Amendment status not verified — confirm the current text below against the official source.
(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. Powerto 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.. ,