Release on ground of illness

(1) At any time after a warrant for the arrest of a certificate-debtor has been issued, the Certificate Officer may cancel it on the ground of serious illness of the certificate-debtor. (2) Where a certificate-debtor has been arrested, the Certificate Officer may release him if, in the opinion of the Certificate Officer, he is not in a fit state of health to be detained in the civil prison. (3) Where a certificate-debtor has been committed to the civil prison, he may be released therefrom— (a) by the Collector, on the ground of the existence of any infectious or contagious disease; or (b) by the Certificate Officer, or the Collector on the ground of his suffering from any serious illness. (4) A certificate-debtor released under this section may be rearrested, 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. (1) When an occupancy holding 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 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 incumbrances on the holding.