(1) An application made by a debtor un.ier sub section (1) to be of section 4 ahall contain a statement of debts, in the prescribed ;" form which sha ll include the following ;- . n, (aJ the Dames an d addresses of his creditors, the total amount claimed by each creditor to be owing to him in. respect of each debt, so far as is known to the debtor, and a note whether each such claim is admit tea by the debtor ;
(b) the history of each such debt, '0 far as i. known to the deb tor . with particulars of the original principal and the rate of inter est chargeable ;
tel particulan 0 1 an : other liabili ty which does not consti tute. debt under this Act ;- - - - • ,l)ubltitutC'd ~ the .\ .0 . lor · 'L. G: '.- (J) particulars of the debtor's property, bo th movea and immoveable (including claims due to him , specification uf its value and of the places where may be found, and detail. of any attachment, gage, lien or charge subsisting thereon;
(, ) particulars of any income from sources other t agriculture ;
(1) a declaration that all liabilities, debts and p roper .
have been disclosed in the statement, and that debtor i. unable to pay his debts.
(2) At. application made by a creditor under sub-section of section ...hall contain a statement of debts, in the pr=rili form, which shall include the following :-
(a) the total amount of every debt claimed by him to uwing to him by the de btor ;
(b) the history of each such debt with particulars of I original principal, the rate of interest chargeable, , payments made either as interest or principal ;
(r) particul ars, 50 far as they are known to the credit of the deb tor '. property, a, in clause (d) of sub-sect
(1) ;
(d) particulars, so far .. they are known to the credit of any income of the debtor from sources other tl agriculture ; and
(e) a declaration that agriculture is the main sourc livelihood of th e debtor.
(3) The Board mav return, for amendment, an applicat if it is not compl ete and in proper form.
Proced~re 7. (1) On receipt of an appli cation under section" the 1l<
0.0 applica- shall examine it , and if it considers that it has j urisdictic rson. . . . h 11 d Jixi d d Ientertain It I 1t S a pass an or er ng a ate an pace bearing the application :
Provided that the Board may at any stage whether examining the application on presentation Or aft-er subminll the statement of debt> under section 8, dismiss Jhe a pplicatio want ofjurisdiction, Or iff01 reasons to be Stated in ....Tiw does not consider it desirable to attempt to effect a settle between th e debtor and hi. creditors.
(2) Notice of the order under sub-section (1) shall be by registered post to the debtor and creditor'.
Period f (3) (a) If on receipt of an application under section ' limitation 0 Board dismisses it on the ground of want of jurisdiction fOt l'e-"hr.a.ring applicant may, within 30 days from t.he date of service of :
application. under sub-section (2) mak e an objection in writing to the against such dismissal .
(b) On receipt of a n objection under clause (a) of sub-s
(3) the Board shall make such order thereon as it thinks fit Notice call- 8. (1) If after examining the debtor , it is, in the opir ing . upon the Board, desirable to attempt to effect a settlement be aedib ~orl ,to him and his credi tors, a not ice shall hr- issued and serv'\I eat It a e- • bed . .•. ..~ all'ment of publis In the manner prcscrruec, C Ing upon every Cl debtll.
Dasr COSClUA110S Acr [AswI .\ 475DEBT CmlClUATlON AcrX OF i936] of the debtor to submit a statement of debts owed to ouch cred itor by the debtor. Such sta tement mall be signed and verified A t V of in the manner prescribed in the Code of Civil Procedure, 1908, J9C:.
for signing and verifying plaints, and sha ll be submitted to th e Board in writing within 30 days from the da te of service or publication of the notice 3.S the case may be :
Provided that if the Board is satisfied th at any creditor for good and sufficient cause was unaLie to comply with such directions, it may extend the period for the submission of his statement of the debt; owed to him.
(2) Every debt of which a sta tement i. not submitted to the Board in compliance with the provisions of sub-section I shall of be deemed for aU purposes and all occasions to have been duly _ pli - discharged :
Provided that, if a cred itor pUNes to the sati sfaction of the Board that the noti ce was not served on him and tha t he had no knowl edge of its pu blica tion, the Board may revive the debt ( n application made within 30 days of the date on which he first had knowledge of the order of discharge :
Provided also , that in any area in which a Board has been dissolved, the Civil Court may entertain an application for revi val of the debt on the same conditiona,
(3) If any question as to th e j urisdi ction of a Board arises after submission of th e sta tement of debts made under sub-section • deci- (1) the Board sha ll not pas , any order without hearing th e u. to debtor and credi tor. The decision of the Board with regard to lOD jurisdiction under section 7 or section 8 shall be fina l and shall not be qu estion ed in any Civil Court.