Section 35 in The Punjab Relief of Indebtedness Act, 1934
35. [ Amendment of section 60 of the Code of Civil Procedure, 1908.] [Substituted for the old sub-section (1) by Punjab Act 12 of 1940, section 16.]
- In section 60 of the Code of Civil Procedure, 1908 -(a)in sub-section (1) [in the proviso] [Inserted by Punjab Act 6 of 1942, section 5(i).], -(i)in clause (c), for the words "occupied by him" the following words shall be deemed to be substituted, namely :-"not proved by the decree-holder to have been let out on rent or lent to persons other than his father, mother, wife, son, daughter, daughter- in- law, brother, sister or other dependents or left vacant for a period of a year or more;(ii)after clause (c), the following clauses shall be deemed to be inserted, namely :-"(cc) Milch animals, whether, in milk or in calf, kids, animals used for the purposes of transport or draught cart and open spaces or enclosures belonging to an agriculturist and required for use in case of need for tying cattle, parking carts, or stacking fodder or manure;(ccc)one main residential house and other buildings attached to it (with the material and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to a judgment-debtor other than an agriculturist and occupied by him :[Provided that the protection afforded by this clause shall not extend to any property specifically charged with the debt sought to be recovered,] [Substituted for the words 'Provided that the protection afforded by this sub-section shall not extend to property which has been mortgaged' by Punjab Act 6 of 1942, section 5(ii).](b)after sub-section (2), the following sub-sections shall be deemed to be inserted, namely :-"(3) Notwithstanding any other law for the time being in force an agreement by which a debtor agrees to waive any benefit of any exemption under this section shall be void.(4)For the purposes of this section the word "agriculturist" shall include every person whether as owner, tenant, partner or agricultural labourer who depends for his livelihood mainly on income from agricultural land as defined in the [Punjab alienation of Land Act, 1900.] [Repealed by the Adaptation of Laws (Third Amendment) Order of 1951.](5)Every member of a tribe notified as agricultural under the [Punjab Alienation of Land Act, 1900] [Repealed by the Adaptation of Laws (Third Amendment) Order of 1951.] and every member of a scheduled caste shall be presumed to be an agriculturist until the contrary is proved.(6)No order for attachment shall be made unless the court is satisfied that the property sought to be attached is not exempt from attachment or sale.
