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

 

 

GOVERNMENT OF GUJARAT 
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT 

BOMBAY ACT NO. LXX OF 1959 

THE GUJARAT EXECUTION OF DECREES 

(TEMPORARY POSTPONEMENT) ACT, 1959. 

(As modified upto the 31st May, 2012) 

 

 

 



[1959 : Bom. LXX         Gujarat Execution of Decrees (Temporary Postponement) Act, 1959 

The Gujarat Execution of Decrees (Temporary Postponement) 

Act, 1959 

………………… 

 

CONTENTS 

PREAMBLE                       PAGE NO. 

SECTIONS. 

PART I. 

PRELIMINARY. 

 

1. Short title, extent and commencement.    1 

2. Definitions.         1 

 

PART II. 

STAY OF EXECUTION OF DECRESS AND POSTPONEMENT OF  

INSTITUTION OF SUITS IN CERTAIN CASES UNDER SCARCITY  

OR FAMINE 

 

3. Stay of proceedings in case of certain decrees and   1 

 Postponement of certain suits. 

4. Instalment decrees .        3 

5. Exemption from arrest.      3 

6. Computation of the period of limitation.    3 

7. Restrictions on transfer.      4 

8. Payment of certain decrees.       4 

 

PART III. 

STAY OF EXECUTION OF DECRESS AND POSTPONEMENT OF  

INSTITUTION OF SUITS IN CERTAIN CASES NOT FALLING 

UNDER PART II. 

9. Application of provisions of Part II to certain  cases of  5  

 Agriculturists not covered by that Part.  

 
PART IV. 

MISCELLANEOUS. 

10. Rules          6 

11. Repeal and savings.        6 

12. Repeal of Bom. Ordinance No. IV of 1959.    6 



1959 : Bom. LXX ]        Gujarat Execution of Decrees (Temporary Postponement) Act, 1959 

 

BOMBAY ACT NO. LXX OF 1959.
1
 

[THE BOMBAY EXECUTION OF DECREES (TEMPORARY 

POSTPONEMENT) ACT, 1959.] 

[28th December, 1959.] 

Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent 

Subjects) Order, 1960. 

Amended by Guj. 28 of 1960. 

Amended by Guj. 22 of 1987. 

An Act to provide for relief to agriculturists by way of temporary postponement of 

institution of suits in, and execution of decrees passed by, Civil Courts in areas that are 

for the time being affected by natural calamities. 

WHEREAS it is necessary to provide for relief to agriculturists by way of temporary 

postponement of institution of suits in, and execution of decrees passed by, Civil Courts 

in areas that are the time being affected by failure of crops, famine, fire, drought, flood 

or such other natural calamities ; 

AND WHEREAS it is expedient that such relief should be limited within those areas, 

where on account of such calamities, the State Government either has granted 

remission or suspension of land revenue and made a declaration of scarcity or of famine 

conditions, or has ordered remission or suspension of collection of land revenue ; 

It is hereby enacted in the Tenth Year of the Republic of India as follows :– 

PART I. 

PRELIMINARY. 

1. (1) This act may be called the *[Gujarat] Execution of Decrees (Temporary 

Postponement) Act, 1959. 

 (2) It extends to the whole of the 2[State of Gujarat]. 

Short title, extent   

and  

commencement. 



[1959 : Bom. LXX         Gujarat Execution of Decrees (Temporary Postponement) Act, 1959 

 (3) This Part and Part IV shall come into force at once. Part II shall come 

into force in such area, being an area where, on account of failure of 

crops, famine, fire, drought, flood or such other natural calamities, 3[the 

State Government or an officer authorised by the State Government in 

this behalf has granted] remission or suspension of land revenue and 
4[besides the State Government had made] a declaration of scarcity or 

of famine conditions, and on such date as the State Government may, 

by notification in the Official Gazette specify, and different dates may be 

specified for different areas for this purpose. Part III shall come into 

force in such area, being an area where, on account of any of the 

aforesaid calamities, the 5[State Government or an officer authorised by 

the State Government in this behalf has ordered] suspension or 

remission of land revenue, and on such date as the State Government 

may, by notification in the Official Gazette specify, and different dates 

may be specified for different areas for this purpose. 

 (4) Part II or, as the case may be, Part III shall, unless it is sooner declared 

by the State Government by notification in the Official Gazette that it 

shall cease to be in force in any area or part thereof, cease to be in force 

in such area or such part and on such date as may be specified by the 

State Government by a notification in the Official Gazette, being the 

area or the part in which and the date on which the State Government 

has declared the cesser of scarcity or of famine conditions or, as the 

case may be has discontinued the suspension or remission of land 

revenue. 

2. In this Act, unless the context otherwise requires- 

 (a) “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 6[State of Gujarat] or who ordinarily engages 

personally in agriculture within those limits ; 

Explanation- (i) An agriculturist who without any intention of changing his status 

as such, temporarily ceases to earn his livelihood by agriculture, 

or to engage personally in agriculture, or who is prevented from 

so earning his livelihood, or engaging personally in agriculture by 

reason of old age or bodily infirmity or necessary absence on 

account of service in the Armed Forces of the Union does not 

thereby cease to be an agriculturist within the meaning of this 

definition ; 

Definitions. 



1959 : Bom. LXX ]        Gujarat Execution of Decrees (Temporary Postponement) Act, 1959 

 

  (ii) in 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 ; 

  (iii) in the case of members of joint family or co-owners or co-

tenants, if any member, co-owner or co-tenants, ordinarily 

engages personally in agriculture, such member, co-owner or co-

tenants 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 ; 

 (b) “Civil Court” includes a Court of Small Causes. 

PART II 

STAY OF EXECUTION OF DECREES AND 
POSTPONEMENT OF INSTITUTIONS OF SUITS 

IN CERTAIN CASES UNDER SCARCITY OR FAMINE. 

3. (1) Save as provided in sub-section (5), in any area where, on account of 
any of the calamities referred to in sub-section (3) of section 1, the State 
Government 7[or an officer authorize by the State Government in this 
behalf] has granted remission or suspension of land revenue, and 
8[besides the State Government has made] a declaration of scarcity or of 
famine conditions, all proceedings in execution of any decree for 
money, all proceedings for making final any preliminary decree for fore-
closure in enforcement of a mortgage and all proceedings in execution 
of any final decree for fore-closure or sale in enforcement of a 
mortgage, passed by any Civil Court in that area on the basis of any 
liability incurred before the commencement of this Part in that area, in 
which the judgement-debtor or one of the judgement–debtors is on 
such commencement an agriculturist, shall be stayed during the period 
this Part remains in force in that area. 

 (2) In any area to which sub-section (1) applies,- 

  (a) no application for execution of any decree referred to in that 
sub-section or for making final any preliminary decree for fore-
closure 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. 

Stay of 

proceedings in 

case of certain 

decrees and   1 

Postponement of 

certain suits. 



[1959 : Bom. LXX         Gujarat Execution of Decrees (Temporary Postponement) Act, 1959 

  (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 in 
agriculturist so long as this Part remain 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. 

 (3) Where proceedings in execution of any decree have been stayed under 
sub-section (1), all attachments of growing crops, agricultural produce, 
live-stock and other moveable property of a perishable nature, made in 
execution of such decree and subsisting on the date on which the stay 
order is passed, shall be deemed to be withdrawn. 

 (4) All proceedings under the Provincial Insolvency Act, 1920 against an 
agriculturist in any area to which sub-section (1) applies whether on the 
application of the debtor or creditor, pending on the commencement of 
this Part in that area, shall be stayed during the period this Part remains 
in force in that area. 

 (5) Nothing in sub-section (1) shall apply to a proceeding subsequent to the 

sale of any property made in execution of a decree relating to such 

property. 

4. Where any decree referred to in sub-section (1) of section 3 is payable by 

installment and any instalment payable thereunder falls due while this Part 

remains in force it any area, then notwithstanding anything contained in such 

decree, failure to pay such instalment on the due date shall not be deemed to 

be a default and every such instalment shall be deemed to fall due on the 

expiration of one month from the withdrawal of this Part under sub-section (4) 

of section 1 from that area. 

5. No agriculturist in any area in which this Part is in force shall be liable to arrest 

or detention in civil prison in execution of a decree referred to in sub-section (1) 

of section 3 during the period this Part remains in force in that area. 

6. (1) In computing the period of limitation prescribed by the Indian 

Limitation Act, 1908 or any other law for the being in force, for- 

  (a) a suit in a Civil Court in any area against any agriculturist for 

money or for fore-closure or sale in enforcement of a mortgage, 

referred to in clause (b) of sub-section (2) of section 3, or 

Instalment decrees . 

Exemption from 

arrest 

Computation of the 

period of limitation. 



1959 : Bom. LXX ]        Gujarat Execution of Decrees (Temporary Postponement) Act, 1959 

 

  (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 fore-closure 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 

sub-section (4) of section 1 from that area. 

 (2) In computing the period of twelve years prescribed in section 48 of the 

Code of Civil Procedure, 1908 for an application in a Civil Court for 

execution of any decree referred to in sub-section (1) of section 3 the 

period during which this part remains in force in that area shall be 

excluded. 

 (3) In computing the aforesaid period of twelve years, the period during 

which proceedings were stayed under the Madhya Pradesh Temporary 

Postponement of Execution of Decrees Act, 1956, shall, notwithstanding 

the expiry of that Act by efflux of time, also be excluded as if that Act 

had not expired. 

7. Every transfer of immovable property or of any interest therein made in any 

area where this Part is in force, by an agriculturist who is a judgment – debtor of 

any decree referred to in sub-section (1) of section 3, during the period this Part 

remains in force in that area shall be void as against the holder of such decree. 

8. Nothing contained in this Act shall- 

 (a) prevent any decree-holder from accepting any payment under a decree 

or making any adjustment thereof voluntarily made by the judgement-

debtor; 

 (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-tenants or a co-owner, or 

for damages for a tort or for contribution between co-tenants of 

agricultural land ; or 

Code V of 1908. 

M. P. of Act V of by 

1956. 

Restrictions of 

transfer. 

Payment of certain 

decrees. 



[1959 : Bom. LXX         Gujarat Execution of Decrees (Temporary Postponement) Act, 1959 

 (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. 

PART III 

STAY OF EXECUTION OF DECREES AND POSTPONEMENT OF INSTITUTION OF SUITS IN 

CERTAIN CASES NOT FALLING UNDER PART II. 

9. (1) In any area where, on account of any of the calamities referred to in 

sub-section (3) of section 1, the State Government 9[or an officer 

authorised by the State Government in this behalf] has ordered 

suspension or remission of land revenue, the provisions of Part II shall, 

subject to the provisions of sub-section (3), also apply, so far as may be, 

in respect of judgement-debtor, a defendant, or a person, as the case 

may be, who is an agriculturist in that area, provided during the period 

this Part remains in force in that area, he makes an application to a Civil 

Court of competent jurisdiction in this behalf seeking stay of execution 

of decrees or postponement of institution of suits in the manner and to 

the extent provided by Part II, and the Court, on being satisfied that it 

would be in the interest of the agriculturist to grant the relief prayed 

for, passes an order accordingly. 

 (2) Every stay order or other order passed by the Court under sub-section 

(1) shall relate back to the date of the application filed by the 

judgement-debtor, the defendant or the person, as the case may be, 

and shall cause to operate when this Part ceases to apply to the area. 

 (3) While construing the provisions of Part II in their application so far as 

may be for the purposes of this section- 

  (a) the period to be excluded under section 6 shall be the period 

between the date of the application made under all sub-section 

(1) and 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 ; 

  (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 

Application of 

provisions of Part II to 

certain  cases of 

agriculturists not 

covered by that Part. 



1959 : Bom. LXX ]        Gujarat Execution of Decrees (Temporary Postponement) Act, 1959 

 

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. 

PART IV. 

MISCELLANEOUS. 

10. (1) The State Government may make rules for carrying into effect the 

provisions of this Act. 

 (2) All rules made under this section shall be laid for not less than thirty 

days before each House of the Legislature as soon as possible after they 

are made and shall be subject to such modifications as the Legislature 

may make during the session in which they are so laid, or the session 

immediately following. 

11. The Saurashtra Execution of Decrees (Temporary Postponement) Act, 1952 is 

hereby repealed : 

 Provided that such repeal shall not affect- 

 (a) the previous operation of any Act to repealed or anything duly done or 

suffered thereunder ; 

 (b) any right, privilege, obligation or liability acquired, accrued or incurred 

under any Act so repealed ; or 

 (c) any investigation, legal proceedings or remedy in respect of any such 

right, privilege, obligation or liability as aforesaid ; 

and any such investigation, legal proceeding or remedy may be instituted, continued or 

enforced, as if this Act had not been passed : 

Provided also that, subject to the proceeding proviso, anything done or any action 

taken under the Act so repealed (including notifications issued and rules made) shall, in 

so far as it is not inconsistent with any of the provisions of this Act, be deemed to have 

been done or taken under the corresponding provision of this Act, as if the said 

provision was in force in the relevant part of the State when such thing was done or 

such action was taken, and shall continue in force accordingly unless and until 

superseded by anything done or any action taken under this Act. 

Rules. 

Sau.XIV of 1952. Repeal and Savings. 



[1959 : Bom. LXX         Gujarat Execution of Decrees (Temporary Postponement) Act, 1959 

 

 

12. (1) The Bombay Execution of Decrees (Temporary Postponement) 

Ordinance, 1959 is hereby repealed and the provisions of sections 7 and 

25 of the Bombay General Clauses Act, 1904 shall apply to such repeal 

as if that Ordinance were an enactment. 

 (2) The Madhya Pradesh Temporary Postponement of Execution of Decress 

Act, 1956 shall stand revived. 

--------------- 

1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1959, Part V, page 

844. 

*              This word was substituted for the word “Bombay” by Guj. 15 of 2011, s. 3. 

2. These words were substituted for the words “State of Bombay” by the Gujarat Adaptation of 

laws (State and Concurrent Subjects) Order, 1960. 

3. These words were substituted by Guj. 28 of 1962, s. 2 (i). 

4. These words were substituted by Guj. 28 of 1962, s. 2 (ii). 

5. These words were substituted by Guj. 28 of 1962, s. 2 (iii). 

6. These words are substituted for the word “State of Bombay” by the Gujarat Adaptation of 

Laws (State and Concurrent Subjects) Order, 1960. 

7. These words were inserted by Guj. 28 of 1962, s. 3 (i). 

8. These words were substituted by Guj. 28 of 1962, s. 3 (ii). 

9. These words were inserted by Guj. 28 of 1962, s. 4. 

 

Repeal of Bom. 

Ordinance No. IV of 

1959 

Bom. Ord. No. IV of 

1959 

Bom. I of 1904 M. P. 

Act V of 1956.