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State of Bihar - Section

Section 39 in Bihar and Orissa Public Demands Recovery Act, 1914

39. Release from arrest and re-arrest.

- The Collector may order the release of a certificate-debtor who has been arrested in execution of a certificate upon being satisfied that he has disclosed the whole of his property and has placed it at the disposal of the Certificate Officer and that he has not committed any act of bad faith.
(2)If the Certificate Officer has grounds for believing the disclosure made by a certificate-debtor under sub-section (1) to have been untrue he may order the rearrest of the certificate-debtor in execution of the certificate, but the period of his detention in the civil prison shall not in the aggregate exceed that authorised by Section 40, sub-section (1):Provided that if such order is passed by a Certificate Officer other than the Collector, the previous sanction of the Collector shall be necessary.