Library/CPC/Section 57
Section 57Procedural

Subsistence-allowance

Full Text

The State Government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of judgment-debtors.

Plain English Summary

Section 57 empowers State Governments to prescribe scales of monthly subsistence allowance payable by a decree-holder for the maintenance of a judgment-debtor detained in civil prison.

Key Legal Elements

  • State Power to Fix Scales: Authorizes the State Government to establish monthly subsistence allowances.
  • Graduated Categorization: Scale historically differentiated according to rank, race, and nationality.
  • Precondition for Detention: Forms the basis of subsistence allowance that decree-holders must deposit under Order XXI Rule 39.
  • Cost Borne by Decree-Holder: Payable by the executing creditor as a condition precedent to keep the debtor detained.

Practical Note

Order XXI Rule 39 Interplay & Non-Payment Release: (1) Mandatory Advance Deposit: Under Order XXI Rule 39, the decree-holder must pay the subsistence allowance into court in advance month-by-month at the scale fixed by the State Government under Section 57. (2) Consequence of Non-Payment: If the decree-holder fails to deposit the subsistence allowance on or before the specified date, the judgment-debtor is entitled to immediate release from civil prison. (3) Added to Costs: Subsistence allowances paid by the decree-holder are added to the costs of execution and recoverable from the debtor's estate, but the debtor cannot be re-arrested for non-payment of these costs.

हिंदी पाठ

राज्य सरकार निर्णीत-ऋणियों के निर्वाह के लिए संदेय मासिक भत्तों के ऐसे मापमान नियत कर सकेगी जो पंक्ति (पद), मूलवंश और राष्ट्रीयता के अनुसार क्रमबद्ध हों।