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Section 38 – The Provincial Insolvency Act,1920

The Provincial Insolvency Act,1920

Section 38. Compositions and schemes of arrangement

(1) Where a debtor, after the making of an order of adjudication, submits a proposal for a composition in satisfaction of his debts, or a proposal for a scheme of arrangement of his affairs, the Court shall fix a date for the consideration of the proposal, and shall issue a notice to all creditors in such manner as may be prescribed.

(2) If, on the consideration of the proposal., a majority in number and three-fourths in value of all the creditors whose debts are proved and who are present in person or by pleader, resolve to accept the proposal, the same shall be deemed to be duly accepted by the creditors.

(3) The debtor may at the meeting amend the terms of his proposal if the amendment is, in the opinion of the Court, calculated to the benefit the general ‘body of creditors.

(4) Where the Court is of opinion, after hearing the report of the receiver, if a receiver has been appointed, and after considering any objections which may he made by or on behalf of any creditor, that the terms of the proposal are riot reasonable or are not calculated to benefit the general body of creditors, the Court shall refuse to approve the proposal.

(5) If Any facts are proved or, proof of which the Court would be required either to refuse, suspend or attach conditions to the debtor’s discharge, the Court shall refuse to approve the proposal unless it provides reasonable security for payment of not less than six annas in the rupee on all the unsecured debts provable against the debtor’s estate.

(6) No composition or scheme shall be approved by the Court which does riot provide for the payment in priority to other debts of all debts directed to be so paid in the distribution of the property of at insolvent.

(7) In any other case the Court may either approve or refuse to approve the proposal.

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The Provincial Insolvency Act,1920

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