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Section 19: Attachment of money payable by State

State Proceedings Act · PART III: JUDGMENT AND EXECUTION

consolidated text (as at 1991). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

19. Attachment of money payable by State (1) (a) Where any money is payable by the State to a person who, under an order of a Court, is liable to pay money to another person, and that other person would, if the money so payable by the State were money payable by a subject, be entitled, under Rules of Court, to obtain an order for the attachment of the money as a debt due or accruing due, or an order for the appointment of a sequestrator or receiver to receive the money on his behalf, the Supreme Court may, subject to this Act, and in accordance with Rules of Court, make an order restraining the first mentioned person from receiving that money and directing payment to that other person, or to the sequestrator or receiver. (b) No order shall be made under paragraph (a) in respect of— (i) wages or salary payable to an officer of the State as such; (ii) money which is subject to an enactment prohibiting or restricting assignment or charging or taking in execution; or (iii) money payable by the State to a person on account of a deposit in the Mauritius Post and Co-operative Bank Limited. (2) Subsection (1) shall, so far as it relates to forms of relief falling within the jurisdiction of a District Court, have effect in relation to District Courts as it has effect in relation to the Supreme Court. [S. 19 amended by Act 48 of 1991.] PART IV – MISCELLANEOUS

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