Report No. 26
This is based on section 110 of the Presidency Act. The existing section refers to section 64 of the Administrator-General's Act, 1874. That Act of 1874 was repealed by the Administrator-General's Act, 1913, where the corresponding section was section 54, whereunder the District Judge could take charge of the property of deceased persons in specified cases. But now the Administrator-General Act, 1963 (45 of 1963) has been passed1, and it contains no corresponding provision. Hence the reference is omitted.
1. The Act is to come into force on a notified date.
This is based on section 111 of the Presidency Act.
General.-This deals with appointment of Official Assignees and Deputy Official Assignees in Presidency towns as well as in the Mofussil. It corresponds to section 77(1), Presidency Act, and section 57(1), Provincial Act. The clause proceeds on the footing that under this Act, the High Courts in the three Presidency towns will continue to exercise insolvency jurisdiction on their original side1.
The Official Assignee for those areas will be appointed by the Chief Justice of the High Courts2. There is also a provision for the appointment of Deputy Official Assignees.
Sub-clause (1)(a).-Needs no further comments3. Power to remove and power to make an acting appointment need not be expressly mentioned. See sections 16-17, General Clauses Act. It is also considered unnecessary to have the words "substantively or temporarily", which occur in the Presidency Act.
Sub-clause (1)(b).-Needs no further comments.
Omission of section 77(1A), etc., Presidency Act
Section 77(1A), Presidency Act, relating to powers of Deputy Official Assignees, has been omitted as unnecessary. The definition of "Official Assignee"4 includes a Deputy, and that definition, it is considered, should suffice to give him all powers, etc., of the Official Assignee.
Section 77(2), Presidency Act, relating to security, etc., has been omitted. Such matters may be left to the rules.
Section 77(3), Presidency Act, is a transitional provision and has therefore been omitted.
Sub-clause (2).-This provides that Official Assignee shall be appointed for every district, thus marking a departure from the law as now contained in the Provincial Act.5
The appointment will be by the Chief Justice of the High Court.
Appointment of Deputies is also provided for.
1. Cf notes to clause 97.
2. The existing position is not uniform.
3. See also article 229 of the Constitution.
4. See clause 2-"Official Assignee".
5. For a detailed discussion, see the body of the Report, para. 9.
Sub-clause (1).-Follows section 83, part, Presidency Act. As to "corporation sole", compare section 77A, Presidency Act, as inserted in Bombay and Madras.
Sub-clause (2).-Follows section 83, part, Provincial Act.
This corresponds to section 78 of the Presidency Act.