CHAPTER 118
MAINTENANCE ORDERS (ATTACHMENT OF EARNINGS) ACT

Arrangement of Sections

1. Short title.

2. Interpretation.

2A. Family Tribunal vested with functions of court.

3. Powers of court to make orders attaching earnings of defaulters under maintenance orders.

4. Restriction of issue or orders or warrant of commitment on making of attachment of earnings orders.

5. Variation and discharge of attachment of earnings orders.

6. Liability of persons to whom attachment of earnings order are directed.

7. Powers of court to obtain statements of earnings.

8. Miscellaneous provisions as to payments under attachment of earnings orders.

9. Application of this Act to earnings paid by the Government.

10. Order when defendant on one of the Outlying Islands.

11. Offences.

12. Rules of Court.

13. Contrary provisions of other enactments.

SCHEDULE

22 of 1963,

10 of 1964,

28 of 1965,

23 of 1976,

16 of 1982,

7 of 1998.

SI 95 of 1975,

72 of 1976,

14 of 1988,

41 of 1991.

[Date of commencement: 28th October 1963]

1. Short title.

This Act may be cited as the Maintenance Orders (Attachment of Earnings) Act.

2. Interpretation.

(1) In this Act unless the context otherwise requires—

"attachment of earnings order" has the meaning assigned to it by subsection (1) of section 3;

“court” means the Magistrates’ Court or the Supreme Court;

"defendant" in relation to a maintenance order or a related attachment of earnings order, means a person liable to make payments under the maintenance order;

"earnings", in relation to a defendant, means any sums payable to him—

(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under the contract of service);

(b) by way of pension;

"employer" means any person by whom as a principal and not as a servant or agent, earnings fall to be paid to a defendant and references to payment of earnings shall be construed accordingly;

"Family Tribunal" means the Family Tribunal established under the Children Act;

[Ins by s 2(a) of Act 7 of 1998 w.e.f. 22 June 1998.]

"maintenance order" means—

(a) an order for alimony, maintenance or other payments made or deemed to be made by a court in Seychelles under any of the following enactments, that is to say—

(i) section 21, subsections (2), (3) and (4) of section 23 and subsection (2) of section 24 of the Matrimonial Causes Act;

(ii) the Summary Jurisdiction (Wives and Children) Act;

(iii) Articles 205, 206, 207, 214 and 762 of the Civil Code;

(iv) Section 8(1) (Maintenance orders) of the Children Act;

(v) section 12 (Affiliation orders) of the Children Act;

(b) an order registered or confirmed in Seychelles under the Maintenance Orders (Reciprocal Enforcement) Act;

and includes any such order which has been discharged if any arrears are recoverable there under;

"Outlying Islands" means such islands or group of islands as are listed as Outlying Islands in the First Schedule to the Peace Officers (Inner Islands and Outlying Islands) Act.

(2) Any reference in this Act to a person entitled to receive payments under a maintenance order is a reference to a person entitled to receive such payments either directly or through another person or for transmission to another person.

(3) Any reference in this Act to proceedings relating to an order includes a reference to proceedings in which the order was made.

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