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Report No. 12

Part IV

Appointment of Receiver

68. Appointment of receiver for business.-

(1) Where the property of a defaulter consists of a business, the Collector may attach the business and appoint a person as receiver to manage the business.

(2) Attachment of a business under this rule shall be made by an order prohibiting the defaulter from transferring or charging the business in any way and prohibiting all persons from taking any benefit under such transfer or charge, and intimating that the business has been attached under this rule. A copy of the order of attachment shall be served on the defaulter, and another copy shall be affixed on a conspicuous part of the premises in which the business is carried on and on the notice board of the Collector's Office.

69. Appointment of receiver for immovable property.-

Where immovable property is attached, the Collector may, instead of directing a sale of the property, appoint a person as receiver to manage such property.

[Section 28, Madras Act] [Section 159, Bengal Act]

70. Powers of receiver.-

(1) Where any business or other property is attached and taken under management under the foregoing rules, the receiver shall, subject to the control of the Collector, have such powers as may be necessary for the proper management of the property and the realisation of the profits, or rents and profits, thereof.

(2) The profits, or rents and profits, of such business or other property shall, after defraying the expenses of management, be adjusted towards discharge of the arrears, and the balance, if any, shall be paid to the defaulter.

71. Withdrawal of management.-

The attachment and management under the foregoing rules may be withdrawn at any time at the discretion of the Collector, or if the arrears are discharged by receipt of such profits and rents or are otherwise paid.

[Section 34, Madras Act]



Income-Tax Act, 1922 Back




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