Enforcement of maintenance order

(1) A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974), and shall be executed in the manner prescribed for the execution of such order by that Code. (2) An order for maintenance may be executed either by the Tribunal which passed it or by other Tribunal or ordinary court to which is sent for execution. 8 THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND DEPENDANTS ACT, 2001 (3) In addition to the mode of execution of orders referred to in sub sections (1) and (2), a maintenance order passed against a person who is in receipt of salary from any State or Central Government or from a local authority or from a Corporation engaged in any trade or industry which is established by a Central or State Government or from a Government Company as defined in section 617 of the Companies Act, 1956 (1 of 1956) may be executed by way of attachment of salary payable to him. (4) Where the salary is attached under sub-section (3), the Tribunal, whether the person liable to pay the amount of maintenance, or the employer or the officer disbursing the salary is or is not within the local limits of the Tribunal's jurisdiction, may order that the salary not exceeding one third shall be withheld from such salary by monthly instalments as the Tribunal may direct and upon notice of the order such employer or disbursing officer, shall remit to the Tribunal the amount of monthly instalments. (5) Where the attachable portion of such salary is already being withheld and remitted to a Court or a Tribunal in pursuance of a previous and unsatisfied order of attachment, the employer or the disbursing officer shall forthwith return the subsequent order to the Tribunal issuing it with a full statement of all the particulars of the existing attachment. (6) Every order made under sub-section (3), unless it is returned in accordance with the provisions of sub-section (5), shall without further notice or other process, bind the employer and the employer shall be liable for the sum paid in contravention of the provisions of sub-sections (3), (4) and (5) of this section.

1. (2) An order for maintenance may be executed either by the Tribunal which passed it or by other Tribunal or ordinary court to which is sent for execution. 8 THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND DEPENDANTS ACT, 2001
2. (3) In addition to the mode of execution of orders referred to in sub sections (1) and (2), a maintenance order passed against a person who is in receipt of salary from any State or Central Government or from a local authority or from a Corporation engaged in any trade or industry which is established by a Central or State Government or from a Government Company as defined in section 617 of the Companies Act, 1956 (1 of 1956) may be executed by way of attachment of salary payable to him.
3. (4) Where the salary is attached under sub-section (3), the Tribunal, whether the person liable to pay the amount of maintenance, or the employer or the officer disbursing the salary is or is not within the local limits of the Tribunal's jurisdiction, may order that the salary not exceeding one third shall be withheld from such salary by monthly instalments as the Tribunal may direct and upon notice of the order such employer or disbursing officer, shall remit to the Tribunal the amount of monthly instalments.
4. (5) Where the attachable portion of such salary is already being withheld and remitted to a Court or a Tribunal in pursuance of a previous and unsatisfied order of attachment, the employer or the disbursing officer shall forthwith return the subsequent order to the Tribunal issuing it with a full statement of all the particulars of the existing attachment.
5. (6) Every order made under sub-section (3), unless it is returned in accordance with the provisions of sub-section (5), shall without further notice or other process, bind the employer and the employer shall be liable for the sum paid in contravention of the provisions of sub-sections (3), (4) and (5) of this section.