Section 8 in The Assam Debt Conciliation Act, 1936
8. Notice calling upon creditors to submit statement of debts.
(1)If, after examining the debtor, it is, in the opinion of the Board, desirable to attempt to effect a settlement between him and his creditors a notice shall be issued and served as published in the manner prescribed, calling upon every creditor or the debtor to submit a statement of debts owed to such creditor by the debtor and to appear personally or by an authorised agent before the Board on the date fixed for examination of the statement or settlement of the case. Such settlement shall be signed and verified in the manner prescribed in the Code of Civil Procedure, 1908, signing and verifying plaints, and shall be submitted to the Board in writing within 30 days from the date of service or publication of the notice, as the case may be:Provided that if the Board is satisfied that any creditor for good and sufficient cause was unable to comply with directions, it may extend the period for submission of his settlement of the debts owed to him.(2)Effect of non-compliance. - Every debt of which a settlement is not submitted to the Board or in respect of which the creditor fails to appear in compliance with the provisions of sub-section (1) shall be deemed for all purposes and all occasions to have been duly discharged, and any property of the debtor in possession of such creditor shall be released within thirty days from the date of passing of such order:Provided that, if a creditor proves to the satisfaction of the Board that the notice was not served on him and that he had no knowledge of its publication, the Board may revive the debt on publication made within thirty 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 revival of the debt on the same conditions.(3)If any question as to the jurisdiction of a Board arises after submission of the statement of debts made under sub-section (1) the Board shall not pass any order without hearing the debtor and creditor. The decision of the Board with regard to jurisdiction under Section 7 or Section 8 shall be final and shall not be questioned in any Civil Court.
