5. The following new sections are hereby inserted immediately after section 8, and shall have effect as sections 8A and 8B, of the principal enactment: -
| 8A.
| | (1) If, on the application of a person entitled to receive any payment under an order of maintenance, it appears to the Magistrate that the defendant has defaulted in the payment of maintenance due for a period exceeding two months, the Magistrate may, after due inquiry, by an order, hereinafter referred to as an "attachment of salary order ", require the person to whom the order is directed, being a person appearing to the Magistrate to be the defendant's employer, to deduct, for such period as may be specified in the order, such amount from the defendant's salary as may be specified in the order and forth with to remit that amount to the Court. | | |
| | (2)
| | | (a) Before an order is made under subsection (1) of this section, the Magistrate shall notice the person on whom he proposes to serve an order under that subsection to show cause, if any, why an order should not be made under that subsection and to require him to furnish to the Court, within such period as may be specified in such order. the salary particulars of the defendant. Any order made under subsection (1) of this section may be the subject of an appeal to the Supreme Court by any person aggrieved by such order but notwithstanding such appeal, the Magistrate may decide to continue proceedings under this Ordinance. The provisions of section 17 of this Ordinance shall apply to or in relation to every such appeal. |
| (b) The Magistrate may also by an order served on the defendant require him to furnish to the Court, within such period as may be specified in such order, a statement specifying-
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| | (3) A document purporting to be such a statement as is mentioned in subsection (2) (b) of this section 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. | | |
| | (4) The Magistrate shall not make an attachment of salary order if it appears to him that the failure of the defendant to make any payment in accordance with the order of maintenance in question was not due to his wilful refusal or culpable neglect. | | |
| | (5) In determining the amount to be deducted in terms of subsection (1) of this section, the Magistrate shall have regard to the resources and needs of the defendant and the needs of the person, payment of whose maintenance is in default. | | |
| | (6) 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. | | |
| | (7) An attachment of salary order may, on the application of the defendant or the person entitled to receive payments under the order of maintenance, be discharged or varied. | | |
| | (8) A person to whom an attachment of salary order is directed shall, subject to the provisions of this Ordinance, comply with the order or, if the order is subsequently varied under subsection (7) of this section, with the order as so varied. | | |
| | (9) For the purposes of this section,-
| | | (a) where the defendant is a public servant, 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 defendant is a member of the Local Government Service and employed in any local authority, the Commissioner, if it be a Municipal Council, or the Chairman, if it be an Urban Council or a Town Council or a Village Council, as the case may be, shall be deemed to be his employer. |
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| | (10) Where on any occasion on which any deductions have to be made from the salary of a defendant 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 purposes 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 defendant's salary after making any payments in pursuance of an earlier order. |
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| | (11) An employer who, in pursuance of an attachment of salary order, makes any payment to Court under this section shall forthwith give to the defendant a statement in writing specifying the amount deducted from his salary in pursuance of such order. | | |
| | (12) Where any payment is made by an employer in pursuance of an attachment of salary order, the Court shall forthwith pay that amount to the person who is entitled to receive the same. | | |
| | (13) 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 not exceeding two hundred rupees and in the case of a second or subsequent conviction in respect of the same attachment of salary order, to a fine not exceeding five hundred rupees: | | |
| | (14) The provisions of this section shall have effect notwithstanding any thing in any other written law. | | |
| | (15) For the purposes of this section, the expression " salary " includes all allowances and wages. | | |
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| 8B.
| | (1) Where an order for maintenance is made under the provisions of this Ordinance, the Magistrate may direct the defendant that the amount of the payment due under such order shall be deposited each month on or before such date as may be specified in such order in favour of the person entitled to such payment, at such post office, bank or divisional revenue officer's office as may be specified in such order, and the amount so deposited may be drawn by such person from such post office, bank or divisional revenue officer's office, and it shall be the duty of the officer for the time being in charge of such post office, bank or divisional revenue officer's office to pay that amount to the person entitled thereto upon application made in that behalf. | | |
| | (2) Where a direction has been made under subsection (1) of this section and there has been default in the deposit of payments as specified in such direction, the officer for the time being in charge of such post office, bank or divisional revenue officer's office shall report such default to the Court within seven days of such default and the Magistrate may in such event, notice the defendant to show cause why he should not be dealt with for such default, and if satisfied after due inquiry that there has been any default, impose such punishment as is provided by this Ordinance.'. | | |
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Sri Lanka Consolidated Acts