BAD Act 8

Section 8 · Application for settlement of debts

(1)

Subject to the provisions of section 9, a debtor may make an application for the settlement of his debts to a Board established for the local area within which he ordinarily resides within [seven years] [substituted by Bengal Act 8 of 1942.] after the first Board is established under sub-section (1) of section 3 for that local area.

(2)

Unless that debtor has already made an application under subsection (1) any of his creditors may make an application to a Board to which the debtor might have applied under that sub-section.

(3)

If applications are made to more than one Board in respect of the debts of the same debtor, such applications shall, subject to rules made under this Act, be transferred to and dealt with by one Board.

(4)

No objection as to the place of presentation of the application shall be allowed by the Appellate Officer unless such objection was taken, at the earliest opportunity, before the Board to which the application was made and unless there has been a consequent failure of justice.

(5)

Notwithstanding anything contained in sub-section (1), a Board may for good and sufficient reason entertain a further application in respect of any debt incurred before the date of a first application under sub-section (1) or sub-section (2) whether such application was made to it or to any other Board, except when such application under either of the said sub-sections has been dismissed under sub-section (3) of section 13 or under clause (b)(ii) of sub-section (1) or sub-section (2) of section 17.

(6)

A Board shall not entertain any further application for the settlement of any debt which has been incurred by a debtor (including any rent which has become due) after the date of application under subsection (1) or sub-section (2).

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