Section 29 in Tripura Public Demand Recovery Act, 2000
29. Power to arrest and detention.
(1)Before a Certificate Officer makes order for execution of a certificate 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 prison.(a)if the Certificate Officer after considering the cause shown by the certificate debtor, or if no cause is shown within the specified period, if satisfied that the certificate debtor with the object of obstructing or delaying execution of the certificate has, after the filing 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, any issue the order for the arrest and detention in civil prison of the certificate debtor.(2)Notwithstanding anything contained in sub-section (1) -(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 jurisdiction 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 even 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.(1)When a certificate debtor appears before the Certificate Officer in obedience to a notice to show cause or it 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.(2)Pending conclusion of the hearing under sub-section (4) the Certificate Officer may, in 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.(3)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 ad shall in that event cause him to be arrested if he is not already in custody.(4)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.
