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Section 35

Attachment of moneys payable by the Government

of Government Proceedings Act 1956

ActIn forceProvision 26 of 34
Section 35

(1)

Where any money is payable by the Government to some person who, under any order of any court, is liable to pay any money to any other person, and that other person would, if the money so payable by the Government were money payable by a subject, be entitled under rules of court to obtain an order for the attachment thereof 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 High 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 thereof to that other person, or to the sequestrator or receiver.

(2)

No such order shall be made in respect of any money which is subject to any written law prohibiting or restricting assignment or charging or taking in execution.

(3)

No such order shall be made unless and until there shall have been produced in court the written consent to such order, of the Minister of Finance in the case of an order against the Federal

Government, or of the Chief Minister in the case of an order against a State Government.

(4)

For the purposes of this section the word “Government”

shall be deemed to include any public officer who in his official capacity has any money in his custody or control.

(5)

The preceding subsections shall, so far as they relate to forms of relief falling within the jurisdiction of a subordinate

Court, have effect in relation to subordinate Courts as they have effect in relation to the High Court.