(1) The attachment of a decree or award as mentioned in section 13(b) may be made by issue to the Civil Court or the Tribunal or other, authority of a notice with request to stay the execution of the decree or payment of the award unless and until- '
(i) the Certificate Officer cancels the notice; or
(ii) the certificate holder or the certificate debtor applies to the Court to execute the attached decree for satisfaction of the, certificate from the net proceeds.
(2) When a Civil Court, Tribunal or other Authority receives an application under Clause (ii) of sub-section (1) it shall subject to the provisions of the Code of Civil Procedure, 1908, proceed to execute the attached decree and apply the net proceeds for satisfaction of the certificate.
(3) The certificate holder shall be deemed to be the representative of the holder of the attached decree, and be entitled to execute such attached decree in any manner lawful for the holder thereof.
Power to arrest! : 29. (I) Before a Certificate Officer makes order for execution of a certificate and.detention L; 'by arresting the certificate debtor and detaining him in the civil prison he shall issue and serve a notice upon the certificate debtor calling upon him to appear before the certificate officer on a date to be specified in the notice and to show cause why he should not be committed to civil pnson.
(a) Ifthe Certificate Officer after considering the.cause shown by the certificate debtor, or no cause is shown with iJi;the specified period, if satisfied that the Application of proceeds of sale.
Precautionary measures . in certam cases.
Attachment of decree 8 , "), Release from 'if.+est'aWd ' ,; , "r~lattesti.J . ii, J .
9 certificate debtor with the object of obstructing or delaying execution of the certificate has, after the filling of the certificate in the office 'Of the Certificate Officer, dishonestly transferred, cancelled or removed any of his property or any part thereof; 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 or any substantial part thereof for which the certificate has been issued and has refused or neglected to pay the same, may issue the order for the arrest and detention in civil prison of the certificate debtor.' f
(2) Notwithstanding anything contained in sub-section (l)--
(i) a warrant for the arrest against the certificate debtor may be issued by the Certificate Officer if the Certificate Officer is satisfied, by affidavit or otherwise, that with the object of delaying the execution of the certificate the certificate debtor is likely to abscond or leave the local limits of the j urisd iction of the Certificate Officer;
(ii) where an appearance is not made in obedience to a notice issued and served under sub-section (1), the Certificate Officer may issue a warrant of arrest against the certificate debtor.
(3) Every person arrested in pursuance of a warrant issued under sub-section (2), shall be brought before the Certificate Officer as soon as practicable and in any event within 24 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 the certificate and the cost of the arrest to the officer arresting him, such officer shall at once release him.
(4) When a certificate debtor appears before the Certificate Officer in obed ience to a notice to show cause or is brought before the certificate Officer under sub-section (3) the Certificate Officer shall proceed to hear as to why he should not be committed to the civil prison.
(5) Pending conclusion of the hearing under sub-section (4) the Certificate Officer may, ih 'his discretion, order that the certificate debtor be detained in the custody of such officer or authority as the certificate officer may think fit or release him on his furnishing a security to the satisfaction of the Certificate Officer for his appearance when required.
(6) Upon conclusion of the hearing under sub-section (4) 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 h~ is not already in custody.
,(7) When the Certificate Officer does not make any order under sub-section (6) he shall, if the certificate debtor is under arrest, direct his release ..
. 1.. ,
30. (I) The. Certificate Officer 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.
Detention in, and release from prison, Relase on ground of illness Bar to civil court jurisdiction Act shall not affect interest created by mortgage charge, pledge etc.
10
(2) lfthe Certificate Officer has ground for believing the disclosure made by a certificate debtor under sub-section (I) to have been untrue, he may order the re-arrest 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 authorized by sub-section (I) of Section 3 I .
31. (I) Ever)' 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. 5,0001-, 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 (I) 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.
(I) 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 his serious illness or that he is not in a fit state of health to be detained in the civil prison or on ground of any infections or contagious disease.
A certificate debtor released under this section may be re-arrested, but the period of his detention in the civil prison shall not in the aggregate exceed that authorized by sub-section (I) of Section 3 I \ , No suit or other proceeding against any person acting under this Act for the recovery of any public demand shall lie in any civil COUlt,and no injunction shall be granted in respectof any action taken or intended to be taken in pursuance of the provisions of this Act.
(I) Nothing in this Act shall affect any interest of the State Government, a Corporation, a Government Company or a bank in any property created by any mortgage, charge, pledge or other encumbrance.
(2) Where the property of a certificate debtor is subject to any mortgage, charge, pledge or other encumbrance in favour of the State Government, a Corporation, a Government Company or a bank then-
32.
(2)
33.
34.
Appeal.
Act not to debar recovery of dues by bank under any other law.
Power of State Government to make rules.
11
(a) In every case of a pledge of goods, proceedings shall first be taken for sale of the goods pledged, and if the proceeds of such sale are less than the sum due, then proceedings shall be taken for recovery of the balance;
(b) In every case of a mortgage, charge or other encumbrance on immovable property, such property or, as the case may be, the interest of the certificate debtor therein, shall first be sold in proceedings for recovery of the sum due from him as if it were an arrear of land revenue, and any other proceedings may be taken thereafter only if Certificate officer certifies that there is no prospect of realization of the entire sum due through the first mentioned process within a reasonable time.
CHAPTER IV MISCELLAN EOUS
35. Any person aggrieved by any order of the Certificate Officer may file appeal within a period of 30 days from the date of passing such order. If the Certificate Officer is of the rank of the Deputy Collector the appeal shall lie to the District Collector and if the District Collector himself is the Certificate Officer, the appeal shall lie to the Revenue Secretary to the State Government.