Clause 7

Where a person has been ordered by the court under section 71(1)(d) to furnish a banker’s guarantee, he shall hand the original banker’s guarantee to the person to whom maintenance is owed (referred to in this section as a “maintenance claimant”) within one month from the date of the order.(2) Where —

a maintenance claimant makes a demand on the banker’s guarantee and no maintenance arrears is owing to the claimant at the time of the demand; or

the amount paid out under a banker’s guarantee to the maintenance claimant exceeds the actual amount of maintenance arrears owing to the maintenance claimant at the time the maintenance claimant’s demand was made on the banker’s guarantee,such amount as is payable or paid that is in excess of the amount of maintenance arrears owing (referred to in this section as “the excess”) shall be set off against the amount of any maintenance which becomes payable by the maintenance defaulter to the maintenance claimant at any time on or after the date of the demand on the banker’s guarantee (referred to in this section as “future maintenance liability”).(3) Where there is no future maintenance liability against which the excess may be offset, the maintenance claimant who made the demand on the banker’s guarantee giving rise to that excess shall, upon demand by the maintenance defaulter, refund the excess to the maintenance defaulter.(4) Where a refund is not made as required under subsection (3), the maintenance defaulter may recover the amount due to him under that subsection from the person liable to make the refund as if the amount were a civil debt due to the maintenance defaulter.Financial counselling71B. Where a court has made an order under section 71(1)(e) requiring a maintenance defaulter to attend financial counselling or any other related programme but the maintenance defaulter fails to comply with the order, any of the following persons may make a complaint to the court regarding such non-compliance:

the person who is to have provided the financial counselling or conducted such related programme ordered by the court;

the Director, where the court has ordered a maintenance defaulter to attend financial counselling or such related programme under the direction or supervision of the Director.Community service orders71C.—

A court shall not make a community service order under section 71(1)(f) against a maintenance defaulter unless the court is satisfied that suitable arrangements can be made for him to perform community service under such an order.(2) Notwithstanding that a community service order has been made under subsection (1), the court may, upon an application by a community service officer and upon being satisfied that the maintenance defaulter concerned is medically unfit to comply with the community service order, rescind the order.(3) The Minister may —

appoint any person to be a community service officer for the purposes of this section;

prescribe the duration within which community service to be performed under a community service order shall be completed; and

make rules, not inconsistent with the provisions of this Part, to make further provisions for the manner in which a community service order may be performed, including the imposition of additional requirements and the service of any instructions or notice on a maintenance defaulter in respect of whom such an order has been made.”.