Release from arrest and rearrest

(1) The Collector may order the release of a certificate-debtor who has been arrested in execution of a certificate, upon being satisfied that he has disclosed the whole of his property and has placed it at the disposal of the Certificate Officer and that he has not committed any act of bad faith. (2) If the Certificate Officer has ground for believing the disclosure made by a certificate-debtor under sub-section (1) to have been untrue, he may order the rearrest of the certificate-debtor in execution of the certificate, but the period of his detention in the civil prison shall not in the aggregate exceed that specified in sub-section (1) of section 39; Provided that if such order is passed by a Certificate Officer other than the Collector, the previous sanction of the Collector shall be necessary. (1) When a tenure or a holding at fixed rates, situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913, is in force, has been advertised under rule 25 for sale in execution of a certificate for arrears of rent due in respect thereof; it shall be put to auction subject to registered and notified incumbrances; and, if the bidding reaches a sum sufficient to liquidate the amount of the certificate and the costs of the sale, the tenure or holding shall be sold subject to such incumbrances. (1) When a tenure or a holding at fixed rates, situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913, is in force, has been advertised under rule 25 for sale in execution of a certificate for arrears of rent due in respect thereof; it shall be put up to auction subject to registered and notified incumbrances; and, if the bidding reaches a sum sufficient to liquidate the amount of the certificate and the costs of the sale, the tenure or holding shall be sold subject to such incumbrances. (2) The purchaser at such sale may, in manner provided by section 221 of the Orissa Tenancy Act, 1913, and not otherwise, annul any incumbrance upon the tenure or holding, not being a registered and notified incumbrance.