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Attachment of moneys payable by Government

Government Proceedings Act 1956

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—(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 private person, 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 receiver to receive the money on his behalf, the General Division of the High Court may, subject to the provisions of this Act and in accordance with Rules of Court, make an order restraining the firstmentioned person from receiving that money and directing payment thereof to that other person, or to the receiver.(2) No such order shall be made in respect of any money which is subject to the provisions of any written law prohibiting or restricting assignment or charging or taking in execution.(3) For the purposes of this section, “the Government” shall be deemed to include any public officer who in his official capacity has any money in his custody or control.(4) Subsections (1), (2) and (3) shall, so far as they relate to forms of relief falling within the jurisdiction of a State Court, have effect in relation to State Courts as they have effect in relation to the General Division of the High Court.

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