Section 52 in The Madhya Bharat Agricultural Debtor's Relief Act, 1956
52. Board to declare debtor insolvent in certain circumstances.
(1)If at any stage of the proceedings under procedure of settlement of debts, the Board finds that the income of the debtor, and his movable property are not sufficient to allow his debts to be liquidated by annual instalment not exceeding twelve in number, the Board shall make an order adjudicating the debtor an insolvent.(2)If at any time after the expiration of two years from the date of an award, the debtor satisfies the Court that there is no reasonable probability of his being in a position to pay the remaining amount of instalments fixed under the award, the Board may, notwithstanding anything contained in this Act, after giving notice to the creditor, modify the terms of the award and reduce the amount of the instalment as it may think fit, provided that the total annual instalments in which the balance of the debts shall be paid in such instalments shall not exceed twenty, or the Board may make an order adjudicating the debtor an insolvent.(3)After the debtor has been adjudicated an insolvent, the Board shall direct that such portion of the property of the debtor, liable to attachment and sale, under Section 60 of the Code of Civil Procedure, 1908, excluding such portion thereof as the State Government shall from time to time notify in the Official Gazette as the minimum necessary for the maintenance of the debtor and his dependents, as may be required to liquidate all the debts of the debtor, shall immediately be sold free of all encumbrances in liquidation of all debts outstanding against such debtor.
