MADHYA PRADESH ACT No 22 of 1958 THE MADHYA PRADESH TEMPORARY POSTPONEMENT OF EXECUTION OF DECREES ACT, 1958 TABLE OF CONTENTS Seciions 1. 2. & o o e Short title and extent. Definitions. Power of State Government to apply provisions of this Act to any area by notification Stay of proceedings in the case of certain decrees. Release of persons in detention in civil prison. Relief against default in pa..yment of instalments. Computation of time for execution. Payment of certain decrees. Transfers by agriculturists to be voidable. Act not applicable to executions in certain suits. Page 60 60 60 61 . 61 61 67. 61 61 9
&0 Short title and extent. Definitions, Power of State Government to apply provisions of this Act to any area by noti- Hication. Stay of proceedings in the case of certain decrees. MADHYA PRADESH ACT (No. 22 of 1958)1 THE MADHYA PRADESH TEMPORARY POSTPONEMENT OF EXECUTION OF DECREES dACT, 1958 (Received the Assent of the President on the 25th July 1958; assent first published in the Madhya Pradesh Gazette on the 8th Angust 1958.) An Act to firo.m'de Jor the temporary posiponement of execution of certain decrees of - Civil Courts against agriculfurisis. : ' BE it enacted by the Madhya Pradesh Legislature in the Ninth Year of the 'Republic of India as follows :— : 1. (1) This Act may be called the Madhya Pradesh Temporary Postponement _ of Execution of Decrees Act, 1958. (2) Itextends to the whole of Madhya Pradesh, 2. In this Act, unless there is anything repugnant in the subject or con- _ text, — . ः ः (a) “‘agr'iculturist” means a person who holds land for agricultural purposes and who earns his livelihood wholly or mainly from agriculture; ' (b) “civil court” includes a Coourt of Small Causes; {c) “decree for money” means a decree for payment of money a passed by Civil Court, a Panchayat or a Nyaya Panchayat; {d) - “notification” means a notification issued under section 3 of this Act. ' 3. (1} Whenever it appears to the State Government that scarcity condi- tions are prevalent in any area due to crop failure and it is necessary to take measures to give immediate relief to the agriculturists in such area, it may, by notification, specify — ’ (a) the area so affected ; (b) the date where from it is proposed to give relief to agriculturists in such area; and (ये the date up to which the notification shall remain in force. (2) On publication of the notification under sub-section (1) the provi- sions of sections 4 to 10 shall apply to such area with effect from the date specified under clause (b) thereof till the date such notification remains in force. 4. (1) All proceedings in execution of any decree for money, or proceed- ings for making final any preliminary decree for foreclosure or sale, or proceed ings in execution of any final decree for sale, passed by a civil court on the basis of a liability incurred before the date specified in the notification in which a judgment debtor or defendant, as the case may be, is on such date an agricul- - turist shall be stayed agamst such judgment-debtor or defendant, on an applica- tion made by him in this behalf during the period the said notffication remains in force. : (2) All attachments of growing crops, agricultural produce, livestock and other movable property of a perishable nature made in execution of decrees for 1. For Statement of Objects and Reasons (in English) see “Madhya Pradesh Gazette,” dated 25th April 1958, page 864 and (in Hindi) 867-868. For Proccedings in Assembly see - Madhya Pradesh Vidhan Sabha Proceedings, 1958, Volume ता pages 3045 to 3052 and 3127 to 3130.
THE MADHYA PRADESH TEMPC:IRARY POSTPONEMENT OF - - 61 EXECUTION OF DECREES ACT, 1958 ' money the execution of which has been stayed under sub-section (1) and existing on the date on which the stay order is passed shall be withdrawn. (3) Any judgment-debtor or defendant who is an - agriculturist, may, notwithstanding that no proceedings of the nature referred to in_sub-section (1) are p,ending'agam’st him, make an application for stay under that 0 कू) 'छिएलाए stay order passed by the Court under this scction shall relate back to the date of the application for stay filed by the judgment-debtor or defen- dant, as the case may be, and the proceedings shall for all purposes of this Act be deemed to have been stayed with effect from such date. . 5. (1) Ow the date specified in the notification under section 3 €VErY - Release of persons in detent- agriculturist in_detention in a civil prison in execution of any decree for mONeY oo i civil prison. passed against him by a Civil Court shall be released. ः : : (2) No agrculturist shall in any case be liable to arrest or dctenti_on in a civil prison in execution of any such decree asf is referred to in sub-section (1) during the period the notification remains in force. 6. (1) Where a decree for payment of the decretal amount by instalments - Relief against default in pay- contains a clause that in default of one or more instalments the whole amournt shall become due at once, then notwithstanding anything in such clause, non- payment of any instalment falling due during the period in which the proceed- ings in execution remain stayed under this Act, shall not be deemed to be a default for the purposes of that clause. : ment of instalments. - (2) If the judgment-debtor pays the instalmenis so falling due within twelve months after the expiry of the notification then such instahments shall be deemed to have been paid on the due date. . : 7. In computing the period of twelve years prescribed by section 48 of the Code of Civil Procedure, 1908 (V of 1908), the period during which pro- ~ ceedings are stayed under this Act shall be exciuded. ‘ Computation of time for ex- ecution. 8. Nothing herein contained shall--- Payment of certain decrees. « (a) apply to decrees for money arising out of claims relating to trusts or for maintenance or for profits in favour of a co-terant or co- owner, or for mesne profits or for damages for tort, or for con- tribution between co-tenants of agricultural land; or o (b} apply to a mortgage decree against property in hands of a subscquent transferee who has undertaken to satisfy the mortgage on the basis of which such decree has been obtained; or (c) apply to decisions of the Registrar, awards of arbitrators or orders of liquidators, made under any law relating to Co-ope- rative Societies for the time being in force in the area specified छा. the notification or the rules made thereunder. ः 9. Every transfer of property made by an agriculturist against whom फुशएन ceedings in execution have been stayed under this Act shall be voidable at the option of any creditor whose claim against such agriculturist is defeated or delayed. Transfers by agrieniturists 10 be voidable. 10. Nothing in this Act shall apply to anything done in execution of 2 decres passed in a st for a sum payable under a settlement or sub-scttlement or payable by a thekedar or farmer of proprietary rights or for the share of pro- prictary profits betwcen: lambardars and co-sharers, or by a proprietor ~ to recover from a Malik~makbuza the assessment on a Malik-makbuza plot payable through a proprietor under sub-section (3) of section 84 of the repealed Central Provinces Land Revenue Act, 1917 (IT of 1917). - ‘ Act not applicable to execu- tions in certain suits,