- Where the property to be attached is the salary or allowances of a public officer or of a servant of a Railway Company or Local Authority, the Certificate Officer, whether the certificate-debtor or the disbursing officer is or is not within the local limits of the Certificate Officer's jurisdiction, may order that the amount shall be withheld from such salary or allowances, either in one payment or by monthly instalments as the Certificate Officer may direct; and, upon notice of the order to such officer as the State Government may, by notification in the Official Gazette, appoint, in this behalf, the officer or other person whose duty it is to disburse such salary or allowances shall withhold and remit to the Certificate Officer the amount due under the order, or as the case may be.Note. - Under Government Notification No. 7035-R., dated the 12th October, 1915 the officers mentioned in column 2 of the following table have been appointed as officers to whom notices or orders attaching the salary or allowances of the public officers and servants, respectively mentioned opposite to them in column 1 of the table, should be sent -
Certificatedebtor Officer to whom notice should be sent
(1) Public Officers holding Gazetted appointmentsunder the Government of Bihar. Accountant-General, Bihar
(2) Public Officers holding non-Gazettedappointments under the Government, Head of the Office in which thecertificate-debtor is employed.
(3) Servants of local Authorities within the Stateof Bihar. Chairman of the Local Authority under which thecertificate debtor is employed.
(4) Employees of State Railways worked by or beingconstructed by the State. Chief Examiner of Accounts of the Railwayconcerned.
(5) Employees of State Lines worked by Companiesand Companies lines. Chief Auditor of the Railway concerned,
(6) Employees of Arrah-Sasaram Light Railway CompanyLimited, the Bakhtiyarpur-Bihar Light Railway Company Limited,Dehri-Rohtas Light Railway Company Limited, the DarjeelingHimalayan Railway Extension Company Limited. The Managing Agents of the Railway concerned.
(2)Where the attachable proportion of such salary or allowances is already being withheld and remitted to a Certificate Officer or to a Civil Court in pursuance of a previous and unsatisfied order of attachment, the officer appointed by the State Government in this behalf shall forthwith return the subsequent order to the Certificate Officer 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 Central or the State Government or the Railway Company or Local Authority as the case may be, and the Central or the State 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.