Section 38: Discharge of insolvent

38. Discharge of insolvent.—(1) An insolvent may, a any time after the order of adjudication, apply to the Court for an order of discharge, and the Court shall appoint a day for hearing the application, but, save where the public examination of the insolvent has been dispensed with under the provisions of this Act, the application shall not be heard until after such examination has been concluded. The application shall be heard in open Court. 1Subs. by the Presidency-towns Insolvency (Amdt.) Act, 1927 (19 of 1927), s. 4, for “If on the examination of any such person the Court is satisfied”. (2) On the hearing of the application, the Court shall take into consideration any report of the official assignee as to the insolvent’s conduct and affairs, and, subject to the provisions of section 39, may— (a) grant or refuse an absolute order of discharge, or (b) suspend the operation of the order for a specified time or (c) grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the insolvent, or with respect to his after-acquired property.

Effective date: 1909-01-01

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