section 31
Detention in and release from prison
The Bengal Public Demands Recovery Act, 1913(1) Every person detained in the civil prison in execution of a certificate may be so detained,- (a) where the certificate is for a demand of an amount exceeding fifty rupees - for a period of six months, and (b) in any other case - for a period of six weeks: Provided that he shall be released from such detention- (i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil prison, or (ii) on the certificate being otherwise fully satisfied, or cancelled, or (iii) on the request of the person (if any) on whose requisition the certificate was filed, or of the Deputy Commissioner, or (iv) on the omission by the person (if any) on whose requisition the certificate was filed to pay the subsistence allowance fixed by the Certificate Officer: Provided also that he shall not be released from such detention under clause (ii) or clause (iii) without the order of the Certificate Officer. (2) A certificate-debtor released from detention under this section shall not; merely by reason of his release, be discharged from his debt; but he shall not be liable to be re arrested under the certificate in execution of which he was detained in the civil prison. If the certificate-holder shall withdraw an attachment, or if it be withdrawn under rule 26 or rule 33, the attaching officer shall inform the debtor, or in his absence, an adult member of his family, that the property is at his disposal. In the absence of any person to take charge of it, or in case the officer shall have had notice of claim by a person other than the certificate-debtor, the officer shall, if the property has been moved from the premises in which it was seized, replace it where it was found at the time of seizure. lf the certificate-holder shall withdraw an attachment, or if it be withdrawn under rule 26 or rule 33, the attaching officer shall inform the debtor, or in his absence, an adult member of his family, that the property is at his disposal. In the absence of any person to take charge of it, or in case the officer shall have had notice of claim by a person other than the certificate-debtor, the officer shall, if the property has been moved from the premises in which it was seized, replace it where it was found at the time of seizure.
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