(1) Before a Certificate Officer makes an order for execution of a certificate by arresting the certificate debtor and detaining him in the civHprison he shall issue and serve a notice in Form No.11 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 prison.
(a) If the Certificate Officer after considering the cause shown by the certificate debtor, or if no cause is shown within the specified period, if satisfied that the certificate debtor with the object of obstructing or delaying execution of the certificate has, after the filling of the certifica~e in the Office ot the Certificate Officer, disllonestly 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 in Form No.12 and detention in civil prison of the certificate debtor.
(2) Notwithstanding anything contained in Stfb-Section (1) -
(i) A warrant for the arrest against the certificate debtor may be issued by the Certificate Officer if the Certificate Officer is satlsfied, 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 jurisdiction of the Certificate Officer;
TripuraGazette,ExtraordinaryIssue,August 24, 2001A.D. 15
(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 wtthin 24 hours of his arrest (exclusive of the time required for journey) :
(4) When a certificate debtor appears before the Certificate Officer in obedience to a notice to show or is brought before the Certificate Officer under Sub-Section (3) the Certificate Officer shal! 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, in 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 reql.lired.
(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 he 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.
(8) (i). A certificate debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison of the district in which the Court ordering the detention is situated, or, where such civil prison does not afford suitable accommodation, if any other place which the state Government may apooint for the detention of persons ordered by the Courts of such district to be detained :
Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be entered after sunset and before sunrise :
,
Provided, secondly, that no outer door of a dwelling house shall be broken open unless such dwelling-house is in the occ-upancyof the certficate debtor and he refuses or in any way prevents access there to, but when the officer authorized to make the arrest has duly gained access to any dwelling house, he may break open the door of any room in which he has reason to believe the certificate debtor is to be found:
\. \ 16 TripuraGazette, Extraord~\ssue, August 24, 2001 A. D.
Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the CertifJcatedebtor and who according to the customs of the country does not appear in public, the Officer authorized to make the arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest:
Provided, fourthly, that, where the decree in execution of which a certificate debtor is arrested, is a decree for the payment of money and the certificate debtor pay the amount of the decree and the costs of the arrest to the Officer arresting him, such Officer shall at once release him.
(2) The State Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execunon of a decree otherwise than in accordance with the provisions and procedures provided in the procedural legislations in this respect.
(3) Where a certificate debtor is arrested in execution of a decree for the payment of money and brought before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he may be discharged if he has not committed any act of bad faith regarding the subject of the application and if he complies with the provision of me law of insolvency for the time being in force.
(3) Where a certificate debtor expresses his intention to apply to be declared an insolvent and furnishes security, to the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the Court may release him from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realized or commit him to the civil prison in execution of the decree.
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Tripura Gazette, Extraordinary Issue, August 24, 2001 A. D. 17 J I Release of a ~rson arrested
37.(1) 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.
(2) If the Certificate. Officer has groUl:Jdfor believing the disclosure made by a certificate debtor under stJirsection( 1) to have been untrue, he may order jhe 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 (1) of section
31.
I Detention in and release from prison
38.(1) Every person detained in the civil prison in execution of a certificate may be so detained.
(a) Where the certificate is for demand of an amount exceeding Rs.5,OOO/-, 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) 18 Tripura Gazette, Extraordinary Issue, August 24,2001 A. D.
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 Release on grounds of illness