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NCT Delhi - Section

Section 147 in The Delhi Co-operative Societies Rules, 2007

147. Arrest and detention.

(1)A judgment debtor may be arrested in execution of a decree at any hour and on any day, and shall as soon as practicable, be brought before the Recovery Officer and his detention may be in the civil prison or in the Central Jail.Provided that for the purpose of making an arrest under this rule, no dwelling house shall be entered after sunset and before sunrise.Provided further that no outer door of a dwelling house shall be broken open unless such dwelling house is in the occupancy of the judgment debtor and he refuses or in any way prevents access thereto, but when the officer authorised to make the arrest has duly gained access to any dwelling house he may break open the door of any room in which he has reason to believe the judgment debtor to be found.Provided further more, that, if the room is in the actual occupancy of a women, who is not the judgment debtor and who according to the customs of the country does not appear in public the officer authorised to make the arrest shall give notice to her that she is at liberty to withdraw, and after allowing a reasonable time for her to withdraw, and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest.Provided further more, that where the decree in execution of which a judgment debtor is arrested, is a decree for the payment of money and the judgment debtor pays the amount of the decree and the costs of the arrest to the officer arresting him such officer shall at once release him.
(2)The Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree other wise than in accordance with such procedure as may be specified in this behalf.
(3)In case a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the Recovery Officer, he shall inform him that he may apply to be declared an insolvent and that he may be discharged if the judgment-debtor has not committed any act of bad faith regarding the subject of the application and if the judgment-debtor complied with the provisions of the law of insolvency for the time being in force.
(4)In case a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes security to the satisfaction of the Recovery Officer that the judgment - debtor will within one month so apply, and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the Recovery Officer, may release him from arrest, and if he fails so to apply and to appear, the Recovery officer may either direct the security to be realised or commit him to the civil prison in execution of the decree.