Section 23   [ View Judgements ]

Amendment of section 60

In section 60 of the principle Act,-

(i)in the proviso to sub-section (1),-

(a)in clause (c), for the words "an agriculturist", the words "an agriculturist or a labourer or a domestic servant" shall be substituted;

(b)in clause (g), after the words "pensioners of the Government", the words "or of a local authority or of any other employer" shall be inserted;

(c)in clause (i),-

(i) for the words "two hundred rupees and one half the remainder", the words "four hundred rupees and two-thirds of the remainder" shall be substituted;

(ii) for the proviso, the following proviso shall be substituted, namely:-

"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, period of twenty-four months, be finally exempt from attachment in execution of that decree.";

(d)for clause (j), the following clause shall be substituted, namely:-

"(j) the pay and allowances of persons to whom the Air Force Act, 1950(45 of 1950), or the Army Act, 1950(46 of 1950), or the Navy Act, 1957(62 of 1957), applies;";

(e)after clause (k), the following clauses shall be inserted, namely:-

"(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;"

(f)for Explanation I, the following Explanation shall be substituted, namely:-

"Explanation I.- The moneys payable in relation to the matters mentioned in clauses (g), (h), (i), (ia), (j), (l) and (o) 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.";

(g)in Explanation 2, for the words, figure, brackets and letters "Explanation 2.- In clauses (h) and (i)", the words, figures, brackets and letters "Explanation II.- In clauses (i) and (ia)" shall be substituted;

(h)in Explanation 3, for the figure "3", the figures "III" shall be substituted;

(i)after Explanation III as so amended, the following Explanations shall be inserted, namely:-

'Explanation IV.- 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.';

(ii) after sub-section (1), the following sub-section shall be inserted, namely:-

"(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.".

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