Power to arrest and detention

(1) No order for the arrest and detention in civil prison of a certificate-debtor in execution of a certificate shall be made unless the Certificate-officer has issued and served a notice upon the certificate-debtor, calling upon him to appear before him on a date to be specified in the notice and to show cause why he should not be committed to civil prison and unless the certificate-officer for reasons recorded in writing is satisfied— (a) that the Certificate-debtor, with the object or effect of obstructing or delaying the execution of the certificate, has after the filing of the certificate in the office of the Certificate-officer, dishonestly transferred, concealed, or removed any part of his property; or (b) that the certificate-debtor has or has had since the date of the filing of the certificate, the means to pay the amount for which the certificate has been issued, or some substantial part of such amount and refuses or neglected to pay the same. Explanation : In the computation of the means of the certificate-debtor for the purpose of this clause, there shall be left out of account any property which, by or under any law or custom having the force of law for the time being in force, is exempt from attachment in execution of the certificate. (2) Notwithstanding anything contained in sub-section (1), a warrant for arrest of the certificate-debtor may be issued by the Certificate-officer, if the Certificate-officer is satisfied by affidavit or otherwise that with the object or effect of delaying the execution of the certificate, the certificate-debtor is likely to abscond or leave the local limits of the jurisdiction of the Certificate-officer. (3) (Missing text) (4) Every person arrested in pursuance of a warrant of arrest issued under sub-section (2) or sub-section (3), shall be brought before the Certificate-officer as soon as practicable, and in any event within twenty four hours of his arrest (exclusive of the time required for journey) Provided that, if the certificate-debtor pays the amount entered in the warrant of arrest as due under certificate, and the cost of arrest, to the officer arresting him, such officer shall at once release him. (5) When a certificate-debtor appears before the Certificate-officer in obedience to a notice to show cause or is brought before the certificate-officer under sub-section (4), the Certificate officer shall proceed to hear the certificate-holder and take all such evidence as may be produced by him in support of his application for execution and shall then give the certificate debtor an opportunity of showing cause why he should not be committed to the civil prison. (6) Notwithstanding anything contained in the Criminal Procedure Code, 1973, pending the conclusion of the inquiry under sub-section (5), the Certificate-officer may, in his discretion, order the certificate-debtor to be detained in the custody of such officer, as the Certificate-officer may think fit or release him on his furnishing security to the satisfaction of the Certificate-officer for his appearance when required. (7) Upon the conclusion of the inquiry under the sub-section (5), the Certificate-officer may subject to the provision of section 31 make an order for the detention of the certificate-debtor in the civil prison and shall in that event cause him to be arrested, if he is not already under arrest : Provided that in order to give the certificate-debtor an opportunity of satisfying the certificate-debt, the Certificate-officer may, before making the order of detention, leave the certificate-debtor in the custody of the officer arresting him or of any other officer for specified period not exceeding fifteen days of releasing him on furnishing security to the satisfaction of the Certificate-officer for his appearance at the expiration of the specified period, if the certificate debt be not sooner satisfied. (8) When the Certificate-officer does not make an order of detention under sub-section (7), he shall, if the certificate-debtor is under arrest, direct his release.