Amendment status not verified — confirm the current text below against the official source.
Prohibition of arrest or detention of minor and persons under disability : (l) Notwithstanding anything contained in this Act, Certificate-officer shall not order arrest or detention in civil prison of- (a) a minor; or (b) any person who, in his opinion, is of unsound mind, (2). Whenever it is necessary to arrest a women, no such arrest shall be made between sunset and sunrise. PART?IV .. REFERENCE··• op·.·· CIVJL COURT Suit in civil Court to have certificate cancelled or modified: -The tertificate-debtor·may, ?( anr tirtie within six months- .,ql Jrpm iP.t; s?zyic" lJP.J:nt ]J,µn .-9,fthe J;t,q*e.i:c;qµir?qb?10,section.6, or ·{21 if he files, in accordance with section 8, .a petitio.n dMying liability from Jbe x!la.t('gf deteqninatio.:n. .of. :the ;petition, .or ifhe 'appeals, in .accordanee with section 50 f tom an order passed under section 9-frotu the date of the decision of such appeal, bring a suit in the QvU ·.:?ourt to h?Vt?the certificate cancelled ()f modified, and for any furthen. ·conseq:µentiai relief to which he may be entitled: Provided that no such suit slu1ll be entertained=- (a) in any case, if the certificate- debtor ha? omitted to file, in accordance with section 8, a petition denying liability, or to state in his petition denying liability the ground upon which he claims to have certificate cancelled er modified,·. and cannot satisfy the Court that there was good reason for the omission, or (b) in the case of a certificate for a demand mentioned in Article l or Article 2 of·the Schedule appended to this Act, if the certificate debtor has not paid the amount due under the certificate to tho Certificate-officer; {i} within thirty days from the service of the ?otice required by section 6, or (ii)' if he has filed in accordance with section 8, a petition denying liability-then within thirty days from the date of determination of the petition, or (iii) if he has appealed in accordance with section 50-then within thirty days from the decision of the appeal. Provided that no sale in execution of -a certificate shall be set aside in such a suit; unless the purchaser has been made a party 'to the suit .?ncl until a . direction.js made for /the .refut1d of the amount of the purchase-money w?th. such ill?erest (if any) as the Court may allow not exceeding six per cent annum. jy:?t Grounds . for Cancellation gr modification of cectificate by civil court: \O;) · No eertiflcate duly fil? under this Act shall be <::anceUe.d ?y a Civil Court except on one. of the followings, gr9;!i;o.cli;,namely-« 16 (a) that the amount stated in the certificate was actually paid or discharged before the signing of the certificate; or (b) that no part ofthe stated in cegificate was due by the certillcate-debtok; to the certificate-holder; or (e) that, i,n the. case of fines imposerl or cost, charges, expenses, damages.] duties "or ·•foesadjusted by a Deputy . Commissioner or . a public officer:g · under any · law orany rule having the force of law, the proceedings ofj such Deputy Commissioner or public officer were not in substantial/ conformity with the provisions ofsuch law or rule, and that in consequences the certificate-debtor suffered substantial· injury from some error, defect or irregularity in such proceedings. (2) No certificate duly filed under this Act shall be modified by a Civil Court except on one of the following grounds, namely- (i) that a portion of the alleged debt was not due; or (ii) that the certificate- debtor has not received credit for any portion which. he has paid. (3) Nothing contained inthissection shall interfere with tho ordinary origina] jurisdiction of the Gauhati High Court.