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।