Section 40 in Bihar and Orissa Public Demands Recovery Act, 1914
40. Detention in, and release from prison.
(1)Every person detained in the civil prison in execution of a certificate may be so detained -(a)where the certificate is for a demand of an amount exceeding fifty rupees-for a period of six months, and(b)in any other case - for a period of six weeks:Provided that he shall be released from such detention -(i)on the amount mentioned in the warrant for his detention being paid to the office-in-charge of the civil prison, or(ii)on the certificate being otherwise fully satisfied or cancelled, or(iii)on the request of the person (if any) on whose requisition the certificate was filed or of the Collector, or(iv)on the omission by the person (if any) on whose requisition the certificate was filed to pay the subsistence allowance fixed by the Certificate Officer:Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii) without the order of the Certificate Officer.(2)A certificate-debtor released from detention under this Section shall not merely by reason of his release, be discharged from his debt; but he shall not be liable to be re-arrested under the certificate in execution of which he was detained in the civil prison.
