The Bombay Execution of Decrees (Temporary Postponement) Act, 1959

{
    "id": 16693,
    "slug": "the-bombay-execution-of-decrees-temporary-postponement-act-1959",
    "title": "The Bombay Execution of Decrees (Temporary Postponement) Act, 1959",
    "short_title": "The Bombay Execution of Decrees (Temporary Postponement) Act, 1959",
    "act_number": "Bombay Act No. 70 of 1959",
    "act_year": 1959,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bombay Execution of Decrees (Temporary Postponement) Act, 1959",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(i) \"agriculturist\" means a person who by himself or by his servants or tenants earns his livelihood wholly or principally by agriculture carried on within the limits of the [State of Gujarat] or who ordinarily engages personally in agriculture within those limits;\n(ii) an assignee of Government assessment or a mortgagee of lands belonging to an agriculturist is not as such an agriculturist within the meaning of this definition;\n(iii) in the case of members of joint family or co-owners or co-tenants, if any member, co-owner or co-tenant shall be deemed to be an agriculturist, although the other members of the joint family or other co-owners or co-tenants do not ordinarily engage personally in agriculture;\n(iv) \"Civil Court\" includes a Court of Small Causes.\nPart II\nStay of Execution of Decrees and Postponement of Institution of Suits in Certain Cases Under Scarcity or Famine",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Stay of proceedings in case of certain decrees and postponement of certain suits.",
            "chapter": null,
            "content": "(a) no application for execution of any decree referred to in that sub-section or for making final any preliminary decree for foreclosure referred to in that sub-section, shall be entertained by any Civil Court in that area so long as this Part remains in force in that area\n(b) no suit for money and no suit for fore-closure or sale in enforcement of a mortgage, shall be instituted, or proceeded with if instituted, in any Civil Court in that area against an agriculturist so long as this Part remains in force in that area, except in cases where an agriculturist is about to dispose of the whole or any part of his immovable property.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Instalment decrees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Exemption from arrest.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Computation of the period of limitation.",
            "chapter": null,
            "content": "(a) a suit in a Civil Court in any area against any agriculturist for money or for foreclosure or sale in enforcement of a mortgage, referred to in clause (b) of sub-section (2) of section 3, or\n(b) an application in a Civil Court in any area for execution of any decree referred to in sub-section (1), of section 3 or an application in a Civil Court in any area for making final any preliminary decree for foreclosure or sale referred to in that sub-section, the period during which this Part remains in force in that area shall be excluded, and a further period not exceeding thirty days shall be added so as to make up the deficit, if any, prior to the expiry of one month from the date of withdrawal of this Part under subsection (4) of section 1 from that area.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Restrictions on transfer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Payment of certain decrees.",
            "chapter": null,
            "content": "(a) prevent any decree-holder from accepting any payment under a decree or making any adjustment thereof voluntarily made by the judgement-debtor;\n(b) apply to a decree for money arising out of claims relating to trust, or for maintenance or for profits in favour of a co-tenant or a co-owner, or for damages for a tort or for contribution between co-tenants of agricultural land; or\n(c) apply to a mortgage decree sought to be executed by the sale of the mortgage property in the hands of a subsequent transferee who has taken the transfer subject to the mortgage on the basis of which such decree has been obtained.\nPart III\nStay of Execution of Decrees and Postponement of Institution of Suits in Certain Cases not Falling under Part II.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Application of provisions of Part II to certain cases of agriculturists not covered by that Part.",
            "chapter": "Part II",
            "content": "(a) the period to be excluded under section 6 shall be the period between the date of the application made under sub-section (1) and the date when this Part ceases to apply to the area of the date of rejection of the application by the Court whichever is earlier;\n(b) the restrictions on transfer imposed by section 7 shall be deemed to apply only to an agriculturist who has made an application under sub-section (1) and to have effect on and from the date on which the application is presented to the Court and until the date when this Part ceases to apply to the area or the date of rejection of the application by the Court, whichever is earlier.\nPart IV\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Repeal and Savings.",
            "chapter": null,
            "content": "(a) the previous operation of any Act so repealed or anything duly done or suffered thereunder;\n(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed; or\n(c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Repeal of Bombay Ordinance No. IV of 1959).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        }
    ],
    "metadata": {
        "Act ID": "guj056",
        "Act Number": "Bombay Act No. 70 of 1959",
        "Enactment Date": "",
        "Act Year": "1959",
        "Short Title": "The Bombay Execution of Decrees (Temporary Postponement) Act, 1959",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}