Section 60 in The Code of Civil Procedure, Svt. 1977 (1920 A.D.)
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, hundies, 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, such as the gold nose ring of a woman during coverture;(b)tools of artizans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grains 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 liability under the provisions of the next following section:[Provided that a tractor, pumping set and other like machine held by an agriculturist under a hire-purchase agreement may be attached and sold in execution of a decree obtained on the basis of such agreement by the other party thereto or by any person claiming under such party] [Added by Act No. XII of 1968.](bb)[ one milch cow and her calf, the latter only so long as it is necessary for milking the cow;] [Clause (bb) added by Act No. VI of 1995.](c)the residential house and houses used for agricultural purposes (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] [Substituted by Act No. XI of 1983, s.19 (w.e.f. 15-8-1983).];(c.1) houses of Kamins of a village;(c.2) Araziat Maqbuza assamian maurusi wa malikan; but not an arazi malyari Sagzari in Srinagar, which is exempted from payment of revenue;[Explanation. - Araziat maqbuza assamian maurusi wa malikan include lands held by owners and occupancy tenants whether cultivated directly or through tenants at will;] [Substituted by Act No. IV of 1998.](c.3) such portions of the house sought to be attached as may be necessary for the residence of the widow of a judgment-debtor:Provided, firstly, that accommodation is not available in some other house forming part of the estate of the deceased;Secondly, that the reservation is to be only for life time of the widow and during her widowhood and that she would have no right to make any transfer by mortgage, sale or otherwise;(c.4) A gharat or water-mill for grinding corn;(c.5) A kuthar or an sanduq-i-shali;(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] [Inserted by Act XI of 1983 (w.e.f. 15-8-1983).] and political pensions;(h)allowances (being less than salary) of any public officer or of any servant of a railway company or local authority while absent from duty;(i)the salary or allowances equal to salary of any such public officer or servant as is referred to in clause (h), while on duty, to the extent of(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;] [Substituted by Act VI of 2009, dated 20.3.2009.](ia)[ one-third of the salary in execution of any decree for maintenance;] [Inserted by Act VI of 2009, dated 20.3.2009.](ii)two hundred rupees monthly, where the salary exceeds [two hundred rupees] [Substituted by Act XI of 1983.] and does not exceed [four hundred rupees] [Substituted by Act XI of 1983.] monthly; and(iii)one moiety of the salary in any other case:[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.] [Substituted by Act XI of 1983, Section 19, w.e.f. 15-8-1983.](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;] [Inserted by Act XI of 1983, Section 19, w.e.f. 15-8-1983.](k)all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, Svt. 1998, for the time being applies, in so far as they are declared by the said Act as not to be liable to attachment;(k-a) all moneys payable under a policy of insurance on the life of the judgment-debtor;(k-b) 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;(1)the wages of labourers and domestic servants whether payable in money or in kind;(m)an expectancy of succession by survivor-ship or other merely contingent or possible right or interest;(n)a right to future maintenance;(o)Omitted;(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;[***] [Clause (q) omitted by Act VI of 2009, dated 20.3.2009.]
