Report No. 62
4.2. Recommendation to replace section 8 by three sections.-
Any person-whether lawyer or layman-who reads the section is struck by its length and complexity. The section, as originally enacted, was a very short one; but successive amendments have engrafted one provision after another on the section so that, as it stands at present, it has neither the clarity nor the brevity of the original and as one proceeds to read it, one loses thread of the principal idea with which the section begins. Broadly speaking, the principle topics dealt with in the section are: deposit, distribution and investment. This can be illustrated by the following analysis:-
|8(3)||Receipt for compensation deposited.|
|8(4)||Deduction of certain expenses from the money deposited and notice preliminary to determination of distribution.|
|8(6) and 8(7) in part||Payment of the sum apportioned.|
|Investment||8(7) in part Investment.||Investment|
|8(8)||Variation of the sum invested.|
|8(9)||Recovery where variation is on the ground of fraud, impersonation or other improper means.|
It would be convenient if section 8 is replaced by three sections 8, 8A and 8B-each section to deal with one of the topics mentioned above.1
We shall now discuss the changes needed in the several sub-sections of section 8.
1. Re-drafts showing proposed splitting up not prepared.