Section 39. Paying capacity of debtor.

The paying capacity of a debtor shall, for the purposes of this Chapter, in the case of a marginal or small farmer or other agriculturist be deemed to be 20 per cent. of the average annual gross value of his agricultural produce for the five years immediately preceding the date of application, and in the case of a worker, rural artisan or rural labourer 20 per cent. of his average gross annual income during such period.