Detention in and release from prison

(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 two hundred and 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 Collector; 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 rearrested under the certificate in execution of which he was detained in the civil prison. (1) If the bidding for a tenure or a holding at fixed rates put up to auction under rule 38, does not reach a sum sufficient to liquidate the amount of the certificate and costs as aforesaid, and if the certificate-holder thereupon desires that the tenure or holding be sold with power to avoid all incumbrances, the person holding the sale shall adjourn the sale and make a fresh proclamation under rule 25 announcing that the tenure or holding will be put up to auction and sold with power to avoid all incumbrances, on a future day specified therein, not less than fifteen or more than thirty days from the date of the postponement; and on that day the tenure or holding shall be put up to auction and sold with power to avoid all incumbrances. (2) The purchaser at a sale under this rule may, in manner provided by section 221 of the Orissa Tenancy Act, 1913, and not otherwise, annul any incumbrance on the tenure or holding.