Report No. 26
Index to Appendix I
Clause |
Subject-matter |
Chapter I |
|
Preliminary |
|
1 |
Short title, extent and commencement |
2 |
Definitions |
Chapter II |
|
Acts of Insolvency |
|
3 |
Act of insolvency |
Chapter III |
|
Insolvency Petitions |
|
4 |
Petition of Insolvency |
5 |
Conditions on which creditor may petition |
6 |
Conditions on which debtor may petition |
7 |
Contents of petition |
8 |
Verification of petition |
9 |
Appointment of interim receiver |
10 |
Admission of petitions |
11 |
Release of debtor |
12 |
Interim proceedings against the debtor |
13 |
Protection order before adjudication |
14 |
Duties of debtors |
15 |
Procedure at the hearing of the petition |
Chapter IV |
|
Adjudication |
|
Order of adjudication |
|
16 |
Order on creditor's petition |
17 |
Order on debtor's petition |
18 |
Order to specify period for discharge |
19 |
Effect of an order of adjudication |
20 |
Stay of pending proceedings |
21 |
Suit by official Assignee and insolvent's partners |
22 |
Publication of order of adjudication |
23 |
Relation back of insolvency |
Proceedings consequent on order of adjudication |
|
24 |
Protection order after adjudication |
25 |
Power to arrest after adjudication |
26 |
Redirection of postal articles |
27 |
Insolvent's schedule |
28 |
Meetings of creditors |
29 |
Public examination of insolvent |
Annulment of adjudication |
|
30 |
Power to annual adjudication |
31 |
Power to cancel one of concurrent orders of adjudication |
32 |
Proceedings on annulment |
Chapter V |
|
Compositions and Schemes of Arrangement |
|
33 |
Submission of proposal and acceptance by creditors |
34 |
Approval of proposal by court |
35 |
Order on approval |
36 |
Power to re-adjudge debtor insolvent |
Chapter VI |
|
Discharge |
|
37 |
Discharge |
38 |
Cases in which court must refuse an absolute discharge |
39 |
Power to annual adjudication for failure to apply for discharge |
40 |
Renewal of application and variation of terms of order |
41 |
Duty of discharged insolvent to assist in realization of property |
42 |
Effect of fraudulent settlements on discharge |
43 |
Effect of order of discharge |
Chapter VII |
|
Administration of property |
|
Proof of debts |
|
44 |
Debts provable in insolvency |
45 |
Mutual dealing and set-off |
46 |
Persons injured by disclaimer may prove |
47 |
Proof of debts |
Property of the insolvent |
|
48 |
Description of insolvent's property divisible amongst creditors |
49 |
Second of subsequent bankruptcy |
50 |
Intimation of after-acquired property |
51 |
Property in possession of insolvent |
Effect of insolvency on antecedent transactions |
|
52 |
Restrictions on rights of creditor under execution |
53 |
Duties of court executing decree or order as to property |
54 |
Avoidance of voluntary transfer |
55 |
Avoidance of preference in certain cases |
56 |
By whom petitions for avoidance may be made |
57 |
Protection of bona fide transactions |
58 |
Validity of certain payments to insolvent |
59 |
Recovery of property or proceeds thereof in case of void or voidable transactions |
Realisation of property |
|
60 |
Possession of property by Official Assignee |
61 |
Seizure of property of insolvent |
62 |
Appropriation of portion of pay or other income to creditors |
63 |
Inspection of goods pledged |
64 |
Copyright |
Disclaimer of property and rescission of contracts |
|
65 |
Priority of debts |
66 |
Rent due before adjudication |
67 |
Joint and separate properties |
68 |
Calculation of dividends |
69 |
Right of creditor who has proved his debt after declaration of dividend |
Information regarding property |
|
70 |
Power to require information regarding insolvent's property |
71 |
Power to issue commissions |
Distribution of property |
|
72 |
Priority of debts |
73 |
Rent due before adjudication |
74 |
Joint and separate property |
75 |
Calculation of dividends |
76 |
Right of creditor who has proved his debt after declaration of dividend |
77 |
Final dividend |
78 |
No suit for dividend |
79 |
Management by and allowance to insolvent |
80 |
Right of insolvent to surplus after payment in full |
81 |
Credit to Government of unclaimed dividends |
82 |
Committee of inspection |
Chapter VIII |
|
Summary administration |
|
83 |
Summary administration |
Chapter IX |
|
Administration in Insolvency of Estates of Deceased Persons |
|
84 |
Administration in insolvency of estates of deceased presons |
85 |
Vesting of estate and mode of administration |
86 |
Payment or transfer by legal representative |
87 |
Saving of jurisdiction of Administration-General |
Chapter X |
|
Official Assignees and Special Managers |
|
88 |
Official Assignees |
89 |
Official Assignee to be a corporation sole |
90 |
Power to administer oath |
91 |
Duties and powers of official Assignee |
92 |
Declaration and distribution of dividends |
93 |
Discretionary powers and control thereof |
94 |
Control of court |
95 |
Power t appoint special manager |
96 |
Delegation of powers to Official Assignee |
Chapter XI |
|
Jurisdiction and Procedure |
|
97 |
Court having jurisdiction in insolvency |
98 |
Restrictions on jurisdiction |
99 |
Jurisdiction to decide questions |
100 |
General powers of courts |
101 |
Other powers |
102 |
Power of the High Court to control insolvency proceedings |
103 |
Withdrawal of petition |
104 |
Consolidation of petition |
105 |
Power to substitute petitioner in certain cases |
106 |
Exemption of corporation, etc. from insolvency proceedings |
107 |
Power to present petition against a partnership name or assumed name |
108 |
Proceedings in partnership name or assumed name |
109 |
Power to stay proceedings |
110 |
Special provisions with respect to High Courts having jurisdiction in insolvency |
111 |
Continuance of proceedings on death of debtor |
112 |
Courts to be auxiliary to each other |
113 |
Courts to be auxiliary to each other |
114 |
Warrants of insolvency court |
Chapter XII |
|
Appeal and Review |
|
115 |
Appeal to court against Official Assignee |
116 |
Appeal against orders of district court and subordinate court. |
117 |
Appeal against order passed by the High Court in insolvency |
118 |
review |
Chapter XIII |
|
Offenses and Penalties |
|
119 |
Punishment for certain offences |
120 |
Frauds by insolvents |
121 |
Insolvent guilty of gambling |
122 |
Insolvent failing to keep proper accounts |
123 |
Insolvent absconding with property |
124 |
False claim |
125 |
Undischarged insolvent obtaining credit |
126 |
Bar of prosecution without order of court |
127 |
Procedure on charge of offence |
128 |
Criminal liability after discharge or composition |
129 |
Disqualifications of insolvent |
Chapter XIV |
|
Miscellaneous |
|
130 |
Application of the provisions of of Limitation Act |
131 |
Access to insolvent's books |
132 |
Fees and percentages |
133 |
Gazette to be evidence |
134 |
Liability of State Government |
135 |
Formal defect not to invalidate proceedings |
136 |
Certain provisions to bind the Government |
137 |
Savings regarding laws for the relief of agriculturist debtors |
138 |
Power to make rules |
139 |
Repeal and savings |
First Schedule. - Meeting of creditor's |
|
Second Schedule. - Proof of debts |
|
Third Schedule. - Decision and orders from which an appeal lies to the High Court, etc. |