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State of Assam - Section

Section 6 in The Assam Debt Conciliation Act, 1936

6. Statement of debts to be included in application.

(1)An application made by a debtor under sub-section (1) of Section 4 shall contain a statement of debts in the prescribed form which shall include the following:
(a)the names and 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 admitted by the debtor;
(b)the history of each such debt, so far as is known to the debtor, with particulars of the original principal and the rate of interest chargeable;
(c)particulars of such other liability which does not constitute a debt under this Act;
(d)particulars of the debtor's property, both movable and immovable (including claims due to him), a specification of its value and the places where it may be found and details of any attachment, mortgage, lien or charge subsisting thereon;
(e)particulars of any income from sources other than agriculture;
(f)a declaration that ail liabilities, debts and properties have been disclosed in the statement, and that the debtor is unable to pay his debts.
(2)An application made by a creditor under sub-section (1) of Section 4 shall contain a statement of debts, in the prescribed form, which shall include the following:
(a)the total amount of every debt claimed by him to be owing to him by the debtor;
(b)the history of each such debt with particulars of the original principal, the rate of interest chargeable, and payments made either as interest or principal;
(c)particulars, so far as they are known to the creditor, of the debtor's property, as in Clause (d) of sub-section (1);
(d)particulars so far as they are known to the creditor, of any income of the debtor from sources other than agriculture; and
(e)a declaration that agriculture is the main source of livelihood of the debtor.
(3)The Board may return, for amendment, an application, if it is not complete and in proper form.