(1)every creditor referred to in clause (e) of section 3 shall, within one year from the date of commencement of this Act, furnish to the Assistant Commissioner having jurisdiction over the area where such creditor has his ordinary place of business a statement in the prescribed form containing such particulars as may be prescribed.(2)A debtor referred to in the said clause (e) may also make an application in the prescribed form to such Assistant Commissioner for an order of return of the movable properties pledged by him or by his surety.(3)On receipt of the statement under sub-section (1) or an application under sub-section (2) and after such enquiry as he considers necessary the Assistant Commissioner, shall, by order, determine whether the debtor is entitled to relief under this Act and, if so, direct the creditor to produce on or before a date to be specified in the order, the document evidencing the debt of such debtor and the movable properties pledged by such debtor or his surety.(4)where the movable property pledged by the debtor is in the possession of a transferee of the creditor, the creditor shall redeem such property from such transferee and produce it on or before such date as may be specified in the order.(5)Where the creditor produces the document and the movable property pledged as directed in the order under sub-section (3), the Assistant Commissioner shall record an endorsement of discharge on such document and return the same or issue a certificate of discharge in the prescribed form along with the pledged articles to the debtor.(6)If the creditor fails to produce the documents and the movable property pledged as directed in the order under sub-section (3), the Assistant commissioner shall, notwithstanding anything contained in any other law, but subject to sub-section (8) enter any premises of the creditor and search and seize the said document and movable property and deliver the said documents and movable property and deliver the said documents and property to the debtor or to his surety, as the case may be, along with a certificate of discharge of such debt in the prescribed form.(7)Pending determination of the question under sub-section (3), no creditor or the transferee of the creditor shall sell or pledge or otherwise transfer any movable property pledged by the debtor or his surety.(8)The provisions of section 100 and section 165of the Code of Criminal Procedure 1973, (Central Act 2 of 1974), relating to searches and seizure shall, so far as may be, apply to searches and seizure under sub-section (6)
