(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 cotenants, if any member, co-owner or co-tenants, ordinarily engages personally in agriculture, such member, co-owner or cotenants shall be deemed to be an agriculturist, although the other members of the joint family or other, co-owners or cotenants 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.