Section 41 of the Provincial Insolvency Act, 1920 – Discharge

Home › The Provincial Insolvency Act, 1920 › Part II – Proceedings from act of insolvency to discharge

Section 41: Discharge

(1) A debtor may, at any time after the order of adjudication and shall, within the period specified by the Court, apply to the Court for an order of discharge, and the Court shall fix a day, notice whereof shall be given in such manner as may be prescribed, for hearing such application, and any objections which may be made thereto. (2) Subject to the provisions of this section, the Court may, after considering the objections of any creditor and, where a receiver has been appointed, the report of the receiver— (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.

Source: official text of The Provincial Insolvency Act, 1920 as published on India Code (PDF). All sections of the Provincial Insolvency Act, 1920.