Amendment status not verified — confirm the current text below against the official source.
( I ) No order for the arrest and detenti(?n Powcr or in civil prison of a certificate-debtor in execution detontion. arrest and of a certificate shall be made unless the Certificate Officer has issued artd served a notice upon the certificate-debtor calling upon ' , him to appear beforc llim on a day to be specified in the notice and to show cause why he should not be committed to civil prison, and unless the Certi- ficate Officer, for reasons recorded' in writing, is sat is- fied- (a) that the certificate-debtor, with the object or effect of obstructi~~g or delaying the execution of the certificate has, after the filing of the certificate in the office of Certificate Officer, dishonestly transferred, conceaIed, or removed any part of his property ; or (6) that the certificate-debtor has or had since the date of the filing of the certificate, the mea-ns to pay the amount for which the certificate has been issued, or some substantial part of such amount and refuses or neglects or has refused or neglected to pay the same. Explnnntion-In the calculation of the means of the certificate-debtor for the purpose of this clause there shall be left out of account any property which, by or under any law or custom having the force of I2w for the time Seing in force, is exempt from attachment. in execution of the certificate. (2) Notwithstanding a~ything contained .in sub- section ( I ) , if the Certificate Officer is satisfied- (a) that the property of the certificate-debtor or any part thereof is likeIy to be dishonestly transferred, concealed or removed ; or (b) that the ce'rtificate-deb tor refuses or negIects or has refused or nl-glected to pay the same ; or (c) on enquiry or evidence to be recorded in writing or on davit that the certi- ficate-debtor is iikeIy to abscond or Ieave the local limits of the jurisdict,ion of the Certificate Officer, he may issue warrant for the arrest of -the Certi- fiate-debtor. (Sec. 3 7- con rd.) (3) +here appearance is not made in obedience to a notice, issued and s e ~ e d under sub-section ( I ) , the Certificate Oficer may issue a warrant for the arrest of the certificate-debtor. (4) Every person arrested - i n pursuance of a warrant of arrest issued under sub-section (2) or sub-section (3), shall be brought before the Certi- ficate Officer as so011 as practicable and in any event within twenty-four hours of his arrest (exclusive of the time required for journey) Provided that, if the certificate-debtor or any person on his behalf pays the amount entered in the warrant of arrest as dr;e under the certificate, and the cost of the arcst, to the officer arresting him, such officer shall at once reIease him. (5) When a certi ficate-deb tor appears before the Certificate Officer in obedience to a notice to show cause or is brought before the Certificate Officer under sub-section (4, the Certificate Officer -shall proceed to hear the certificate-holder and take all such evidence as may be produced by him in support of his application for execution, and shall then give the certificate-debtor an opportunity of showing cause why he should not be committed to the civil prison. (6) -Pending the conclusion o'f the inquiry under sub-section (51, the Certificate Officer may, in his discretion, order the certificate-debtor to be detained in the custody of such officer as the Certificate Officer may think fit or release him on his executing a bond with or without sekurity to the satisraction of the Certificate Officer for his appearance when required. (7) Upon the conclusion of,-the inquiry under sub-section (5), the Certihcate Officer may subject to the provisions of section 65 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 aIready under arrest : provided that in order to give the certificate- debtor an opportunity of satisfying the certificate debt, the Certificate Officer may before making the order of detention leave the certificate-debtor in the custody of the officer arresting him or of any .other officer for a specified period not exceeding fifteen days or release him on his furnishing security to the satisfaction of the Certificate Oficer for his a pearance at the expiration of the specified period i ? the cemcate debt be not sooner satisfied. (8) When the Certificate Officer does not make an order of detention under sub-section (7), he shall, if the certikate-debtor is under arrest, direct his release. b l a s e f r o m