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  "title": "PUNJAB RELIEF OF INDEBTEDNESS ORDINANCE, 1960",
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  "text": "THE PUNJAB RELIEF OF INDEBTEDNESS ORDINANCE, \r\n1960 \r\n(XV of 1960) \r\nCONTENTS \r\n1. Short title and extent. \r\n2. Definitions. \r\n3. Powers of the Court to limit interest recoverable in certain cases. \r\n4. Deposit in Court. \r\n5. Immunity from arrest. \r\n6. Exemption from the provisions of Order XXI, Rule 2(3) of the Civil \r\nProcedure Code. \r\n7. Exemption of houses, etc., from attachment or sale. \r\n8. Exemption of milch animals, etc., from attachment or sale. \r\n9. Agreement for waiving exemption void. \r\n10. Powers of Court to order payment of amount due on mortgage by \r\ninstalments. \r\n11. Powers of Court to direct payment of amount decreed by instalments. \r\n12. Interest after the commencement of this Ordinance. \r\n13. Power to make rules. \r\n14. Repeal. \r\nSCHEDULE \r\n \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] RELIEF OF INDEBTEDNESS ORDINANCE, 1960 \r\n(XV of 1960) \r\n[27 April 1960] \r\nAn \r\nOrdinance \r\nto amend and consolidate the law relating to the relief of indebtedness in the \r\nProvince of \r\n3\r\n[the Punjab]. \r\nPreamble.– WHEREAS it is expedient to amend and consolidate the law relating to \r\nthe relief of indebtedness in the Province of \r\n4\r\n[the Punjab]; \r\n NOW, THEREFORE , in pursuance of the Presidential Proclamation of the \r\nseventh day of October, 1958, and having received the previous instructions of the \r\nPresident, the Governor of West Pakistan is pleased, in exercise of all powers \r\nenabling him in that behalf, to make and promulgate the following Ordinance:– \r\n1. Short title and extent.– (1) This Ordinance may be called the \r\n5\r\n[Punjab] Relief \r\nof Indebtedness Ordinance, 1960. \r\n \r\n6\r\n[(2) It extends to the whole of the Province of  \r\n7\r\n[the Punjab] , exce pt the \r\nTribal Areas.] \r\n2. Definitions.– In this Ordinance, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectively assigned to \r\nthem, that is to say– \r\n(a) “Court” or “Civil Court” includes a Court of insolv ency, a  receiver \r\nappointed under the Provincial Insolvency Act, 1920\r\n8\r\n, and an arbitrator \r\nappointed with the consent of the parties or by an order of a Court; \r\n(b) “debt” includes all liabilities of a debtor in cash or in kind, secured or \r\nunsecured, payable under a decree or order of a Civil Court or \r\notherwise, whether mature or not, but shall not include debts incurred \r\n                                                           \r\n1This Ordinance was promulgated by the Governor of West Pakistan on March 17, 1960 , published in the West Pakistan \r\nGazette (Extraordinary), dated April 27, 1960 , pp. 1759-1793; saved and given permanent effect by Article 225 of the \r\nConstitution of the Islamic Republic of Pakistan (1962). \r\n2Substituted for the words “West Pa kistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974)  (w.e.f 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, s. 2 read with Schedule, Part \r\nIII, Serial No. 38. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West \r\nPakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 36. \r\n7Substituted for the words “West Paki stan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974)  (w.e.f 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, s. 2 read with Schedule, Part \r\nIII, Serial No. 38. \r\n8V of 1920. \r\nfor the purposes of trade, arrears of wages, land -revenue or anything \r\nrecoverable as arrears of land -revenue, or taxes or rates payable to \r\nGovernment or any local authority, or any debt which is barred by the \r\nlaw of limitation or a debt due to a co -operative bank, co -operative \r\nsociety or any banking company registered under the Companies Act, \r\n1913\r\n1\r\n, or any bank which is a “scheduled bank” as de fined in the State \r\nBank of Pakistan Act, 1956\r\n2\r\n; \r\n(c) “debtor” means a person who owes a debt; and– \r\n(i) who both earns his livelihood mainly by agriculture and is either \r\na land-owner or tenant of agricultural land; or \r\n(ii) who earns his livelihood as a villa ge artisan paid in cash or kind \r\nfor work connected with agriculture; or \r\n(iii) whose total assets do not exceed five thousand rupees; \r\nExplanation.– A debtor shall not lose his status as such; \r\n(i) through involuntary unemployment or on account of incapacity,  \r\ntemporary or permanent, by bodily infirmity, or, if he is or has \r\nbeen in the Armed Forces of Pakistan, only on account of his \r\npay and allowances or pension exceeding his income from \r\nagricultural sources; \r\n(ii) by reason of the fact that he derives income b y using his plough \r\ncattle for purposes of transport; \r\n(iii) only because he does not cultivate with his own hands; \r\n(d) “interest” means rate of interest and includes the return to be made \r\nover and above what was actually lent whether the same is charged or \r\nsought to be recovered specifically by way of interest or otherwise. \r\n3. Powers of the Court to limit interest recoverable in certain cases .– \r\nNotwithstanding anything contained in any agreement or any law for the time being \r\nin force, no Court shall pass or execute a decree or give effect to an award in \r\nrespect of a debt for a larger sum than twice the amount of the sum found by the \r\nCourt to have been actually advanced less any amount already received by the \r\ncreditor. \r\n4. Deposit in Court.– (1) Any person who owes money may at any time deposit \r\nin Court a sum of money in full or part payment to his creditor. \r\n (2) The Court, on receipt of such deposit, shall give notice thereof to the \r\ncreditor and shall, on his application, pay the sum to him. \r\n (3) From the date of such deposit, interest shall cease to run on the sum \r\nso deposited. \r\n                                                           \r\n1VII of 1913. \r\n2XXXIII of 1956. \r\n5. Immunity from arrest .– No debtor shall be arrested or imprisoned in \r\nexecution of a decree for money, whether passed before or after the commencement \r\nof this Ordinance. \r\n6. Exemption fr om the provisions of Order XXI, Rule 2(3) of the Civil \r\nProcedure Code.– Nothing in Order XXI, Rule 2, sub -rule (3) of the Code of Civil \r\nProcedure, 1908\r\n1\r\n, shall apply to an adjustment or payment made by a debtor. \r\n7. Exemption of houses, etc., from attachmen t or sale .– Notwithstanding \r\nanything contained in the Code of Civil Procedure, 1908\r\n2\r\n, the houses and other \r\nbuildings (with the materials and the sites thereof and the land immediately \r\nappurtenant thereto and necessary for their enjoyment) belonging to a de btor, shall \r\nnot be liable to attachment or sale in execution of any decree, if such houses and \r\nother buildings are not proved by the decree holder to have been let out on rent or \r\nlent to persons other than the debtor’s father, mother, wife, son, daughter, daughter-\r\nin-law, brother, sister or other dependent or left vacant for a period of a year or more: \r\n Provided that the protection afforded by this section shall not extend to any \r\nproperty specifically charged with the debt sought to be recovered. \r\n8. Exemption of milch animals, etc., from attachment or sale .– \r\nNotwithstanding anything contained in the Code of Civil Procedure, 1908\r\n3\r\n, milch \r\nanimals, whether in milk or in calf, kids, calves, animals used for the purpose of \r\ntransport or draught, carts and open spa ces or enclosures required by the debtor in \r\ncase of need for tying cattle, parking carts or stacking fodder or manure shall not, if \r\nthey belong to a debtor, be liable to attachment or sale in execution of any decree: \r\n \r\n4\r\n[Provided that the protection afforde d by this section shall be available to the \r\ndebtor only if it is necessary for his own maintenance or that of his family.] \r\n9. Agreement for waiving exemption void. – Notwithstanding any other law for \r\nthe time being in force any agreement by which a debtor a grees to waive any benefit \r\nof any exemption under section 7 or 8 shall be void. \r\n10. Powers of Court to order payment of amount due on mortgage by \r\ninstalments.– Notwithstanding anything contained in any law for the time being in \r\nforce or in any contract, a Court may, at the time of passing a decree in any suit \r\nrelating to a mortgage by which any loan is secured, order that payment of any \r\namount decreed in such suit shall be made in such number of instalments and on \r\nsuch dates and subject to such conditions a s, having regard to the circumstances of \r\nthe debtor and the amount of the decree, it considers fit. \r\n11. Powers of Court to direct payment of amount decreed by instalments .– \r\nNotwithstanding anything contained in any law for the time being in force or in any  \r\ncontract, a Court may, at any time, on the application of a judgment debtor, after \r\n                                                           \r\n1V of 1908. \r\n2V of 1908. \r\n3V of 1908. \r\n4Added by the Punjab Relief of Indebtedness Ordinance (Amendment) Ordinance, 1985 (XVI of 1985), published in the Gazette \r\nof Punjab (Extraordinary), dated February 23, 1985, s. 2. \r\nnotice to the decree holder, direct that the amount of any decree, whether passed \r\nbefore or after the commencement of this Ordinance, in respect of a debt, including \r\nany decree in a suit relating to a mortgage by which any loan is secured, shall be \r\npaid in such number of instalments and on such dates and subject to such conditions \r\nas, having regard to the circumstances of the judgment debtor and the amount of the \r\ndecree, it considers fit. \r\n12. Interest after the commencement of this Ordinance .– Government may, \r\nby notification in the Official Gazette, direct that in any specified area no debtor shall \r\nbe charged interest on any debt incurred by him after the date of the notifica tion at a \r\nrate higher than that specified in the notification. \r\n13. Power to make rules .– (1) Government may, after previous publication, \r\nmake rules\r\n1\r\n for carrying into effect the provisions of this Ordinance. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npowers such rules may provide– \r\n(a) for determining the Court into which moneys may be deposited under \r\nthe provisions of section 4; \r\n(b) for the procedure for keeping accounts of such deposits and the \r\nmanner in which notices are t o be served on creditors and payments \r\nmade to them. \r\n14. Repeal.– The enactments specified in the Schedule are hereby repealed to \r\nthe extent mentioned in the fourth column thereof. \r\nSCHEDULE \r\n(See section 14) \r\nYear No. Short Title Extent of \r\nrepeal \r\n1 2 3 4 \r\n1934 VII The Punjab Relief of Indebtedness \r\nAct, 1934. \r\nSections 30 \r\nto 36. \r\n1934 VII The Punjab Relief of Indebtedness \r\nAct, 1934, in its application to the \r\nformer Bahawalpur State. \r\nSections 30 \r\nto 36. \r\n1937 IV The North -West Frontier Province \r\nPetty Zamindars Relief Act, 1936. \r\nThe whole. \r\n1939 IV The North -West Frontier Province \r\nAgriculturists Debtors’ Relief Act, \r\n1939. \r\nThe whole. \r\n1940 VIII The Sind Agriculturists Relief Act, \r\n1940. \r\nThe whole. \r\n \r\n                                                           \r\n1The rules titled “the West Pakistan Relief of Indebtedness Rules, 1961” were issued vide Notification No. L&F-II-17/50-56, \r\ndated May 24, 1961, published in the Gazette of West Pakistan, Part I, dated June 9, 1961, p. 281.",
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