Enforcement of Court Orders Act, 1940
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Re-enactment of section 18 of the Principal Act with modifications. |
6.— Section 18 of the Principal Act is hereby repealed and in lieu thereof it is hereby enacted as follows, that is to say:— | |
(a) where a debtor is liable, by virtue of an instalment order, to pay a debt and costs either in one payment or by instalments and such debtor fails to make such payment or fails to pay any one or more of such instalments accruing due while such order is in force at the time or times appointed in that behalf by such order, the creditor may, at any time while such order is in force or within twelve months after it has ceased to be in force, apply to a Justice of the District Court for the arrest and imprisonment of such debtor; | ||
(b) on the hearing of an application under the next preceding paragraph of this section, the Justice may if he so thinks proper but subject to the next following paragraph of this section, order the arrest and imprisonment of the debtor for any period not exceeding three months, and thereupon the debtor shall be arrested and imprisoned accordingly; | ||
(c) the Justice shall not order the arrest and imprisonment of the debtor under the next preceding paragraph of this section if the debtor (if he appears) shows, to the satisfaction of such Justice, that his failure to pay was due neither to his wilful refusal nor to his culpable neglect; | ||
(d) on the hearing of an application under paragraph (a) of this section, the Justice, if he so thinks proper, may, in lieu of ordering the arrest and imprisonment of the debtor, treat such application as an application under the next preceding section of this Act for the variation of the said instalment order and thereupon the said next preceding section shall apply as if such application were an application thereunder; | ||
(e) whenever a debtor is arrested and imprisoned by virtue of an order made under this section, he shall be entitled to be released immediately upon payment by him or on his behalf to the District Court Clerk, or to the Governor of the Prison for the District Court Clerk, of the sum of money (to be specified in such order) consisting of the, amount of all instalments of the debt and costs which have accrued before and are unpaid at the date of such order, and such further sum (if any) for the costs of such order as the Justice making such order shall think reasonable; | ||
(f) all moneys paid under this section to the District Court Clerk (whether directly or through the Governor of the Prison) by or on behalf of a debtor shall be paid by the District Court Clerk to the creditor on demand. |