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47 of 1955.] For the purposes of this proviso, “wages” includes bonus, and “labourer” includes a skilled, unskilled, or semi-skilled labourer. Amended by General Law Amendment Act 49 of 1996 Section 60(1) clause (h) applies only to such labourers and domestic servants whose wages do not exceed the amount mentioned in clause (i), i.e., Rs. Reporting Abuse, Neglect or Exploitation of Certain Persons, 39-1430. 10), to proceedings in subordinate courts. Initial child-custody jurisdiction, 38-1351. In this Part, unless the context otherwise requires- "court" includes a High Court and a magistrate's court; "process" has the meaning assigned to it in section 19 of this Act. Information to be submitted to court, 38-1365. A mason by virtue of the nature of the work that has been done by him can be termed as a skilled labourer. (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. The provision is by way of public policy and any method direct or indirect to overcome it cannot be allowed. If exempted payments can be reached in execution by the appointment of a receiver by way of equitable execution or by garnishee proceedings, the protection afforded by the section is to a great extent lost. Be it enacted by the Legislature of the State of Kansas: Section 1. A bank employee does not become Government employee merely because the bank is owned and controlled by the Government. In the Explanation IV to proviso to section 60(1) wages includes bonus and ‘labourer’ includes ‘skilled’, ‘unskilled’ or ‘semiskilled. In effect, Rule 60(a) merely seeks to ensure that the record of judgment reflects what actually took place. AN ACT TO AMEND THE CIVIL PROCEDURE CODE (C HAPTER 101) BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-1. (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. 3. A goldsmith is an artisan because he is a handicraftsman who is engaged in one of the industrial arts of trade and makes a living by selling articles which he makes. (c) By servants or labourers on wages payable in cash or in kind (not being as a share of the produce), or both. Parenting plan; best interest presumed, 23-3203. In this Act unless the context otherwise requires— 37.] Civil Procedure Act 1997 is up to date with all changes known to be in force on or before 11 January 2021. Crimes Against the Public Safety, 21-6304. [Certified on 07th of June, 2017] L.D.—O. © 2008–2020 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. Mentally Ill, Incapacitated and Dependent Persons; Social Welfare, Article 14. Therefore, the judgment-debtor who is a mason and who is residing in his own residential house is entitled to claim that his residential house is not liable to attachment and sale in execution of a decree as he is a skilled labourer and he is entitled for the benefits of section 60(l)(c), read with Explanation IV to the proviso. (a) (1) Except as provided in … Changes to Legislation. Crimes Affecting Family Relationships and Children, 21-5601. Violation of a protective order; extended protective orders; penalties, Article 61. In clauses (i) and (ia), ‘salary’ means the t 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. Since it is only a debt in the hands of the Department, there is nothing wrong in attaching the property for realisation of the amount due from the judgment-debtor. Both under section 60(l)(n) of the Code of Civil Procedure, and section 6(dd) of the Transfer of Property Act, what is not attachable or transferable, as the case may be, is not ‘future maintenance’, but ‘right to future maintenance’. THE CIVIL PROCEDURE ACT. That the whole of the cultivation is carried on through paid servants does not make him or her any the less an agriculturist within the meaning of section 60(l)(c), if he or she is still dependent upon the lands. (2) In proceedings under this section, it … 1. A tenant’s right of protection by provisions of the Rent Act can only be adjudicated properly in an appropriate proceeding and not in execution of a decree. (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; (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 pensions; (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; (i-a) 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, for the time being applies in so far as they are declared by the said Act not to be liable to attachment; (k-a) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, 1968, for the time being applies, in so far as they are declared by the said Act as not to be liable to attachment; (k-b) all moneys payable under a policy of insurance on the life of the judgment-debtor; (k-c) 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; (l) 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; (o) Any allowance declared by any Indian law to be exempt from liability to attachment or sale in execution of a decree; and. Sub-clause (i) of section 60(1) has accordingly been amended so as to provide that salary to the extent of the first four hundred rupees and two-thirds of the remainder in execution of any decree other than a decree for maintenance is not attachable. In the revision of the code of civil procedure by the 1963 Kansas legislature all of old chapter 60 was repealed and new chapter, articles and sections were assigned. What is future maintenance at a particular time would become arrears of maintenance at a later point of time. exempts provident fund amount from being attached in execution of a decree, but that exemption will be available only till it continues to be provident fund amount in the hands of the trustees and not after it is received by the employee on his retirement; attachment is possible and lawful and the exemption provided in section 60(l)(k) will not be available. Content Guidelines 2. (2) This Act applies to proceedings in the High Court and, subject to the Magistrate’s Courts Act (Cap. Such a right can also be a subject-matter of an attachment. Assault; aggravated assault; assault of a law enforcement officer; aggravated assault of a law enforcement officer, 21-5413. Consequently, this code contains subject matter similar to many of the old sections of chapter 60 of the General Statutes of 1949 and the 1961 Supplement thereto, but in most instances with new numbers. Arrangement of Rules. Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters). 48/2015. Share Your Essays.com is the home of thousands of essays published by experts like you! Statutory Instrument 71—1. Modification of parenting time or visitation orders, 23-3222. World’s Largest Collection of Essays! COLORADO COMMUNITY COLLEGE SYSTEM SYSTEM PROCEDURE Civil Rights and Sexual Misconduct Resolution Process. The amount to be paid to the legal representatives of the deceased though once called gratuity payable to the worker, after the death of the worker; it is an amount due from the Department which had lost the character of gratuity payable to the worker. 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; (ii) As respects any other servant of the Government or a servant of any other local authority, the State Government. ), India – Release on Ground of Illness, Essay on Leadership: Introduction, Functions, Types, Features and Importance. The Allahabad High Court has held that the receipt of pension by a retired soldier or policeman would not affect his status as an agriculturist and he would be entitled to the protection given by section 60(c), C.P.C., which prohibited the attachment or sale of a house and other buildings belonging to an agriculturist and occupied by him. 60. Grandparent and stepparent visitation; enforcement; child exchange and visitation centers, 38-1348. Protection from Stalking or Sexual Assault Act, 60-31a01 Citation and construction of act, 60-31a04 Commencement of proceedings; persons seeking relief on behalf of minor; forms; no docket fee; confidentiality exceptions, 60-31a05 Hearing; temporary orders pending hearing, 60-31a06 Orders; time periods; amendments; costs, Article 31B. Definitions 4.Application of Parts 3-10 5.Jurisdiction of courts 6.Repeals, amendments and savings provisions 7.Review of Act PART 2 - ADMINISTRATIVE MATTERS Division 1 - Rules, practice notes and forms 8. Under the proviso to section 60(1), when a portion of salary is under the attachment to the permissible extent in execution of the same decree for a period of 24 months there is a complete exoneration from further attachment in execution of that decree. Under section 60(1) (n) of the Code of Civil Procedure, a right to future maintenance is not attachable. Maintenance which has accrued and is in arrears can never be described as a mere right to future maintenance. which forbids attachment “in execution of a decree” and therefore an order of the court directing the attachment to continue till the debt is paid off does not contravene any provision of law. must himself or herself actually cultivate the land. (Practice Direction 60 gives examples of types of claims which it may be appropriate to bring as TCC claims.) (Order XXI, Rule 43). retain their character until they reach the hands of the employees. Publish your original essays now. A right to purchase shares for an agreed consideration or even an option to do so is a right to property under a completed contract. In Explanation IV in the definition of ‘labourer’ unskilled labourer has also been included. In clause (1) “appropriate Government” means, (1) As respects any person in the service of the Central. When the above conditions are satisfied, the receipt of a pension, however large; does not deprive a person of the status of an agriculturist. If further amounts are due under the decree the decree-holder will definitely be entitled to have it realised by other available methods of execution provided there is no other bar. Temporary emergency jurisdiction, 38-1356. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). 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