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Bare acts > Code of Civil Procedure, 1908 > Section 60
 
   


 

60. Property liable to attachment and sale in execution of decree.- (1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, 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 class 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 or a labourer or a domestic servant 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 of a local authority or of any other employer, or payable out of any service family pension fund notified in the Official Gazette by the Central Government or the State Government in this behalf, and political pension;

(h) the wages of labourers and domestic servants, whether payable in money or in kind;

(i) salary to the extent of the first one thousand rupees and two-thirds of the remainder in execution of any decree other than a decree for maintenance:

Provided that where any part of such portion of the salary as is 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, after the attachment has continued for a total period of twenty four months, be finally exempt from attachment in execution of that decree;

(ia) one-third of the salary in execution of any decree for maintenance;

(j) the pay and allowances of persons to whom the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957, applies;

(k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, 1925 (19 of 1925), for the time being applies, in so far as they are declared by the said Act not be liable to attachment;

(ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, 1968 (23 of 1968), for the time being applies, in so far as they are declared by the said Act as not to be liable to attachment;

(kb) all moneys payable under a policy of insurance on the life of the judgment debtor;

(kc) the interest of a lessee of a residential building to which the provisions of law for the time being in force relating to control of rents and accommodation apply;

(I) any allowance forming part of the emoluments of any servant of the Government or of any servant of a railway company or local authority which the appropriate Government may, by notification in the Official Gazette, declare to be exempt from attachment, and any subsistence grant or allowance made to 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 any Indian law to be exempt from liability to attachment or sale in execution of a 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.

Explanation 1.—The moneys payable in relation to the matters mentioned in clauses (g), (h), (I), (Ia), (j), (I) and (0) are exempt from attachment or sale, whether before or after they are actually payable, and, in the case of salary, the attachable portion thereof is liable to attachment, whether before or after it is actually payable.

Explanation 11,—In clauses (I) and (ia), “salary” means the total monthly emoluments, excluding any allowance declared exempt from attachment under the provisions of clause (I), derived by a person from his employment whether on duty or on leave.

Explanation lll.—ln clause (I) “appropriate Government” means—

(i) as respects any person in the service of the Central Government, or any servant of a Railway Administration or of a cantonment authority or of the port authority of a major port, the Central Government;

[Clause (ii) omitted by AO 1948]

(iii) as respects any other servant of the Government or a servant of any others local authority, the State Government.

Explanation I V—For the purposes of this proviso, “wages” includes bonus, and “labourer” includes a skilled, unskilled or semi skilled labourer.

Explanation V: For the purposes of this proviso, the expression “agriculturist” means a person who cultivates land personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner, tenant, partner or agricultural labourer.

Explanation VI: For the purposes of Explanation V, an agriculturist shall be deemed to cultivate land personally, if he cultivates land—
(a) by his own labour, or

(b) by the labour of any member of his family, or

(c) by servants or labourers on wages payable in cash or in kind (not being as a share of the produce), or both.

(1A) Notwithstanding anything contained in any other law for the time being in force, an agreement by which a person agrees to waive the benefit of any exemption under this section shall be void.

(2) Nothing in this section shall be deemed 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.

STATE AMENDMENTS

ANDHRA PRADESH.- (1) In its application to the Andhra area of the State of Andhra Pradesh in clause (g) of the provisio to sub-section (1) of Section 60, the words “or of a local authority” shall be inserted, after the words “stipends and gratuities allowed to the pensioners of the Government” - Code of Civil Procedure (Andhra Pradesh) (Andhra Area) (Amendment) Act [XXXIV of 1950), (w.e.f. 2.1.1951).

Note - The title of Madras Amendment Act (XXXIV of 1950) has been thus amended by the A.P. Act (IX of 1961).

(2) In its application to the whole of the State of Andhra Pradesh, in the proviso to sub-section (1) of Section 60 -

A.(i) after clausc (k) the following clause shall be inserted, namely:

(kk) amounts payable under policies issued in pursuance of the Rules for the Andhra Pradesh Government Life Insurance Department”.

(ii) after Explanation 2, the following Explanation shall be inserted:

“Explanation 2-A - Where any sum payable to a Government servant is exempt from attachment, under the provisions of clause (kk), such sum shall remain exempt from attachment notwithstanding the fact that owing to the death of the Government servant it is payable to some other person” - Code of Civil Procedure [Andhra Pradesh] (Telangana Area) Amendment Act (XI of 1955) (9-6-1955) originally the Code of Civil Procedure (I Hyderabad Amendment) Act (XI of 1955). This Act has been amended and extended to the entire State of Andhra Pradesh by the Code of Civil Procedure (Andhra Pradesh Unification and Amendment) Act (X of 1962). (7-4-1962).


B.(i) after clause (kk), the following clause shall be inserted, namely:“(kkk)
amounts payable under the Andhra Pradesh State Employees’ Family Benefit Fund Rules”.

(ii) in Explanation 2-A, for the expression “clause (kk)”, the expression “clauses (kkk)” shall be substituted - AP. Act 24 of 1979, S.2, (w.e.f. 5-9-1 979).

(3) In its application to the Telengana area of the State of Andhra Pradcsh, in the proviso to sub-section (i) of Section 60 -

(i) after clause (g) the following clause shall be inserted, namely:“(gg)
pension granted or continued by the Central Government, the Government of
Pre-reorganisation Hyderabad State or any other State Government on account of past services or present infirmities or as a compassionate allowance, and”:


(ii) in Explanation 2-A, for the word, brackets and letter “clause (kk)” the words, brackets and letters “clause (gg) or clause (kk)” shall be sustituted - Andhra Pradesh Act (XVII or 1953), originally the Code of Civil Procedure (Hyderabad Second Amendement Act (XVIII of 1953).


CALCUTTA.-
Add the proviso after sub-section (1) ‘Provided that nothing in this section shall be taken as conferring on the Court of Small Causes of Calcutta, any jurisdiction to attach and sell immoveable property in execution of a decree.”

“Provided also that this section shall, so far as the Court mentioned in the last preceding proviso is concerned, apply only to decrees obtained in suits instituted after the 31st of May, 1937, and the law applicable to suits instituted up to that date shall be the law which was hereto in force that Court”. Cal. Gaz. Pt. I, dated 20.4.1967.

 

(CHANDIGARH) UNION TERRITORY.- In its application to Union Territory of Chandigarh, amendments in the section are the same as in Punjab – Punjab Reorganisation Act, 1966 (31 of 1966), Section 88 (1.11.1966).


GUJARAT.- In sub-section (1) of Section 60 -

(a) after clause (g) of the proviso, the following new clause shall be inserted, namely: “(gg) stipends and gratuities allowed to pensioners of a local authority.”

(b) in Explanation I, after the brackets and letter “(g)” the brackets and letters “(gg)” shall be inserted

- Bombay Act of 1948, Section 2 (30.11.1948).


HIMACHAL PRADESH.-
(1) In Section 60, sub-section (1) -

(i) At the end of clause (c) add the following words, namely: “or
compensation paid for such houses and buildings (including compensation for the materials and the sites and the lands referred to above) acquired for a public purpose;” and;

(ii) after clause (c) insert the following, namely:.

“(cc) compensation paid for agricultural lands belonging to agriculturists and acquired for a public purpose;” - Code of Civil Procedure (Himachal Pradesh Amendment) Act, 1956(6 of 1956), Section 2 (w.e.f. 17.5.1956).

(2) Same as in Punjab except that:-

(a) in sub-section (4) the words “as defined in Punjab Alienation of Land Act, 1900” omitted;

(b) sub-section (5) omitted;

(c) sub-section (6) re-numbered as sub-section (5) - H.P. Act 31 of 1976, S. 21(1.4.1979).

KARNATAKA.- In its application of the State of Karnataka except Bellary district, in the proviso to sub-section (1) after clause (p) the following clause shall be added, namely:


“(pp) where the judgment-debtor is servant of the State Government who has insured his life under the rules in force relating to the official branch of the Mysore Government Life Insurance Department,-

(1) In the case of insurance effected prior to the ninth day of May, 1911, the whole of the bonus payable or paid there under to such servant, or in the event of his death to his nominee or other person or persons entitled to such bonus under the said rules; and

(2) In the case of insurance effected on or after the ninth day, of May, 1911, and such insurance is compulsory, then the bonus in respect of the compulsory premia payable or paid to such servant, or in the event of his death of his nominee or other person or persons entitled to such bonus under the said rules” - Code of Civil Procedure (Mysore Amendment) Act (XIV of 1952) (with effect from 1.4. 195 1).

KERALA.- (1) In clause (g) of the proviso to sub section (1), after the words “stipends and gratuities allowed to pensioners of the Government”, insert the words “or of a local authority” - Kerala Act 13 of 1957, Section 3 (1.10.1958) (Repealed in Malabar Distt.)


(2) After clause (g) insert the following:

“(gg) all moneys payable to the beneficiaries under the Family Benefit Scheme for the employees of the Government of Kerala,” - Kerala Act 1 of 1988, S.2, (5.1.1988).


MAHARASHTRA.- In Section 60 of the principal Act, in sub-section (1), in the proviso - (a) after clause (g), the following clause shall be inserted, namely:

“(gg) in the Hyderabad area of the State of Maharashtra, any pension granted or continued by the Central Government or the Government of the former State of Hyderabad or any other State Government, on account of past services or present infirmities or as a compassionate allowance, which is not covered by clause (g);”


(b) after clause (kb), the following clause shall be inserted, namely:

“(kbb) the amounts payable under the policies issued in pursuance of the Rules for the Hyderabad State Life Insurance and Provident Fund, which are not convered under clause (ka) or (kb).


Explanation.—Where any sum payable to a Government servant is exempt from attachment, notwithstanding the fact that owing to the death of the Government servant the sum is payable to some other persons;” - Mah. Act 65 of 1977, Section 6 (19.12.1977).


PONDICHERRY (UNION TERRITORY).- In its application to Union Territory of Pondicherry amendment in the section is the same as in Tamil Nadu - Pondicherry (Extension of Laws) Act, 1968 (26 of 1968), Section 3 (i) and Schedule, Part II [w.e.f. 5.9.1968.


PUNJAB AND HARYANA.-In its application to the State of Punjab including the Pepsu area thereof as it was immediately before the 1st November, 1956

(a) In sub-section (1), in the proviso —

(I) in clause (C), br the words “occupied by him” the following words shall be deemed to be substituted, viz:

“not proved by the decree-holder to have been let out on rent or let to persons other than his father. mother, wife, son, daughter-in-law, brother, sister or other dcpendants or left vacant for a period of a year or more;”


(ii) after clause (c). the following clauses shall be deemed to be inserted viz.;

“(cc)milch animals, whether in milk or in calf, kids, animals used for the purposes of transport or draught cart and open spaces or enclosures belonging to an agriculturist and required for use in case of need or typing cattle parking carts or stacking fodder or manure;

(ccc) one main residential house and other buildings attached to it (with the material and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to a judgment-debtor other than an agriculturist and occupied by him: Provided that the protection afforded by this clause shall not extend to any property specifically charged with the debt sought to be recorded.”


(b) After sub-section (2), the following sub-section shall he deemed to he inserted, viz.:

“(3)Notwithstanding any other law for the time being in force an agreement by which a debtor agrees to waive any benefit of any exemption under this Section shall be void.
(4) For the purposes of this section the word ‘agriculturist’ shall include every person whether as owner, tenant, partner or agricultural labourer who depends for his livelihood mainly on income from agricultural land as defined in the Punjab Alienation of Land Act, 1900.


(5) Every member of a tribe notified as agricultural under the Punjab Alienation of Land Act, 1900, and every member of a scheduled caste shall be presumed to be an agriculturist until the contrary is proved.

(6) No order for attachment shall be made unless the Court is satisfied that the property sought to be attached is not exempt from attachment or sale” - Punjab Relief of Indebtedness Act, VII of 1934, Section 35 (as amended by Punjab Acts, 12 of 1940 and 6 of 1942 (9.4.1934) and 44 of 1960) (30.12.1960).


RAJASTHAN.- In the Proviso to sub-section (1) of Section 60 –
(i) in clause (b), after the words “Agriculturist” the words “his milch cattle and those likely to calve within two years”, shall be inserted - Rajasthan Act 19011958; (18.4.1958)

(ii) after clause (k) insert the following:

“(kk) moneys payable under Life Insurance Certificates issued in purstiance nt the Rajasthan Government Servants Insurance Rules, 1953”;

(iii) after Explanation 3 insert the following Explanation:

“Explanation 4 - Where any money payable to a Government servant of the State is exempt from attachment under the provision contained in clause (kk), such money shall remain exempt from the attachment notwithstanding the fact that owing to the death of a Government servant it is payable to some other person.” - Rajasthan Act, 16 of 1957, Section 2 (6.6.1957).

TAMIL NADU.- In its application to the State of l’amil Nadu including the Kanyakumari District and the Shencottah taluk of the Tirunelveli district, and the added territories the amendment made in Section 60 is the same as that of Kerala - Code of Civil Procedure (Madras Amendment_ Act, 1950 (XXXIV of 1950), Section 2 (wet. 2.1.1951) and Madras Act XXII of 1957, Section 3(18.12.1957) and Mad. (Al’.) A.I..O., 1961 [w.e.f.
1.4.1960].

UTTAR PRADESH.- Add the following Explanation (I-A) after Explanation tin Section 60, sub-section (1):

“Explanation I-A - Particulars mentioned in clause (e) are exempt from sale in execution of a decree whether passed before or after the commencement of the Code of Civil Procedure (United Provinces) (Amendment) Act, 1948, for enforcement of a mortgage or charge thereon,” - Code of Civil Procedure (United Provinces) Amendment) Act, 1948 (UP. Act 35 of 1948), Section 2(28.8.1948).

 

 

 

 

 

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