246.
| (1) Before an attachment of salary order is made, the Judge shall notice the person on whom he proposes to serve the order to show cause, if any, why such order should not be made and to require him to furnish to the court, within such period as may be specified in such order, the salary particulars of the accused |
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| (2) The Judge may also by an order served on the accused require him to furnish to the court, within such period as may be prescribed, a statement specifying-
| | (i) the name and address of his employer, or of his employers, if he has more than one employer; | | |
| | (ii) such particulars as to his salary as may be within his knowledge; and | | |
| | (iii) such other particulars as are required or necessary to enable his employer or employers to identify him. | | |
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| (3) A document purporting to be such a statement as is mentioned in subsection (2) shall, in any proceedings in any court, be received in evidence and be deemed to be such a statement without further proof unless the contrary is shown. |
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| (4) In determining the amount to be deducted from the salary, the Judge shall have regard to the resources and needs of the accused and the needs of any of his dependants. |
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| (5) An attachment of salary order shall not come into force until the expiration of fourteen days from the date on which a copy of the order is served on the person to whom the order is directed. |
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| (6) A person to whom an attachment of salary order is directed shall, subject to the provisions of this section, comply with the order or, if the order is subsequently varied by court, with the order as so varied. |
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| (7) For the purposes of this section-
| | (a) where the accused is a State officer, the head of the department to which he is for the time being attached shall be deemed to be his employer; and | | |
| | (b) where the accused is employed in any local authority, the Commissioner, if it be a Municipal Council, or the Secretary, if it be an Urban Council or a Town Council, or the Chairman, if it be a Village Council, as the case may be, shall be deemed to be his employer. | | |
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| (8) Where on any occasion on which any deductions have to be made from the salary of an accused in pursuance of an attachment of salary order, there are in force two or more attachment of salary orders relating to such salary, then, for the purpose of complying with this section the employer shall-
| | (a) deal with such orders according to the respective dates on which they came into force, disregarding any subsequent order until any earlier order has been dealt with; and | | |
| | (b) deal with any subsequent order as if the salary to which such order relates was the residue of the accused's salary after making any payments in pursuance of an earlier order. | | |
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| (9) An employer who, in pursuance of an attachment of salary order, makes any payment to court under this section shall forthwith give to the accused a statement in writing specifying the amount deducted from his salary in pursuance of such order. |
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| (10) Any employer who fails or neglects to comply with an attachment of salary order shall be liable on conviction by a Magistrate's Court to a fine: |
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| (11) For the purposes of this section, the expression " salary " includes all allowances and wages. |
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Sri Lanka Consolidated Acts