• Statutory Acts and Laws Governing salary deductions by central government employer & RBI

My mother filed a maintenance case against me in District Family court, to which the judge awarded a judgment of 10,000/- per month maintenance allowance to be paid to her. I appealed for a stay against the judgement in High Court of Odisha. They stay was not granted, and based on that the District FC judge gave an execution order wherein he directed my employer (RBI) to deduct the arrear amount of 3,60,000/- in 3 equal instalments of 1,20,000/- per month for 3 consecutive months from my salary and submit the same in the court, and also asked RBI to continue making a deduction of 10,000/- per month and pay my mother (my gross salary was attached to the order, i.e., approx Rs. 2,00,000/-). My gross salary is approx. Rs. 2,00,000/- but after all deductions, the net salary that I take home every month is approx Rs. 80,000/-. How can a judge order recovery of 1,20,000/- per month from a net salary of 80,000/- that too for a consecutive period of 3 years? isn't it unfair and gross violation of my basic rights concerning my salary. I have the following questions:

1. Can a judge order recovery of maintenance by attachment of salary, and if so, what procedure should be followed by him?
2. Can RBI be an executory authority for recovery of the arrear maintenance and deduct anything from my salary?
3. What are the Laws governing salary deductions permitted for an employee of RBI; what are statutory deductions and non statutory deductions allowed? Is an employer permitted to do deductions on an employees salary based on mere court orders, when the case arises out of family dispute and not of the sector under which the employer and the employee function?
4. Do we have separate laws that regulate and control salary deductions of central govt, state govt, and independent body such as RBI (I am in a senior managerial position), I want to know what laws protect my salary and deductions under it.
5. Shouldn't the executed order have addressed me directly to pay the arrear and continuing maintenance, asking me to follow some procedure to adhere to, instead of involving my employer?
Asked 4 years ago in Labour

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10 Answers

Dear Client,

Many High courts have already ruled that to recover maintenance, attachment of salary is valid.

Yes, by ordering to employer.

RBI is not but bound to comply the order of court, otherwise contempt,

Attachment of salary to recover fine, monies etc governing legal provision in Code of Criminal Procedure, and once court pass some order in this regard, no authority can over look it except to file appeal if effected.

Court order is binding on all bodies , whether RBI or SEBI. CrPC - central legislative enacted act, bind all over India, except J & K.

You failed to complied the order, so execution filed. Approach court and submit the maintenance, court will recall the order or same request before High Court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) judge can order recovery of maintenance by attachment of salary

2) RBI is bound to comply with court orders

3) employer is permitted to do deductions on an employees salary based on mere court orders,

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. Yes the salary can be attached as provided under order 21 Rule 48 for the execution orders. The procedure mentioned and rule is as below.:

48. Attachment of salary or allowances of servant of the government or railway company or local authority.- (1) Where the property to be attached is the salary or allowances of a servant of the Government or of a servant of a railway company or local authority or of a servant of a corporation engaged in any trade or industry which is established by a Central, Provincial or State Act, or a government company as defined in section 617 of the Companies Act, 1958 (1 of 1956), the court, whether the judgment debtor or the disbursing officer is or is not within the local limits of the court’s jurisdiction, may order that the amount shall, subject to the provisions of section 60, be withheld from such salary or allowances either in one payment or by monthly instalments as the court may direct; and, upon notice of the order to such officer as the appropriate government may by notification in the Official Gazette appoint in this behalf,—

(a) where such salary or allowances are to be disbursed within the local limits to which this Code for the time being extends, the officer or other person whose duty it is to disburse the same shall withhold and remit to the court the amount due under the order, or the monthly instalments, as the case may be;

(b) where such salary or allowances are to be disbursed beyond the said limits, the officer or other person within those limits whose duty it is to instruct the disbursing authority regarding the amount of the salary or allowances to be disbursed shall remit to the court the amount due under the order, or the monthly instalments, as the case may be, and shall direct the disbursing authority to reduce the aggregate of the amounts from time to time, to be disbursed by the aggregate of the amounts from time to time remitted to the Court.

(2) Where the attachable proportion of such salary or allowances is already being withheld and remitted to a court in pursuance of a previous and unsatisfied Order of attachment, the officer appointed by the appropriate government in this behalf shall forthwith return the subsequent Order to the Court 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 appropriate government or the railway company or local authority or corporation or government company, as the case may be, while the judgment debtor is within the local limits to which this Code for the time being extends and while he is beyonds those limits, if he is in respect of any salary or allowances payable out of the consolidated Fund of India or the Consolidated Fund of the State or the funds of a railway company or local authority or corporation or government company in India; and the appropriate government or the railway company or local authority or corporation or government company, as the case may be, shall be liable for any sum paid in contravention of this rule.

Explanation: In this rule, “appropriate government” means,—

(i) as respects any person in the service of the Central Government, or any servant of a railway administration or of a cantonment authority or of the port authority of a major port, or any servant of a corporation engaged in any trade or industry which is established by a Central Act, or any servant of a government company in which any part of the share capital is held by the Central Government or by more than one State government or partly by the Central Government and partly by one or more State Governments, the Central Government;

(ii) as respects any other servant of the Government, or a servant of any other local or other authority, or any servant of a corporation engaged in any trade or industry which is established by a Provincial or State Act, or a servant of any other government company, the State Government.

2. Yes upon order of court RBI is bound by order of court and they can legally do so.0

3.Respected Sir kindly understand it is not mere order of Court. It is order of the Court if RBI donot do so there shall be contempt. Under the procedure laws of the country CPC and CrpC the court are empowered to pass such order and for execution the attachment is legally allowed.

4. If there court order of execution the procedural law is only applicable rest for other statutory deduction other laws are there.

5. Sir file an appeal before the high court on execution order file an undertaking that you shall deposit such arrears further can seek some relief in arrears before court and can pray before court to set aside the salary deduction order.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Salary to the extent of first `1000 is not liable to attachment

2) Then again 2/3rd of the remainder is also not liable to attachment

3) so basically only one third of salary can be attached

4) section 60 of code of civil procedure

60. (1)(i) salary to the extent of 1[the first [ [one thousand rupees]] and two-thirds of the remainder] 4[in execution of any decree other than a decree for maintenance]:

[Provided that where any part of such portion of the salary as is liable to attachment has been under attachment,

whether continuously or intermittently, for a total period of twenty-four months, such portion shall be exempt from

attachment until the expiry of a further period of twelve months, and, where such attachment has been made in execution

of one and the same decree, shall, after the attachment has continued for a total period of twenty-four months, be finally

exempt from attachment in execution of that decree;

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Salary upto 1000 not liable to be attach.

Than 2/3 of remainder not liable to be attach. Rest is attachable.

Provision of sec 7 will apply read with sec 7(2)(h).

same u should have challenged in appeal.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Section 60 CPC provide attachment of Salary : for any maintenance order 2/3 salary can be attached,

Section 60 provides what cannot be attached so according to the provision in other orders first thousand and 2/3 remainder cannot be attached further in , maintenance 1/3 salary cannot be attached.

The following particulars shall not be liable to such attachment or sale, namely:—

(i) salary to the extent of the first one thousand rupees and two-thirds of the remainder in execution of any decree other than a decree for maintenance:

Provided that where any part of such portion of the salary as is liable to attachment has been under attachment, whether continuously or intermittently, for a total period of twenty four months, such portion shall be exempt from attachment until the expiry of a further period of twelve months, and, where such attachment has been made in execution of one and the same decree, shall, after the attachment has continued for a total period of twenty four months, be finally exempt from attachment in execution of that decree;

(ia) one-third of the salary in execution of any decree for maintenance;

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

A judge can award a attachment for salary but in your case the percentage is too high. You can file SLP in SC for the same.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

1. when the family court order was passed awarding maintenance to your mother and you filed an appeal against that order with a stay application - the mere filing of an appeal does not stay the order of the lower court

2. so the maintenance to be paid by you remained in arrears from the date of the order till the disposal of the stay application

3. you should have paid the maintenance and not have waited till disposal of stay application

4. the executing court has all powers to order and direct your employer to make maintenance payment from your salary

5. your employer will be bound by the court' order

6. since the arrears is divided into 3 instalments and each instalment is higher than your take home, you can simply file an application to the executing court to increase the number of instalments so that each instalment is lesser than your take home salary

7. the court will allow that application because you are willing to pay but in greater instalments and also it would be fair if each instalment is kept lower than your take home. Explain it to the court and it will surely understand

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

1. Can a judge order recovery of maintenance by attachment of salary, and if so, what procedure should be followed by him?

It is a discretionary power of the court to pass such orders, there is a provision in law for such discretionary powers.

You cannot agitate on this in this manner, it will be treated as contempt of court.

If you are aggrieved by this order then you may prefer an appeal agaisnt the order before the appellate courts.

2. Can RBI be an executory authority for recovery of the arrear maintenance and deduct anything from my salary?

The RBI being a garnishee, has to obey the orders of court. RBI as an employer is doing this by the order of court.

Even this procedure is as per law.

This law has not been framed for you exclusively, it is law of the land, common and applicable for all the citizens of the country.

3. What are the Laws governing salary deductions permitted for an employee of RBI; what are statutory deductions and non statutory deductions allowed? Is an employer permitted to do deductions on an employees salary based on mere court orders, when the case arises out of family dispute and not of the sector under which the employer and the employee function?

What do you mean by mere court order?

Do you think the court so cheap?RBI being your employer has to obey the court.

RBI is not above court,

Better have a control over your language in this regard especially when you are into such public forums.

4. Do we have separate laws that regulate and control salary deductions of central govt, state govt, and independent body such as RBI (I am in a senior managerial position), I want to know what laws protect my salary and deductions under it.

Senior managerial position doe not means that you will ignore the law of the land. Your salary is protected but when it comes to court then you have to obey the court order.It is no doubt the dispute within your family but since she has approached court, it becomes your duty to obey the court or else the law will take its own course of action the consequences of which would ruin your career.

5. Shouldn't the executed order have addressed me directly to pay the arrear and continuing maintenance, asking me to follow some procedure to adhere to, instead of involving my employer?

Since you failed to pay, the court has passed orders to the garnishee to deduct the same from your salary.

Instead of agitating over the court decision, better go through and understand the law in this regard properly and then decide what can be done on it.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

How much amount can be deducted in one salary cycle? isn't their any law that controls the maximum amount to be deducted from an employee's salary in one wage period to not exceed 50% , according to payment of wages Act, 1936, section 7? I need some clarity on it.

Under such circumstances the court may pass order for deductions upto 2/3rd of your salary

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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