Detention in and release from prison.

General200038 sections4 chapters

Chapter III EXECUTION OF CERTIFICATE

Statutory text

(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 Rs. 5,000/-, for a period which may extend from six months to two years.
- (b) in any other case for a period which may extend to three months.
(2) Notwithstanding the provision of sub-section (1) a certificate debtor may be released from 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 satisfied, or cancelled ; or
- (iii) on the omission of the PDRO on whose requisition the certificate was filed to pay the subsistence allowance fixed by the Certificate Officer: Provided that the certificate debtor shall not be so released from detention except under an order of the Certificate Officer.
(3) A certificate debtor released from detention under clause (iii) of sub-section (2) shall not, merely by reason of his release, be discharged from his debt, but he shall not be liable to be re-arrested and detained in the civil prison in execution of the same certificate.,

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