(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 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.
(2) 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 (1) of section 31• I Bar to Civil Courts' jurisdiction 40 No suit or other proceeding against any person acting under this Act for the recovery of any public demand shall lie in any Civil Court, and no injunction shall be granted in respect of any action taken or intended to be taken in pursuance of the provisions of this Act.
Act shall not affect Interest created by mortgage, charge, pledge etc. .
41.(1) Nothing in this Act shall affect any interest of the State Government, a corporation, a Government Company or a bank in any propeny created by any mcrtgage, 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 - . (a) In .every case of a pledge of goods, proceedinqs shall first be taken for sale Jf the gO<ldspledged, 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 Tripura Gazette, Extraordinary Issue, August 24, 200 1A. D. 19 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 proeeedings 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 MISCELLANEOUS I Appeal I
42. 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.
Act not to debar recovery of dues by banks under any other law