(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 foreclosure 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 foreclosure 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made in execution of such decree and subsisting on the date on which the stay order is passed, shall be deemed to be withdrawn.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.