Section 79: Making of proposal
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
79. Making of proposal
(1) An insolvent may make a proposal to creditors for the payment or
satisfaction of his debts.
(2) The proposal may include an offer—
(a) to assign all or any of the insolvent’s property to a trustee for
the benefit of the creditors;
(b) to pay the insolvent’s debts by instalments;
(c) to compromise the insolvent’s debts at less than 100 cents in
the rupee;
(d) to pay the insolvent’s debts at some time in the future; or
(e) for any other arrangement for the satisfaction of the insolvent’s
debts.
(3) The proposal may include any other conditions for the benefit of the
creditors and may be accompanied by a security or guarantee.
(4) The proposal shall be—
(a) in the prescribed form; and
(b) accompanied by a statement of affairs that is in the prescribed
form and verified by affidavit.
(5) The statement of affairs shall set out—
(a) the insolvent’s assets, debts, and liabilities;
(b) the name, address and occupation of each of the insolvent’s
creditors; and
(c) the securities (if any) held by each creditor.
(6) The proposal shall—
(a) be signed by the insolvent;
(b) have endorsed on it the name of a person who is willing to act
as a trustee for the creditors; and
(c) include a statement by that person that he is willing to act as
trustee.