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| Sections | Particulars |
|---|---|
| Part II | Execution |
| 60 | Property liable to attachment and sale in execution of decree |
| Description | The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, in money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor or by another person in trust for him or on his behalf: Provided that the following particulars shall not be liable to such attachment or sale, namely:- (a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman; (b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any c]ass of agricultural produce as may have been declared to be free from liability under the provisions of the next following section; (c) houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist and occupied by him; (d) books of account, (e) a mere right to sue for damages; (f) any right of personal service; (g) stipends and gratuities allowed to pensioners of the Government, or payable out of any service family pension fund {For such a notification, see Gazette of India, 1909, Pt.I, p.5.} notified in the Official Gazette by {Subs. by the A.O.1937 for " the G.G.in C." } [the Central Government or the State Government] in this behalf, and political pensions; {Subs. by Act 9 of 1937, s.2, for the former clauses (h) and (i).The amendments made by that section have no effect in respect of any proceedings arising out of a suit instituted before 1st June, 1937: see ibid., s.3.} [(h) the wages of labourers and domestic servants, whether payable in money or kind; {The words " and salary, to the extent of the first hundred rupees and one-half the remainder of such salary " rep by Act 5 of 1943, s.2.} {Subs. by s.2, ibid., for the former clause and proviso.} [(i) salary to the extent of the first hundred rupees and one-half the remainder: Provided that where such salary is the salary of a servant of the Government or a servant of a railway company or local authority, and the whole or any part of the portion of such salary 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 be finally exempt from attachment in execution of that decree ;]]. (j) the pay and allowances of persons to whom the {Subs. by the A.O.1937 for "Indian Articles of War apply,'.} [{Subs. by Act 2 of 1951, s.10, for "Indian Army Act, 1911, or the Burma Army Act ".} [Army Act, 1950 ] 46 of 1950.applies], {Ins.by Act 35 of 1934, s.2 and Sch.} [or of persons other than commissioned officers to whom {The words "the Naval Discipline Act as modified try" omitted by the A.O.1950.} the Indian Navy (Discipline) Act, 1934, 34 of 1934.applies]; (k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, {" Subs. by Act 9 of 1937, s.2, for "1897" } [1925], 19 of 1925.For the time being applies in so far as they are declared by the said Act not to be liable to attachment; {Subs. by Act 9 of 1937, s.2, for the original clause. See also footnote 3 on preceding page.} [(l) any allowance forming part of the emoluments of any {Subs. by Act 5 of 1943, s.2, for "public officer".} [servant of the Government] or of any servant of a railway company or local authority which the {Subs. by the A.O.1933 for "G.G.in C."} [appropriate Government] may by notification in the Official Gazette declare to be exempt from attachment, and any subsistence grant or allowance made to {Subs. by Act 5 of 1943, s.2, for "any such officer or servant".} [any such servant] while under suspension ;] (m) an expectancy of succession by survivorship or other merely contingent or possible right or interest; (n) a right to future maintenance; (o) any allowance declared by {Subs. by the A.O.1937 for "any law passed under the Indian Councils Act 1861 and 1992'.} [any Indian law] to be exempt from liability to attachment-or sale in execution of decree; and (p) where the judgment-debtor is a person liable for the payment of land-revenue, any movable property which, under any law for the time being applicable to him, is exempt from sale for the recovery of an arrear of such revenue. {The original Explanation was renumbered Explanation 1 by Act 9 of 1937.s.2.} [Explanation 1].-The particulars mentioned in clauses (g), (h), (i), (j), (1) and (o) are exempt from attachment or sale whether before or after they are actually payable, {Ins.by s.2, ibid. See also footnote 3 on preceding page.} [and in the case of salary other than salary of a {Subs. by Act 5 of 1943, s.2, for "public officer".} [servant of the Government] or a servant of a railway company or local authority the attachable portion thereof is exempt from attachment until it is actually payable]. {Ins.by s.2, ibid. See also footnote 3 on preceding page.} [Explanation 2.-In clauses (h) and (i), "salary" means the total monthly emoluments, excluding any allowance declared exempt from attachment under the provisions of clause (1), derived by a person from his employment whether on duty or on leave.] {Ins.by the A.O.1937.} [Explanation ,3.-In clause (l) appropriate Government" means- (i) as respects any {Subs. by Act 5 of 1943, s.2, for "public officer".} [person] in the service of the Central Government, or any servant of {Subs. by the A.O.1950 for "a Federal Railway".} [a Railway Administration] or of a cantonment authority or of the port authority of a major port, the Central Government. {C1.(ii) rep. by the A.O.1948.} (iii) as respects any other {Subs. by Act 5 of 1943, s.2, for "public officer".} [servant of the Government] or a servant of any other {The words "railway or" omitted by the A.O.1950.}local authority, the State Government.] (2) Nothing in this section shall be deemed- {The letter and brackets "(a)", the word "or" and cl.(b) rep. by Act 10 of 1914, s.3, and Sch.II.} to exempt houses and other buildings (with the materials and the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in execution of decrees for rent of any such house, building, site or land.{The letter and brackets "(a)", the word "or" and cl.(b) rep. by Act 10 of 1914, s.3, and Sch.II.} {The letter and brackets "(a)", the word "or" and cl.(b) rep. by Act 10 of 1914, s.3, and Sch.II.} |
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