BAD Act 11

Section 11 · Statement of debts to be included in application

(1)

Any application made by a debtor under sub-section (1) of section 8 shall contain a statement of debt, in the prescribed form, which shall include the following :-

(a)

the name of the place where he ordinarily resides;

(b)

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;

(c)

the history of each debt with particulars of the original principal and the rate of interest chargeable;

(d)

details of any debts for which the debtor is liable as a surety or is liable with other persons as a joint surety together with the names and addresses of all such persons;

(dd)[] [Clause (dd) and (ee) inserted by Bengal Act 8 of 1940.] details of any liabilities incurred on or after the first day of January, 1940;

(e)

particulars of the debtor's property both movable and immovable (including claims due to him), a specification of its value and of the places where it may be found, and details of any attachment, mortgage, hen hr charge subsisting thereon together with the names and addresses of the co-sharers, if any, of the debtor;

(ee)[] [Clause (dd) and (ee) inserted by Bengal Act 8 of 1940.] particulars of any property as in clause (e) of which the creditor has taken possession either as security for or in lieu of payment of, any portion of the principal of the debt or any portion of the interest thereon, together with the name and address of any person who may be in possession of any portion of such property under the creditor;

(f)

particulars of any property as in clause (e) which has been transferred by the debtor within two years previous to the date of his application together with the name and address of the transferee;

(g)

particulars of any supplementary income of the debtor; and

(h)

a declaration that all his debts and all his properties have been included in the statement.

(2)

An application made by a creditor under sub-section (2) of section 8 shall contain a statement of debt, in the prescribed from, which shall include the following:-

(a)

the name of the place where the debtor ordinarily resides;

(b)

the total amount of every debt claimed by the creditor to be owing to him from the debtor;

(c)

the history of each such debt with particulars of the original principal and the rate of interest chargeable;

(d)

the names and addresses of the other creditors, so far as they are known to the creditor;

(e)

particulars, so far as they are known to the creditor, of the debtor's property, as in clause (e) of sub-section (1);

(ee)[] [Clause (ee) inserted by Bengal Act 8 of 1940.] particulars of any property as in clause (e) of which the creditor has taken possession either as security for, or in lieu of payment of, any portion of the principal of the debt or any portion of the interest thereon, together with the name and address of any person who may be in possession of any portion of such property under the creditor;

(f)

particulars, so far as they are known to the creditor, of any supplementary income of the debtor; and

(g)

a declaration that agriculture is the primary means of livelihood of the debtor.

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