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The Public Demands Recovery Act, 1913 (Bengal Act)

( ACT NO. III OF 1913 )

Arrest, Detention and Release.

Detention in, and release from, prison
31. (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 Taka – 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 officer-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.

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Ministry of Law, Justice and Parliamentary Affairs