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State of Odisha - Section

Section 40 in The Orissa Public Demands Recovery Act, 1962

40. Release on ground of illness.

(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 serious illness of the certificate-debtor.
(2)Where a certificate-debtor has been arrested, the Certificate Officer may release him if, in the opinion of the Certificate Officer, he is not in a fit state of health to be detained in the civil prison.
(3)Where a certificate-debtor has been committed to the civil prison, he may be released therefrom -
(a)by the Collector, on the ground of the existence of any of infectious or contagious disease ; or
(b)by the Certificate Officer, or the Collector on the ground of his suffering from any serious illness.
(4)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 specified in Sub-section (1) of Section 39.