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Report No. 26

60. Possession of property by Official Assignee.-(1) The Official Assignee shall, as soon as may be, take possession of the deeds, books and documents of the insolvent and all other parts, of his property capable of manual delivery.

[New] [Cf. section 58(1), P.T.A.]

(2) The Official Assignee shall, in relation to and for the purpose of acquiring or retaining possession of the property of the insolvent, be in the same position as if he were a receiver of the property appointed under the Code of Civil Procedure, 1908 (5 of 1908) and the court may on his application enforce such acquisition or retention accordingly.

[Section 56(3), P.A.] [Cf. section 58(2), P.T.A.]

(3) Where any part of the property of the insolvent consists of stock, shares in ships, shares, or any other property transferable in the books of any company, office or person, the Official Assignee may exercise the right to transfer the property to the same extent as the insolvent might have exercised it, if he had not become insolvent.

[New] [Cf. section 58(3), P.T.A.]

(4) Where any part of the property of the insolvent consists of actionable claims, such claims shall be deemed to have been duly transferred to the Official Assignee.

[New] [Cf. section 58(4), P.T.A.]

(5) Any treasurer or other officer, or any banker, attorney or agent of an insolvent, shall pay and deliver to the Official Assignee all money and securities in his possession or power as such officer, banker, attorney or agent, which he is not by law entitled to retain as against the insolvent or the Official Assignee; and if he fails so to do, he shall be deemed to be guilty of an offence under section 188 of the Indian Penal Code (45 of 1860), and shall be punishable accordingly.

[New] [Cf. section 58(5), P.T.A.]

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