Section 37 in The Orissa Public Demands Recovery Act, 1962
37. Power of arrest and detention.
(1)No order for the arrest and detention in civil prison of a certificate-debtor in execution of a certificate shall be made unless the Certificate Officer has issued and served a notice upon the certificate-debtor calling upon him to appear before him on a day to be specified in the notice and to show cause why he should not be committed to civil prison, and unless the Certificate Officer, for reasons recorded in writing, is satisfied -(a)that the certificate-debtor, with the object or effect of obstruction or delaying the execution of the certificate has, after the filing of the certificate in the office of Certificate Officer, dishonestly transferred, concealed, or removed any part of his property; or(b)that the certificate-debtor has or had since the date of the filing of the certificate, the means to pay the amount for which the certificate has been issued, or some substantial part of such amount and refuses or neglects or has refused or neglected to pay the same.Explanation. - In the calculation of the means of the certificate-debtor for the purpose of this clause there shall be left out of account any property which, by or under any law or custom having the force of law for the time being in force, is exempt from attachment in execution of the certificate.(2)Notwithstanding anything contained in Sub-section (1), if the Certificate Officer is satisfied -(a)that the property of the certificate-debtor or any part thereof is likely to be dishonestly transferred, concealed or removed; or(b)that the certificate-debtor refuses or neglects or has refused or neglected to pay the same; or(c)on enquiry or evidence to be recorded in writing or on affidavit that the certificate-debtor is likely to abscond or leave the local limits of the jurisdiction of the Certificate Officer.he may issue warrant for the arrest of the certificate-debtor.(3)Where appearance is not made in obedience to a notice, issued and served under Sub-section (1), the Certificate Officer may issued a warrant for the arrest of the certificate-debtor.(4)Every person arrested in pursuance of a warrant of arrest issued under Sub-section (2) or Sub-section (3), shall be brought before the Certificate Officer as soon as practicable and in any event within twenty-four hour of his arrest (exclusive of the time required for journey):Provided that, if the certificate-debtor or any person on his behalf 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.(5)When a certificate-debtor appears before the Certificate Officer in obedience to a notice to show cause or is brought before the Certificate Officer under Sub-section (4), the Certificate Officer shall proceed to hear the certificate-holder and taken all such evidence as may be produced by him in support of his application for execution, and shall then give the certificate-debtor an opportunity of showing cause why he should not be committed to the civil prison.(6)Pending the conclusion of the inquiry under Sub-section (5), the Certificate Officer may, in his discretion, or the certificate-debtor to be detained in the custody of such officer as the Certificate Officer may think fit or release him on his executing a bond with or without security to the satisfaction of the Certificate Officer for his appearance when required.(7)Upon the conclusion of the inquiry under Sub-section (5), the Certificate Officer may subject to the provisions of Section 65 make order for the detention of the certificate-debtor in the civil prison and shall in that event cause him to be arrested if he is not already under arrest :Provided that in order to give the certificate-debtor an opportunity of satisfying the certificate-debt, the Certificate Officer may be for making the order of detention leave the certificate-debtor in the custody of the officer arresting him or of any other officer for a specified period not exceeding fifteen days or release him on his furnishing security to the satisfaction of the Certificate Officer for his appearance at the expiration of the specified period if the certificate debt be not sooner satisfied.(8)When the Certificate Officer does not make an order of detention under Sub-section (7), he shall, if the certificate-debtor is under arrest, direct his release.
