61. Partial exemption of agricultural produce.—The State Government * * * may, by general or special order published in the Official Gazette, declare that such portion of agricultural produce, or of any class of agricultural produce, as may appear to the State Government to be necessary for the purpose of providing until the next harvest for the due cultivation of the land and for the support of the judgment-debtor and his family, shall, in the case of all agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in execution of a decree. 1. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the First Schedule.
Section 61 CPC: Partial exemption of agricultural produce
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
The State Government may by general or special order published in the Official Gazette declare that a portion of agricultural produce, or of any class of it, shall be exempt from attachment or sale in execution of a decree. The portion is what appears necessary to provide, until the next harvest, for due cultivation of the land and for support of the judgment-debtor and his family. The exemption may apply to all agriculturists or to a class of them.
Part II: Execution
- 36 Application to orders
- 37 Definition of Court which passed a decree
- 38 Court by which decree may be executed
- 39 Transfer of decree
- 40 Transfer of decree to Court in another State
- 41 Result of execution proceedings to be certified
- 42 Powers of Court in executing transferred decree
- 43 Execution of decrees passed by Civil Courts in places to which this Code does not extend
- 44 Execution of decrees passed by Revenue Courts in places to which this Code does not extend
- 44A Execution of decrees passed by Courts in reciprocating territory
- 45 Execution of decrees outside India
- 46 Precepts
- 47 Questions to be determined by the Court executing decree
- 48 Execution barred in certain cases (Repealed)
- 49 Transferee
- 50 Legal representative
- 51 Powers of Court to enforce execution
- 52 Enforcement of decree against legal representative
- 53 Liability of ancestral property
- 54 Partition of estate or separation of share
- 55 Arrest and detention
- 56 Prohibition of arrest or detention of women in execution of decree for money
- 57 Subsistence-allowance
- 58 Detention and release
- 59 Release on ground of illness
- 60 Property liable to attachment and sale in execution of decree
- 61 Partial exemption of agricultural produce
- 62 Seizure of property in dwelling-house
- 63 Property attached in execution of decrees of several Courts
- 64 Private alienation of property after attachment to be void
- 65 Purchaser’s title
- 66 Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff (Repealed)
- 67 Power for State Government to make rules as to sales of land in execution of decrees for payment of money
- 68 Power to prescribe rules for transferring to collector execution of certain decrees (Repealed)
- 69 Provisions of Third Schedule to apply (Repealed)
- 70 Rules of Procedure (Repealed)
- 71 Collector deemed to be acting judicially (Repealed)
- 72 Where Court may authorize Collector to stay Public Sale of Land (Repealed)
- 73 Proceeds of execution-sale to be rateably distributed among decree-holders
- 74 Resistance to execution