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  "title": "Insolvancy (Karachi Division) Act,1909",
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  "text": "Page 1 of 50 \r\n \r\n  \r\n \r\n \r\n \r\n \r\nTHE INSOLVENCY KARACHI DIVISION ACT, 1909 \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nPRELIMINARY \r\n \r\n1. Short title and commencement \r\n \r\n2. Definitions \r\n \r\nPART I \r\nCONSTITUTION AND POWERS OF COURT \r\n \r\nJurisdiction \r\n \r\n3. Courts having jurisdiction in insolvency \r\n \r\n4. Jurisdiction to be exercised by a single Judge \r\n \r\n5. Exercise of jurisdiction in chambers \r\n \r\n6. Delegation of powers to officers of Court \r\n \r\n7. Power of Court to decide all questions arising in insolvency \r\n \r\nAppeals \r\n \r\n8. Appeals in insolvency \r\n \r\nPART II \r\nPROCEEDINGS FROM ACT OF INSOLVENCY TO DISCHARGE \r\nActs of insolvency \r\n \r\n9. Acts of insolvency \r\n \r\nOrder of adjudication \r\n \r\n10.  Power to adjudicate \r\n \r\n\r\n \r\n \r\nPage 2 of 50 \r\n \r\n11.  Restriction on jurisdiction \r\n \r\n12.  Conditions on which creditor may petition \r\n \r\n13.  Proceedings and order on creditor’s petition \r\n \r\n14.  Conditions on which debtor may petition \r\n  \r\n15.  Proceedings and order on debtor’s petition \r\n \r\n16.  Discretionary powers as to appointment of interim receiver \r\n \r\n17.  Effect of order of adjudication \r\n \r\n18.  Stay of proceedings \r\n \r\n18A.  Control over insolvency proceedings in subordinate Court \r\n \r\n19.  Power to appoint special manager \r\n \r\n20.  Advertisement of order of adjudication  \r\n \r\nAnnulment of adjudication \r\n \r\n21.  Power for Court to annul adjudication in certain cases \r\n \r\n22.  Concurrent proceedings in British Courts \r\n \r\n23.   Proceedings on annulment \r\n \r\nProceedings consequent on order of adjudication \r\n \r\n24.  Insolvent’s schedule \r\n \r\n25.  Protection order \r\n \r\n26.  Meetings of creditors \r\n \r\n27.  Public examination of the insolvency \r\n \r\nComposition and schemes of arrangement \r\n \r\n28.  Submission of proposal and acceptance by creditors \r\n \r\n29.  Approval of proposal by Court \r\n \r\n30.  Order on approval \r\n \r\n31.  Power to re-adjudge debtor insolvent \r\n \r\n \r\n \r\nPage 3 of 50 \r\n \r\n32.  Limitation of effect of composition or scheme \r\n \r\nControl over person and property of insolvent \r\n \r\n33.  Duties of insolvent as to discovery and realization of property \r\n \r\n34.  Arrest of insolvent \r\n \r\n35.  Redirection of letters \r\n \r\n36.  Discovery of insolvent’s property \r\n \r\n37.  Power to issue commissions \r\n \r\nDischarge of insolvent \r\n \r\n38.  Discharge of insolvent  \r\n \r\n39.  Cases in which the Court must refuse an absolute discharge \r\n \r\n40.  Hearing of application for discharge \r\n \r\n41.  Power to annual adjudication on failure to apply for discharge \r\n \r\n42.  Renewal of application and variation of terms of order \r\n \r\n43.  Duty of discharged insolvent to assist in realization of property \r\n \r\n44.  Fraudulent settlements \r\n \r\n45.  Effect of order of discharge \r\n \r\nPART III \r\nADMINISTRATION OF PROPERTY \r\nProof of debts \r\n \r\n46.  Debts provable in insolvency  \r\n \r\n47.  Mutual dealings and set-off \r\n \r\n48.  Rules as to proof of debts \r\n \r\n49.  Priority of debts \r\n \r\n50.  Rent due before adjudication \r\n \r\n \r\nProperty available for payment of debts \r\n \r\n51.  Relation of assignee’s title \r\n \r\n \r\nPage 4 of 50 \r\n \r\n \r\n52.  Description of insolvent’s property divisible amongst creditors \r\n \r\nEffect of insolvency on antecedent transactions \r\n \r\n53. Restriction of rights of creditor under execution \r\n \r\n54.  Duties of Court executing decree as to property taken in execution \r\n \r\n55.  Avoidance of voluntary transfer \r\n \r\n56.  Avoidance of preference in certain cases \r\n \r\n57.  Protection of bona fide transactions \r\n \r\nRealization of property \r\n \r\n58.  Possession of property by official assignee \r\n \r\n59.  Seizure of property of insolvent \r\n \r\n60.  Appropriation of portion of pay or other income to creditors \r\n \r\n61.  Vesting and transfer of property \r\n \r\n62.  Disclaimer of onerous property \r\n \r\n63.  Disclaimer of leaseholds \r\n \r\n64.  Power to call on official assignee disclaim \r\n \r\n65.  Power for Court to rescind contract \r\n \r\n66.  Power for Court to make vesting order in respect of disclaimed property \r\n \r\n67.  Persons injured by disclaimer may prove \r\n \r\n68.  Duty and powers of official assignee as to realization \r\n \r\nDistribution of property \r\n \r\n69.  Declaration and distribution of dividends \r\n \r\n70.  Joint and separate properties \r\n \r\n71.  Calculation of dividends \r\n \r\n72.  Right of creditor who has not proved debt before declaration of a dividend \r\n \r\n73.  Final dividend \r\n \r\n \r\nPage 5 of 50 \r\n \r\n \r\n74.  No suit for a dividend \r\n \r\n75.  Power to allow insolvent to manage property, and allowance to insolvent for  \r\n maintenance or service \r\n \r\n76.  Right of insolvent to surplus \r\n \r\nPART IV \r\nOFFICIAL ASSIGNEES \r\n \r\n77.  Appointment and removal of official assignees of insolvent’s estate \r\n \r\n78.  Power to administer oath \r\n \r\n79.  Duties as regards the insolvent’s conduct \r\n \r\n80.  Duty to furnish list of creditors \r\n \r\n81.  Remuneration \r\n \r\n82.  Misfeasance \r\n \r\n83.  Name under which to sue or be sued  \r\n \r\n84.  Office vacated by insolvency \r\n \r\n85.  Discretionary powers and control thereof \r\n \r\n86.  Appeal to Court \r\n \r\n87.  Control of Court \r\n \r\nPART V \r\nCOMMITTEE OF INSPECTION \r\n \r\n88.  Committee of inspection \r\n \r\n89.  Control of committee of inspection over official assignee \r\n \r\nPART VI \r\nPROCEDURE \r\n \r\n90.  powers of the Court \r\n \r\n91.  Consolidation of petitions \r\n \r\n92.  Power to change carriage of petition \r\n \r\n93.  Continuance of proceedings on death of debtor \r\n \r\n \r\nPage 6 of 50 \r\n \r\n \r\n94.  Power to stay proceedings \r\n \r\n95.  Power to present petition against a partner  \r\n \r\n96.  Power to dismiss petition against some respondents only \r\n \r\n97.  Separate insolvency petitions against partners \r\n  \r\n98.  Suits by official assignee and insolvent’s partner  \r\n \r\n99.  Proceedings in partnership name \r\n \r\n100.  Warrants of Insolvency Courts \r\n \r\nPART VII \r\nLIMITATION \r\n \r\n101.  Limitation of appeals \r\n \r\nPART VIII \r\nPENALTIES \r\n \r\n102.  Undischarged insolvent obtaining credit \r\n \r\n103.  Punishment of insolvent for certain offences \r\n \r\nl03A  Disqualifications of insolvent \r\n \r\n104.  Procedure on charge under section 103 \r\n \r\n105.  Criminal liability after discharge or composition \r\n \r\nPART IX \r\nSMALL INSOLVENCIES \r\n \r\n106.  Summary administration in small cases \r\n \r\nPART X \r\nSPECIAL PROVISIONS \r\n \r\n107.  Exemption of corporation, etc., from insolvency proceedings \r\n \r\n108.  Administration in insolvency of estate of person dying insolvent \r\n \r\n109.  Vesting of estate and mode of administration \r\n \r\n110.  Payments of transfer by legal representatives \r\n \r\n111.  Saving of jurisdiction of Administrator General \r\n \r\n \r\nPage 7 of 50 \r\n \r\nPART XI \r\nRULES \r\n  \r\n112.  Rules \r\n \r\n113.  Sanction to rules \r\n \r\n114.  Publication of rules \r\n \r\nPART XII \r\nSUPPLEMENTAL \r\n \r\n115.  Exemption from duty of transfers, etc., under this Act \r\n \r\n116.  The Gazette to be evidence \r\n \r\n117.  Swearing of affidavits \r\n \r\n118.  Formal defect not to invalidate proceedings \r\n \r\n119.  [Omitted.] \r\n \r\n120.  Certain provisions to bind the Government \r\n \r\n121.  [Omitted.] \r\n \r\n122.  Lapse and credit to Government of unclaimed dividends \r\n \r\n123.  Claims to monies credited to Government under section 122 \r\n \r\n124.  Access to insolvent’s books \r\n \r\n125.  Fees and percentages \r\n \r\n126.  Courts to be auxiliary to each other \r\n \r\n127.  [Omitted.]  \r\n \r\n \r\nTHE FIRST SCHEDULE \r\n \r\nTHE SECOND SCHEDULE \r\n \r\n \r\nTHE THIRD SCHEDULE \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 8 of 50 \r\n \r\nTHE INSOLVENCY (KARACHI DIVISION 1**) ACT, 1909 \r\n \r\n2ACT No. III OF 1909 \r\n \r\n[12th March, 1909] \r\n \r\nAn Act to amend the law of Insolvency in 3[the Karachi Division 1**] \r\n   \r\n 4 *  *             *. \r\n \r\n WHEREAS it is expedient to amend the law relating to  insolvency in 5[the Karachi Division \r\n1* *] ; \r\n   It is hereby enacted as follows :___ \r\n \r\nPRELIMINARY \r\n \r\n 1. Short title and commencement. ___(1) This Act may be called 6[the Insolvency (Karachi \r\nDivision) 1* * Act]. \r\n \r\n 7*  *  *  *  *       *      * \r\n \r\n 2. Definitions. In this Act, unless there is anything repugnant in the subject or context,— \r\n \r\n(a)  “creditor” includes a decree-holder, \r\n \r\n(b)  “debt” includes a judgment-debt, and “debtor” includes a judgment-debtor ; \r\n \r\n8*             *  *             *            *        *                 *  \r\n \r\n9[(bbb) “limits of the ordinary civil jurisdiction” means in respect of 10[High Court of \r\nSind] the limits of the Karachi Division;] \r\n \r\n(c)  “official assignee” includes an act ing official assignee 11[and a deputy official \r\nassignee, whether permanent or acting] ; \r\n \r\n1Thc words “and Dacca” omitted by F.A.O., 1975, Art. 2 and Sch., (w.e.f. 14-8-73). \r\n2For Statement of Objects and Reasons, see Gazette of India, 1908 Pt. V, p. 275; for  Report of Select Committee, see ibid., 1909, Pt. V, p. 3; and for \r\nProceedings in Council see ibid., 1908, Pt. VI, pages 41 and 182, and ibid., 1909, Pt. VI, pp 12 and 22. The Act has been amended in Bombay by Born. \r\nAct 20 of 1933 and in Sind by Sind Act 25 of 1939. \r\nThis Act has been extended and shall be deemed to have been so extended to the whole of Pakistan by the Central Laws (Statute  Reforms) Ordinance, \r\n1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October 1955),  \r\n3The original words  “the Presidency-towns” have successively been amended by A.O.,  1949, the Repealing and Amending Ordinance, 1961 (1 of \r\n1961), s. 3 and 2nd Sch. and A. O., 1964, Art. 2 and Sch., to read as above. \r\n4The words “and the town of Rangoon” omitted by A.O., 1937. \r\n5The original words “the Presidency -towns and the town of Rangoon” have successively been amended by the Insolvency (Amdt.) Act, 1926 (9 of \r\n1926), A.O., 1937, A.O., 1949, the Repealing and Amending Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch. and A.O., 1964, Art. 2   and Sch., to read \r\nas above. \r\n6The original words “the Presidency-towns Insolvency Act, 1909” have successively been amended by A.O., 1949, Ordinance, I of 1961, s. 3 and 2nd \r\nSch., and A.O., 1964, Art. 2 and Sch., to read as above. \r\n7Sub-section (2) omitted by A.O., 1949.  \r\n8Clause (bb) which was ins. by Act, 9 of 1926, s. 3, omitted by A.O., 1949. \r\n9Cl. (bbb) which was ins. by Act, 9 of 1926, s. 3 has successively been amended by A.O., 1937, A. O., 1949, the Central Laws ( Statute Reform) \r\nOrdinance, 1960 (21 of 1960), s. 3 and 2nd Sch., Ordinance, 1 of 1961. s. 3 and 2nd Sch. and A.O., 1964, Art. 2 and Sch., to read as above. \r\n10Subs. by the Federal Laws (Revision and Declaration). Ordinance, 1981 (27 of 1981), s. 3 and Second Sch. for “Sind and Balu chistan High Court”   \r\nwhich had been subs. by F.A.O. 1975, Art. 2 and Sch., for “the Bench of the High Court of West Pakistan at Karachi” \r\n11Ins. by the Insolvency Law (Amdt.) Act, 1930 (10 of 1930), s. 2. \r\n \r\n \r\nPage 9 of 50 \r\n \r\n(d)  “prescribed” means prescribed by rules; \r\n  \r\n(e)  “property” includes any property over which or the profit s of which any \r\nperson has a disposing power which he may exercise for his own benefit; \r\n \r\n(f)  “rules” means rules made under this Act; \r\n \r\n(g)  “secured creditor” includes a landlord who under any enac tment for the time \r\nbeing in force has a charge on land for the rent of that land ; \r\n \r\n(h)  “the Court” means the Court exercising jurisdiction under this Act ; and \r\n \r\n(i)  “transfer of property” includes a transfer of any interest therein and any charge \r\ncreated thereon. \r\n \r\nPART I \r\nCONSTITUTION AND POWERS OF COURT \r\n \r\nJurisdiction \r\n \r\n 1[3. Courts having Jurisdiction in insolvency. The Courts having jurisdiction under this Act \r\nshall be 2[High Court of Sind]. \r\n \r\n 4. Jurisdiction to be exercised by a single Judge.  All matter s in respect of which \r\njurisdiction is given by this Act shall be ordinarily transacted and disposed of by or under the \r\ndirection of one of the Judges of the Court, and the Chief Justice 3* * * shall, from time to time, \r\nassign a Judge for that purpose. \r\n \r\n 5. Exercise of jurisdiction in chambers.  Subject to the provisions of this Act and of rules, \r\nthe Judge of a Court exercising jurisdiction in insolvency may exercise in chambers the whole or any \r\npart of his jurisdiction. \r\n \r\n 6. Delegation of powers to officers of Court.___(1) The Chief Justice 3** * may, from time \r\nto time, direct that, in any matters i n respect of which jurisdiction  is given to the Court by this Act, \r\nan officer of the Court appointed by him in this behalf shall have all or any of the powers in t his \r\nsection mentioned; and any order made or act done by such officer in the exercise of the said powers \r\nshall be deemed the order or act of the Court. \r\n \r\n (2) The powers referred to in sub-section (1) are the following, namely :— \r\n \r\n(a)  to hear insolvency pe titions presented by debtors, and to make orders of \r\nadjudication thereon ; \r\n \r\n(b)  to hold the public examination of insolvents ; \r\n \r\n 1The original section 3 has successively been amended by the Insolvency (A mdt.) Act, 1926 (9 of 196), s. 4, A.O., 1937, A.O., 1949, the \r\n Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. And A.O., 1961, Art. 2 (with effect from the 23rd March, \r\n 1956), to read as above. \r\n 2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Second Sch., for “Sind and Baluchistan High \r\n Court”which had been subs. by F.A.O. 1975, Art. 2 and Sch., for “the Bench of the High Court of West Pakistan at Karachi and the High \r\n Court of East Pakistan” \r\n 3The original words “or Chief Judge” as a mended by Act 9 of 1926, s. 5 and A.O., 1949 ,  have been omitted by Ordinance 21 of 1960 , s.3 \r\n and 2nd Sch. (with  effect from the 14th October 1955 ).  \r\n \r\n \r\nPage 10 of 50 \r\n \r\n(c)  to make any order or exercise any jurisdiction which is prescribed as proper to \r\nbe made or exercised in chambers ; \r\n \r\n(d)  to hear and determine any unopposed or ex-parte application ; \r\n  \r\n(e)  to examine any person summoned by the Court under section 36. \r\n \r\n (3) An officer appointed under this section shall not have power to commit for contempt of \r\nCourt. \r\n \r\n 7. Power of Court to decide all q uestions arising in insolvency.  Subject to the provisions \r\nof this Act, the Court shall have full power to decide all questions of priorities, and all other \r\nquestions whatsoever, whether of law or fact, which may arise in a ny case of insolvency coming \r\nwithin the cognizance of the Court, or which the Court may deem it expedient or necessary to decide \r\nfor the purpose of doing complete justice or making a complete distribution of property in any such \r\ncase : \r\n \r\n l[Provided that, u nless all the parties otherwise agree, the power hereby given shall, for the \r\npurpose of deciding any matter arising under section 36, be exercised only in the manner and to the \r\nextent provided in that section.] \r\n \r\nAppeals \r\n \r\n 8. Appeals in insolvency.  (1) The Court may review, rescind or vary any order made by it \r\nunder its insolvency jurisdiction. \r\n \r\n (2) Orders in insolvency matters shall at the instance of any person aggrieved, be subject to \r\nappeal as follows, namely:— \r\n \r\n(a)  an appeal from an order made by an o fficer of the Court empowered under \r\nsection 6 shall lie to the Judge assig ned under section 4 for the transaction and \r\ndisposal of matters in insolvency and no further appeal shall lie except by \r\nleave of such Judge; \r\n \r\n(b)  save as otherwise provided in clau se (a), an appeal from an order made by a \r\nJudge in the exercise of the jurisdic tion conferred by this Act shall lie in the \r\nsame way and be subject to the same provisions as an appeal from an order \r\nmade by a Judge in the exercise of the ordinary original c ivil jurisdiction of \r\nthe Court. \r\n \r\nPART II \r\nPROCEEDINGS FROM ACT OF INSOLVENCY TO DISCHARGE \r\n \r\nActs of insolvency \r\n \r\n 9. Acts of insolvency. A debtor commits an act of insolvency in each of the following cases, \r\nnamely:— \r\n \r\n1Proviso ins. by the Presidency-towns Insolvency (Amdt.) Act. 1927 (19 of 1927), s. 3.\r\n \r\n \r\nPage 11 of 50 \r\n \r\n \r\n(a)  if, in l[Pakistan] or elsewhere, he makes a transfer of all or substantially all his \r\nproperty to a third person for the benefit of his creditors generally; \r\n \r\n(b)  if, in l[Pakistan] or elsewhere, he makes a  transfer of his property or of any \r\npart thereof with intent to defeat or delay his creditors; \r\n \r\n(c)  if, in l[Pakistan] or elsewhere, he makes any transfer of his property or of any \r\npart thereof, which would, under this or any other enactment for the time \r\nbeing in force, be void as a fraudulent preference if he were adjudged an \r\ninsolvent; \r\n \r\n(d)  if, with intent to defeat or delay his creditors,– \r\n  \r\n(i)  he departs or remains out of l[Pakistan], \r\n \r\n(ii)  he departs from his dwelling -house or usual place of busi ness or \r\notherwise absents himself, \r\n  \r\n(iiii)  he secludes himself so as to deprive his creditors of the means of \r\ncommunicating with him; \r\n \r\n(e)  if any of his property has been sold or attached for a period of not less than \r\ntwenty-one days in execution of the  decree of any  Court for the payment of \r\nmoney; \r\n \r\n(f)  if he petitions to be adjudged an insolvent; \r\n \r\n(g)  if he gives notice to any of his creditors that he has suspended, or that he is \r\nabout to suspend, payment of his debts;  \r\n \r\n(h)  if he is imprisoned in ex ecution of the decree of any Court for the payment of \r\nmoney. \r\n \r\n Explanation.___For the purposes of this section, the act of an agent may be he act of the \r\nprincipal, even though the agent have no specific authority to commit the act. \r\n \r\nOrder of adjudication \r\n \r\n 10. Power to adjudicate. Subject to the conditions specified in this Act, if a debtor commits \r\nan act of insolvency, an insolvency petition may be presented either by a creditor or by the debtor, \r\nand the Court may on such petition make an order (hereinafte r called an order of adjudication) \r\nadjudging him an insolvent.  \r\n \r\n Explanation.___The presentation of a petition by the debtor shall be deemed an act of \r\ninsolvency within the meaning of this section, and on such petition the Court may make an order of \r\nadjudication. \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., (with effect from the 14th Octobpr,1955), for  “the \r\nProvinces and the Capital of the Federation” which had been subs by A.O., 1949, for “British India”. \r\n \r\n \r\n \r\nPage 12 of 50 \r\n \r\n 11. Restrictions on jurisdiction. The Court shall not have jurisdiction to make an order of \r\nadjudication, unless— \r\n \r\n(a)  the debtor is, at the time of the presentation of the insolvency petition, \r\nimprisoned in execution of the decree, of a Court for the p ayment of money in \r\nany prison to which debtors are ordinarily committed by the Court in the \r\nexercise of its ordinary original jurisdiction; or \r\n \r\n(b)  the debtor, within a year before the date of the presenta tion of the insolvency \r\npetition, has ordinarily r esided or had a dwelling -house or has carried on \r\nbusiness either in person or through an agent within the limits of the ordinary \r\noriginal civil jurisdiction of the Court; or  \r\n \r\n(c) the debtor personally works for gain within those limits; or \r\n \r\n(d)  in the case of a petition by or against a firm of debtors the firm has carried on \r\nbusiness within a year before the date of the presentation of the insolvency \r\npetition within those limits. \r\n \r\n 12. Conditions on which creditor may petition. —(1) A creditor shall not be  entitled to \r\npresent an insolvency petition against a debtor unless— \r\n \r\n(a)  the debt owing by the debtor to the creditor, or, if two or more creditors join in \r\nthe petition, the aggregate amount of debts owing to such creditors, amounts to \r\nfive hundred rupees, and \r\n \r\n(b)  the debt is a liquidated sum payable either immediately or at some certain \r\nfuture time, and  \r\n \r\n (c)  the act of insolvency on which the petition is grounded has occurred within \r\nthree months before the presentation of the petition. \r\n \r\n (2) If the petitioning creditor is a secured creditor, he shall in his petition either state that he is \r\nwilling to relinquish his security for the benefit of the creditors in the event of the debtor being \r\nadjudged insolvent or give an estimate of the value of the s ecurity. In the latter case he may be \r\nadmitted as a petitioning creditor to the extent of the balance of the debt due to him after deducting \r\nthe value so estimated in the same way as if he were an unsecured creditor. \r\n \r\n 13. Proceedings and order on creditor ’s petition. —(1) A creditor’s petition shall be \r\nverified by affidavit of the creditor, or of some person on his behalf having knowledge of the facts. \r\n \r\n (2) At the hearing the Court shall require proof of— \r\n \r\n(a)  the debt of the petitioning creditor, and \r\n \r\n(b)  the act of insolvency, or, if more than one act of in solvency is alleged in the \r\npetition, some one of the alleged acts of the insolvency. \r\n \r\n (3) The Court may adjourn the hearing of the petition and order service thereof on the debtor. \r\n \r\n \r\n \r\nPage 13 of 50 \r\n \r\n (4) The Court shall dismiss the petition— \r\n \r\n(a)  if it is not satisfied with the proof of the facts referred to in sub-section(2); or \r\n \r\n(b)  if the debtor appears and satisfies the Court that he is able to pay his debts, or \r\nthat he has not committed an act of insolvency or that for other sufficient \r\ncause no order ought to be made. \r\n \r\n (5) The Court may make an order of adjudication if it is satisfied with the proof above \r\nreferred to, or if on a hearing ad journed under sub-section (3) the debtor does not appear and service \r\nof the petition on him is proved, unless in its opinion the petition ought to have been presented \r\nbefore some other Court having insolvency jurisdiction. \r\n \r\n (6) Where the debtor appears on the petition and denies that he is indebted to the petitioner, \r\nor th at he is indebted to such an amount as would justify the petitioner in presenting a petition \r\nagainst him, the Court, on such security (if any) being given as the Court may require for payment to \r\nthe petitioner of any debt which may be established against t he debtor in due course of law,  and of \r\nthe costs of establishing the debt, may, instead of dismissing the petition, stay all proceedings on the \r\npetition for such time as may be required for trial of the question relating to the debt. \r\n \r\n (7) Where proceedings are stayed, the Court may, if by reason of the delay caused by the stay \r\nof proceedings or for any other cause it thinks just, make an order of adjudication on the petition of \r\nsome other creditor, and shall thereupon dismiss, on such terms as it thinks ju st, the petition on \r\nwhich proceedings have been stayed as aforesaid. \r\n \r\n (8) A creditor’s petition shall not, after presentation, be withdrawn without the leave of the \r\nCourt. \r\n \r\n 1[14. Conditions on which debtor may petition. —(1)] A debtor shall not be entitle d to \r\npresent an insolvency petition unless— \r\n \r\n(a)  his debts amount to five hundred rupees, or \r\n \r\n(b)  he has been arrested and imprisoned in execution of the decree of any Court \r\nfor the payment of money, or \r\n \r\n(c)  an order of attachment in execution of such  a decree has been made and is \r\nsubsisting against his property. \r\n \r\n 2[(2) A debtor in respect of whom an order of adjudication, whether made under this Act or \r\nunder the Provincial Insolvency Act, 1920  (V of 1920) , has been annulled owing to his failure to \r\napply or to prosecute an application for his discharge shall not be entitled to present an insolvency \r\npetition without the leave of the Court by which the order of adjudication was annulled. Such Court \r\nshall not grant leave unless it is satisfied either that  the debtor was prevented by any reasonable \r\ncause from presenting or prosecuting his application, as the case may be, or that the petition is \r\nfounded on facts substantially different from those contained in the peti tion on which the order of \r\nadjudication was made.] \r\n \r\n 15. Proceedings and order on debtor’s petition. —(1) A debtor’s petition shall allege that \r\nthe debtor is unable to pay his debts, and, if the debtor proves that he is entitled to present the \r\npetition, the Court may thereupon make any order of a djudication, unless in its opinion the petition \r\nought to have been presented before some other Court having insolvency jurisdiction. \r\n \r\n1The original s. 14 was re-numbered as sub-section (1) of that section by the Insolvency (Amdt.) Act, 1927 (11 of 1927), s. 2. \r\n2Sub-section (2), ins. ibid. \r\n \r\n \r\n \r\nPage 14 of 50 \r\n \r\n (2) A debtor’s petition shall not, after presentation, be with drawn without the leave of the \r\nCourt. \r\n \r\n 1[(3) On the making of the order admitting his petition, a debtor shall— \r\n \r\n(a)  unless the Court otherwise directs, produce all his books of account, and \r\n \r\n(b)  file such lists of creditors and debtors and afford such assistance to the Court \r\nas may be prescribed, failing which the Court may dismiss his petition.] \r\n \r\n 16. Discretionary powers as to a ppointment of interim rec eiver. The Court may, if it is \r\nshown to be necessary for the protection of the estate, at any time after the presentation of an \r\ninsolvency petition and before an order of adjudication is made, appoint the official assignee to be \r\ninterim receiver of the property of the debtor, or of any part thereof, and direct him to take immediate \r\npossession thereof or any part thereof, and the official assignee shall the reupon have such of the \r\npowers conferrable on a receiver appointed under the Code of Civil Procedure,  1908 (V of 1908), as \r\nmay be prescribed. \r\n \r\n 17. Effect of order of adjudication. On the making of an order of adjudication, the property \r\nof the insolvent wherever situate shall vest in the official assignee and shall become divisible among \r\nhis creditors, an d thereafter, except as directed by this Act, no creditor to whom the insolvent is \r\nindebted in respect of any debt provable in insolvency shall, during the pendency of the insolvency \r\nproceedings, have any remedy against the property of the insolvent in res pect of the debt or shall \r\ncommence any suit or other legal proceeding except with the leave of the Court and on such terms as \r\nthe Court may impose: \r\n \r\n Provided that this section shall not affect the power of any secured creditors to realize or \r\notherwise deal with his security in the same manner as he would have been entitled to realize or deal \r\nwith it if this section had not been passed. \r\n \r\n 18. Stay of proceedings. —(1) The Court may, at any time after the making of an  order of \r\nadjudication, stay any suit or other proceeding pending against the insolvent before any judge or \r\njudges of the Court or in any other Court subject to the superintendence of the Court. \r\n \r\n (2) An order made under sub-section (1) may be served by sending a copy thereof, under the seal of \r\nthe Court, by post to the address for service of the plaintiff or other party prosecuting such  suit or \r\nproceeding, and notice of such order shall be sent to the Court before which the suit or proceeding is \r\npending. \r\n \r\n (3) Any Court in which proceedings are p ending against a debtor may, on proof that an order \r\nof adjudication has been made against him under this Act, either stay the proceedings or allow them \r\nto continue on such terms as it may think just. \r\n \r\n 2[18A. Control over insolvency proceedings in subordin ate Court. (1) The Court may, at \r\nany time after the presentation of an insolvency petition, stay any insolvency proceedings pending \r\nagainst the debtor in any Court subject to the superintendence of the Court, and may, at any time \r\nafter the making of an ord er of adjudication, annul an adjudication against the debtor made by any \r\nsuch Court. \r\n \r\n1Sub-section (3) ins. by the Presidency-towns Insolvency (Amdt.) Act, 1927 (19 of 1927), s. 3. \r\n2Section 18A ins. by the Insolvency Law (Amdt.) Act, 1930 (10 of 1930), s. 3. \r\n \r\n \r\nPage 15 of 50 \r\n \r\n (2) Where an adjudication is annulled under sub -section (1), all sales and dispositions of \r\nproperty and payments duly made and all acts done by the Court whose order is annulled, or by the \r\nreceiver appointed by it or other person acting under his auth ority, shall be valid, but the property \r\nvested in such Court or receiver shall vest in the official assignee, and the Court may make such \r\ndirection in regard to the custody of such property as it thinks fit. \r\n \r\n (3) Notice of the order annulling an adjudicat ion under sub -section (1) shall be published in \r\nthe 1[official Gazette] and in such other manner as may be prescribed.] \r\n \r\n 19. Power to appoint special manager. —(1) If in any case the Court, having regard to the \r\nnature of the debtor’s estate or business or to the interests of the creditors generally, is of opinion that \r\na special manager of the estate or business ought to be appointed to assist the official assignee, the \r\nCourt may appoint a manager thereof accordingly to act for such time as the Court may aut horize, \r\nand to have such powers of the official assignee as may be entrusted to him by the official assignee \r\nor as the Court may direct. \r\n \r\n (2) The special manager shall give security and furnish accounts in such manner as the Court \r\nmay direct, and shall receive such remuneration as the Court may determine. \r\n \r\n 20. Advertisement of order of adjudication.  Notice of every order of adjudication, stating \r\nthe name, address and description of the insolvent, the date of the adjudication, the Court by which \r\nthe adjudication is made and the date of  presentation of the petition, shall be published 2* * * in the \r\n3[official Gazette] and in such other manner as may be prescribed. \r\n \r\nAnnulment of adjudication \r\n \r\n 21. Power for Court to annul adjudication in certain cases. —(1) Where, in the opinion of \r\nthe Court, a debtor ought not to have been adjudged insolvent, or where it is proved to the \r\nsatisfaction of the Court that the debts of the insolvent are paid in full, the Court may, on the \r\napplication of any person interested, by o rder annul the adjudication 4[and the Court may, of its own \r\nmotion or on application made by the official assignee or any creditor, annul any adjudication made \r\non the petition of a debtor who was, by reason of the provisions of sub -section (2) of section ( 14), \r\nnot entitled to present such petition]. \r\n \r\n (2) For the purposes of this section, any debt disputed by a debtor shall be considered as paid \r\nin full, if the debtor enters into a bond, in such sum and with such sureties as the Court approves, to \r\npay the a mount to be recovered in any proceeding for the recovery of or concerning the debt, with \r\ncosts, and any debt due to a creditor who cannot be found or cannot be identified shall be considered \r\nas paid in full if paid into Court. \r\n \r\n 22. Concurrent proceedings in British Courts. Where it is proved to the satisfaction of the \r\nCourt that insolvency proceedings are pending in any other 5[Court in] 6[Pakistan] against the same \r\ndebtor and that the property of the debtor can be more conveniently distributed by such oth er Court, \r\nthe Court may annul the adjudication or may stay all proceedings thereon. \r\n \r\n1Subs. by A.O., 1937, for “local official Gazette”. \r\n2The words “in the Gazette of India and” omitted, by A.O., 1937.  \r\n3Subs. ibid., for “local official Gazette”. \r\n4Ins. by the Insolvency (Amdt.) Act, 1927 (11 of 1927), s. 3. \r\n5Subs. by A.O.,1961, Art, 2 and Sch., for “British Court whether within or without” (with effect from the 23rd March, 1956).6Subs. by the Central Laws \r\n(Statute Refrom) Ordinance, 1960 (21of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the \r\nFederation” which had been subs. by A. O., 1949, for “British India”.\r\n \r\n \r\nPage 16 of 50 \r\n \r\n 23.  Proceedings on annulment.—(1) Where an adjudication is annulled, all sales and dispositions \r\nof property and payments duly made, and all acts theretofore done, by the official assignee or other person \r\nacting under his authority, or by the Court, shall be valid, but the pro perty of the debtor who was \r\nadjudged insolvent shall vest in such person as the Court may appoint, or, in default of any such ap -\r\npointment, shall revert to the debtor to the extent of his right or  interest therein on such terms and \r\nsubject to such conditions (if any) as the Court may declare by order.  \r\n \r\n (2) Where a debt or has been released from custody under the provisions of this Act and the \r\norder of adjudication is annulled as aforesaid, the Court may, if it thinks fit, recommit the debtor to \r\nhis former custody, and the jailor or keeper of the prison to whose custody s uch debtor is so \r\nrecommitted shall receive such debtor into his custody according to such recommitment, and \r\nthereupon all processes which were in force against the person of such debtor at the time of such \r\nrelease as aforesaid shall be deemed to be still i n force against him as if such order had not been \r\nmade. \r\n \r\n (3) Notice of the order annulling an adjudication shall be published 1* * * in the 2[official \r\nGazette] and in such other manner as may be prescribed. \r\n \r\nProceedings consequent on order of adjudication \r\n \r\n 24. Insolvent’s schedule. —(1) Where an order of adjudicatio n is made against a debtor,  he \r\nshall prepare and submit to the Court a schedule verified by affidavit, in such form and containing \r\nsuch particulars of and in relation to his affairs as may be prescribed. \r\n \r\n (2) The schedule shall be so submitted within the following times, namely :— \r\n \r\n(a)  if the order is made on the petition of the debtor, within thirty days from the \r\ndate of the order, \r\n \r\n(b)  if the order is made on the petition of a creditor, wit hin thirty days from the \r\ndate of service of the order. \r\n \r\n (3) If the insolvent fails, without reasonable excuse, to comply with the requirements of this \r\nsection, the Court may, on the application of the official assignee or of any creditor, make an order \r\nfor his committal to the civil prison. \r\n \r\n (4) If the insolvent fails to prepare and submit any such schedule as aforesaid, the official \r\nassignee may, at the expense of the estate, cause such a schedule to be prepared in manner pres -\r\ncribed. \r\n \r\n 25. Protection order.—(1) Any insolvent who shall have submitted his schedule as aforesaid \r\nmay apply to the Court for protection, and the Court may, on such application, make an order for the \r\nprotection of the insolvent from arrest or detention. \r\n \r\n (2) A protection order may apply either to all the debts mentioned in the schedule or to any of \r\nthem as the Court may think proper, and may commence and take effect at and for such time as the \r\nCourt may direct, and may be revoked or renewed as the Court may think fit. \r\n \r\n1The words “in the Gazette of India and” omitted by A.O., 1937. \r\n2Subs. ibid., for “local official Gazette”. \r\n \r\n \r\n \r\nPage 17 of 50 \r\n \r\n (3) A protection order shall protect the insolvent from being arrested or detained in prison for \r\nany debt to which such order shall apply, and any insolvent arrested or detained contrary to the terms \r\nof such order shall be entitled to his release : \r\n \r\n Provided that no such order shall operate to prejudice the right of any creditor in the event of \r\nsuch order being revoked or the adjudication annulled. \r\n \r\n (4) Any creditor shall be entitled to appear and oppose the grant of a protection order, but the \r\ninsolvent shall be prima facie entitled to such order on production of a certificate signed by the \r\nofficial assignee that he has so far conformed to the provisions of this Act. \r\n \r\n (5) The Court may make a protection order before an insol vent has submitted his schedule if \r\nit thinks it necessary to do so in the interests of the creditors. \r\n \r\n 26. Meetings of creditors. —(1) At any time after the making of an order of adjud ication \r\nagainst an insolvent, the Court, on the application of a creditor or of the official assignee, may direct \r\nthat a meeting of creditors shall be held to consider the circumstances of the in solvency and the \r\ninsolvent’s schedule and his explanation t hereof and generally as to the mode of dealing with the \r\nproperty of the insolvent. \r\n \r\n (2) With respect to the summoning of and proceedings at a meeting of creditors the rules in \r\nthe First Schedule shall be observed. \r\n \r\n 27. Public examination of the insolven t.—(1) Where the Court makes an order of \r\nadjudication it shall hold a public sitting on a day to be appointed by the Court, of which notice shall \r\nbe given to creditors in the prescribed manner, for the examination of the insolvent, and the insolvent \r\nshall attend thereat, and shall be examined as to his conduct, dealings and property.  \r\n \r\n (2) The examination shall be held as soon as conveniently may be after the expiration of the \r\ntime for the filing of the insolvent’s schedule. \r\n \r\n (3) Any creditor who has ten dered a proof or a legal practi tioner on his behalf may question \r\nthe insolvent concerning his affairs and the causes of his failure. \r\n \r\n (4) The official assignee shall take part in the examination of the insolvent; and for  the \r\npurpose thereof, subject to s uch direc tions as the Court may give, may be represented by a legal \r\npractitioner. \r\n \r\n (5) The Court may put such questions to the insolvent as it may think expedient.  \r\n \r\n (6) The insolvent shall be examined upon oath, and it shall be his duty to answer all such \r\nquestions as the Court may put or allow to be put to him. Such notes of the examination as the Court \r\nthinks proper shall be taken down in writing and shall be read over either to or by t he insolvent and \r\nsigned by him, and may thereafter be used in evi dence against him and shall be open to the \r\ninspection of any creditor at all reasonable times. \r\n \r\n (7) When the Court is of opinion that the affairs of the in solvent have been sufficiently \r\ninvestigated, it shall, by order, declare that his examination is co ncluded, but such order shall not \r\npreclude the Court from directing further examination of the insolvent whenever it may deem fit to \r\ndo so. \r\n \r\n \r\nPage 18 of 50 \r\n \r\n (8) Where the insolvent is a lunatic or suffers from any such mental or physical affliction or \r\ndisability as in the  opinion of the Court makes him unfit to attend his public examination, or is a \r\nwoman who according to the customs and manners of the country ought not to be compelled to \r\nappear in public, the Court may make an order dispensing with such examination, or di recting that \r\nthe insolvent be examined on such terms, in such manner and at such place as to the Court seems \r\nexpedient. \r\n \r\nComposition and schemes of arrangement \r\n \r\n 28. Submission of proposal and acceptance by creditors. —(1) An Insolvent may at any \r\ntime after the making of an order of adjudication submit a proposal for a compositio n in satisfaction \r\nof his debts or a proposal for a scheme of arrangement of his affairs in the prescribed form, and such \r\nproposal shall be submitted by the official assignee to a meeting of creditors. \r\n \r\n (2) The official assignee shall send to each creditor who is mentioned in the schedule, or who \r\nhas tendered a proof before the meeting, a copy of the insolvent’s proposals with a report thereon, \r\nand if on the consideration of such prop osal the majority in number and three -fourths in value of all \r\nthe creditors whose debts are proved resolve to accept the proposal, the same shall be deemed to be \r\nduly accepted by the creditors. \r\n \r\n (3) The insolvent may at the meeting amend the terms of his proposal if the amendment is in \r\nthe opinion of the official assignee calculated to benefit the general body of creditors. \r\n \r\n (4) Any creditor who has proved his debt may assent to or dissent from the proposal by a \r\nletter, in the prescribed form addressed to  the official assignee so as to be received by him not later \r\nthan the day preceding the meeting, and any such assent or dissent shall have effect as if the creditor \r\nhad been present and had voted at the meeting. \r\n  \r\n 29. Approval of proposal by Court. —(1) The insolvent or the official assignee may after \r\nthe proposal is accepted by the creditors apply to the Court to ap prove it, and notice of the time \r\nappointed for hearing the application shall be given to each creditor who has proved. \r\n \r\n (2) Except where an estate is being summarily administered or special leave of the Court has \r\nbeen obtained, the application shall not be heard until after the conclusion of the public examination \r\nof the insolvent. Any creditor who has proved may be heard by the Court in oppos ition to the \r\napplication notwithstanding that he may at a meeting of creditors have voted for the acceptance of \r\nthe proposal. \r\n \r\n (3) The Court shall before approving the proposal hear a report of the official assignee as to \r\nthe terms thereof and as to the c onduct of the insolvent and any objections which may be made by or \r\non behalf of any creditor. \r\n \r\n (4) Where the Court is of opinion that the terms of the pro posal are not reasonable or are not \r\ncalculated to benefit the general body of creditors or in any ca se in which the Court is required to \r\nrefuse the insolvent’s discharge, the Court shall refuse to approve the proposal. \r\n \r\n (5) Where any facts are proved on proof of which the Court would be required either to \r\nrefuse, suspend or attach conditions to the debt or’s discharge, the Court shall refuse to approve the \r\nproposal unless it provides reasonable security for payment of not less than four annas in the rupee \r\non all the unsecured debts provable against the debtor’s estate. \r\n \r\n \r\nPage 19 of 50 \r\n \r\n (6) No composition or scheme shall be approved by the Court which does not provide for the \r\npayment in priority to other debts of all debts directed to be so paid in the distribution of the property of \r\nan insolvent. \r\n \r\n (7) In any other case the Court may either approve or refuse to approve the proposal. \r\n \r\n 30. Order on approval. —(1) If the Court approves the proposal, the terms shall be \r\nembodied in an order of the Court, and an order shall be made annulling the adjudication, and the \r\nprovisions of section 23, sub -sections (1) and (3), shall th ereupon apply, and the composition or \r\nscheme shall be binding on all the creditors so far as relates to any debt due to them from the \r\ninsolvent and provable in insolvency. \r\n \r\n (2) The provisions of the composition or scheme may be enforced by the Court on application \r\nby any person interested, and any disobedience of an order of the Court made on the application shall \r\nbe deemed a contempt of Court. \r\n \r\n 31. Power to re -adjudge debtor insolvent. —(1) If default is made in the payment of any \r\ninstalment due in pursuance of any composition or scheme, approved as aforesaid, or if it appears to \r\nthe Court that the composition or scheme cannot proceed without injustice or undue delay or that the \r\napproval of the Court was obtained by fraud, the Court may, if it thinks fit, on application by any \r\nperson interested, re -adjudge the debtor insolvent and annul the composition or scheme, and the \r\nproperty of the debtor shall thereupon vest in the official assignee but without prejudice to the \r\nvalidity of any transfer or payment duly  made or of anything duly done under or in pursuance of the \r\ncomposition or scheme. \r\n \r\n (2) Where a debtor is re -adjudged insolvent under sub-section (1), all debts provable in other \r\nrespects which have been contracted before the date of such re -adjudication shall be provable in the \r\ninsolvency. \r\n \r\n 32. Limitation of e ffect of composition or scheme.  Notwithstanding the acceptance and \r\napproval of a composition or scheme, the composition or scheme shall not be binding on any creditor \r\nso far as regards a debt or lia bility from which, under the provisions of this Act, the insolvent would \r\nnot be discharged by an order of discharge in insolvency, unless the creditor assents to the \r\ncomposition or scheme. \r\n \r\nControl over person and property of insolvent \r\n \r\n 33. Duties of inso lvent as to discovery and realization of property. —(1) Every insolvent \r\nshall, unless prevented by sickness or other sufficient cause, attend any meeting of his creditors \r\nwhich the official assignee may require him to attend, and shall submit, to such examination and give \r\nsuch information as the meeting may require.  \r\n \r\n  (2) The insolvent shall— \r\n \r\n(a)  give such inventory of his property, such list of his creditors and debtors, and \r\nof the debts due to and from them respectively, \r\n \r\n(b)  submit to such examination in respect of his property or his creditors, \r\n \r\n(c)  wait at such times and places on the official assignee or special manager, \r\n \r\n \r\nPage 20 of 50 \r\n \r\n(d)  execute such powers-of-attorney, transfers and instruments, and \r\n \r\n(e)  generally do all such acts and things in relation t o his property and the \r\ndistribution of the proceeds amongst his creditors,  \r\n \r\n as may be required by the official assignee or special manager or, may be prescribed or be \r\ndirected by the Court by any special order or orders made in reference to any particular case, or made \r\non the occasion of any special application by the official assignee or special manager, or any creditor \r\nor person interested. \r\n  \r\n (3) The insolvent shall aid, to the utmost of his power, in the realization of his property and \r\nthe distribution of the proceeds among his creditors. \r\n \r\n (4) If the insolvent wilfully fails to perform the duties imposed upon him by this section, or to \r\ndeliver up possession to the official assignee of any part of his property, which is divisible amongst \r\nhis creditors under this Act and which is for the time being in his possession or under his control, he \r\nshall, in addition to any other punishment to which he may be subject, be guilty of a contempt of \r\nCourt, and may be punished accordingly. \r\n \r\n 34. Arrest of insolvent. —(1) The Court may, either of its own motion or at the instance of \r\nthe official assignee or of any creditor, by warrant addressed to any police -officer or prescribed \r\nofficer of the Court, cause an insolvent to be arrested, and committed to the civil prison o r if in \r\nprison to be detained until such time as the Court may order, under the following circumstances, \r\nnamely:— \r\n \r\n(a)  if it appears to the Court that there is probable reason for believing that he has \r\nabsconded or is about to abscond with a view of avoid ing examination in \r\nrespect of his affairs, or of otherwise avoiding, delaying or em barrassing \r\nproceedings in insolvency against him ; or \r\n \r\n(b)  if it appears to the Court that there is probable reason for believing that he is \r\nabout to remove his property with a view of preventing or delaying possession \r\nbeing taken of it by the official assignee, or that there is probable reason for \r\nbelieving that he has concealed or is about to conceal or destroy any of his \r\nproperty or any books, documents or writings whic h might be of use to his \r\ncreditors in the course of his insolvency ; or \r\n \r\n(c)  if he removes any property in his possession above the value of fifty rupees \r\nwithout the leave of the official assignee. \r\n \r\n (2) No payment or composition made or security given af ter arrest made under this section \r\nshall be exempt from the provisions of this Act relating to fraudulent preferences. \r\n \r\n 35. Redirection of letters. Where the official assignee has been appointed interim receiver or \r\nan order of adjudication is made, the Co urt, on the application of the official assignee, may, from \r\ntime to time, order that for such time, not exceeding three months, as the Court thinks fit, all post \r\nletters, whether registered or unregistered, parcel s and money orders  addressed to the debtor at any \r\nplace or places mentioned in the order for re-direction, shall be re-directed, or delivered by the Postal \r\nauthorities in l[Pakistan] to the official assignee, or otherwise as the Court directs; and the same shall \r\nbe done accordingly. \r\n \r\n \r\n \r\n1Subs. by t he Central Laws (Statute Reform) Ordinance, 1960  (21 of 1960), s. 3 and 2nd Sch. ( with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A. O., 1949, for “British of India”. \r\n \r\n \r\n \r\nPage 21 of 50 \r\n \r\n 36. Discovery o f insolvent’s property. —(1) The Court may, on the application of the \r\nofficial assignee or of any creditor who has proved his debt, at any time after an order of adjudication \r\nhas been made, summon before it in such manner as may be prescribed the insolvent or any person \r\nknown or suspected to have in his possession any property be longing to the insolvent, or supposed to \r\nbe indebted to the insolvent, or any person whom the Court may deem capable of giving information \r\nrespecting the insolvent, his dealings or  property; and the Court may require any such person to \r\nproduce any documents in his custody or power relating to the insolvent, his dealings or property. \r\n \r\n (2) If any person so summoned, after having been tendered a reasonable sum, refuses to come \r\nbefore the Court at the time  appointed, or refuses to produce any such document, having no lawful \r\nimpediment made known to the Court at the time of its sitting and allowed by it, the Court may, by \r\nwarrant, cause him to be apprehended and brought up for examination. \r\n \r\n  (3) The Court may examine any person so brought before it concerning the insolvent, his \r\ndealings or property, and such person may be represented by a legal practitioner. \r\n \r\n (4) l[If on his examination any such person admits] that he is indebted to th e insolvent, the \r\nCourt may, on the application of the official assignee, order him to pay to the official assignee, at \r\nsuch time and in such manner as to the Court seems expedient, the amount in which he is indebted, \r\nor any part thereof, either in full discharge of the whole amount or not, as the Court thinks fit, with or \r\nwithout costs of the examination. \r\n \r\n (5) l[If on his examination any such person admits] that he has in his possession any property \r\nbelonging to the insolvent, the Court may, on the applica tion of the official assignee, order him to \r\ndeliver to the official assignee that property, or any part the reof, at such time, in such manner and on \r\nsuch terms as to the Court may seem just.  \r\n \r\n (6) Orders made under sub -sections (4) and (5) shall be execut ed in the same manner as \r\ndecrees for the payment of money or for the delivery of property under the Code of Civil Procedure, \r\n1908 (V of 1908), respectively. \r\n \r\n (7) Any person making any payment or delivery in pursuance of an order made under sub -\r\nsection (4)  or sub -section (5) shall by such payment or delivery be discharged from all liability \r\nwhatsoever in respect of such debt or property. \r\n \r\n 37. Power to issue commissions.  The Court shall have the same powers to issue \r\ncommissions and letters of request for t he examination on commission or otherwise of any person \r\nliable to examination under section 36 as it has for the examination of witnesses under the Code of \r\nCivil Procedure, 1908 (V of 1908).  \r\n \r\nDischarge of Insolvent \r\n \r\n 38. Discharge of insolvent. —(1) An ins olvent may, a any time after the order of \r\nadjudication, apply to the Court for an order of discharge, and the Court shall appoint a day for \r\nhearing the application, but, save where the public examination of the insolvent has been dispensed \r\nwith under the p rovisions of this Act, the application shall not be heard until after such examination \r\nhas been concluded. The application shall be heard in open Court. \r\n \r\n1Subs. by the Presidency-towns Insolvency (Amdt.) Act, 1927 (19 of 1927), s. 4, for “If on the examination of any such person the Court is satisfied”. \r\n \r\n \r\nPage 22 of 50 \r\n \r\n (2) On the hearing of the application, the Court shall take into consideration any report of the \r\nofficial assignee as to the insolvent’s conduct and affairs, and, subject to the provisions of section 39, \r\nmay— \r\n \r\n(a)  grant or refuse an absolute order of discharge, or \r\n \r\n(b)  suspend the operation of the order for a specified time or  \r\n \r\n(c)  grant an order of discharge subject to any conditions with respect to any \r\nearnings or income which may afterwards become du e to the insolvent, or \r\nwith respect to his after-acquired property. \r\n \r\n 39. Cases in which the Court must refuse an absolute discharge. —(1) The Court shall \r\nrefuse the discharge in all cases where the insolvent has committed any offence under this Act, or \r\nunder sections 421 to 424 of the Pakistan Penal Code  (XLV of 1860), and shall, on proof of any of \r\nthe facts hereinafter mentioned, either— \r\n \r\n(a)  refuse the discharge ; or \r\n \r\n(b)  suspend the discharge for a specified time ; or \r\n \r\n(c)  suspend the discharge until  a dividend of not less than four annas in the rupee \r\nhas been paid to the creditors ; or \r\n \r\n(d)  require the insolvent as a condition of his discharge to consent to a decree \r\nbeing passed against him in favour of the official assignee for any balance or \r\npart of any balance of the debts provable under the insol vency which is not \r\nsatisfied at the date of his discharge; such balance or part of any balance of the \r\ndebts to be paid out of the future earnings or after -acquired pro perty of the \r\ninsolvent in such mann er and subject to such conditions as the Court may \r\ndirect; but in that case the decree shall not be executed without leave of the \r\nCourt, which leave may be given on proof that the insolvent has since his \r\ndischarge acquired property or income available for payment of his debts. \r\n \r\n (2) The facts hereinbefore referred to are— \r\n \r\n(a)  that the insolvent’s assets are not of a value equal to four annas in the rupee on \r\nthe amount of his unsecured liabilities, unless he satisfies the Court that the \r\nfact that the asse ts are not of such value has arisen from circumstances for \r\nwhich he cannot justly be held responsible ; \r\n \r\n(b)  that the insolvent has omitted to keep such books of account as are usual and \r\nproper in the business carried on by him and as sufficiently disclos e his \r\nbusiness transactions and financial position within the three years immediately \r\npreceding his insolvency ; \r\n \r\n(c)  that the insolvent has continued to trade after knowing himself to be insolvent; \r\n \r\n(d)  that the insolvent has contracted any debt provabl e under this Act without \r\nhaving at the time of contracting it any reasonable or probable ground of \r\n \r\n \r\nPage 23 of 50 \r\n \r\nexpectation (the burden of proving which shall lie on him) that he, would be \r\nable to pay it ; \r\n \r\n(e)  that the insolvent has failed to account satisfactorily for any loss of assets \r\nor for any deficiency of assets to meet his liabilities ; \r\n \r\n(f)  that the insolvent has brought on or contributed to his insolvency by rash or \r\nhazardous speculations or by unjustifiable extravagance in living or by \r\ngambling, or by culpable neglect of his business affairs ; \r\n \r\n(g)  that the insolvent has put any of his creditors to unnecessary expense by a \r\nfrivolous or vexatious defence to any suit properly brought against him ; \r\n \r\n(h)  that the insolvent has within three months preceding th e time of presentation \r\nof the petition incurred unjustifi able expense by bringing a frivolous or \r\nvexatious suit ; \r\n \r\n(i)  that the insolvent has within three months preceding the date of the \r\npresentation of the petition, when unable to pay his debts as they  become due, \r\ngiven an undue preference to any of his creditors; \r\n \r\n(j)  that the insolvent has concealed or removed his books or his property or any \r\npart thereof or has been guilty of any other fraud or fraudulent breach of trust. \r\n \r\n (3) The power of suspendi ng and of attaching conditions to an insolvent’s discharge may be \r\nexercised concurrently. \r\n \r\n (4) On any application for discharge the report of the official assignee shall be prima facie \r\nevidence and the Court may presume the correctness of any statement contained therein. \r\n \r\n 40. Hearing of application for discharge. Notice of the appointment by the Court of the day \r\nfor hearing the application for discharge shall be published in the prescribed manner and sent one \r\nmonth at least before the day so appointed to each creditor who has proved, and the Court may hear \r\nthe official assignee and may also hear any creditor. At the hearing, the Court may put such \r\nquestions to the insolvent and receive such evidence as it may think fit. \r\n \r\n 41. Power to annual adjudication o n failure to apply for discharge.  If an insolvent does \r\nnot appear on the day so appointed for hearing his application for discharge or if an insolvent shall \r\nnot apply to the Court for an order of discharge within such time as may be prescribed, the Court, on \r\nthe application of the official assignee or of a creditor or of its own motion, may annul the \r\nadjudication or make such other order as it may think fit, and the provisions of section 23 shall apply \r\non such annulment. \r\n \r\n 42. Renewal of application and var iation of terms of order.—(1) Where the Court refuses \r\nthe discharge of the insolvent it may, after such time and in such circumstances as may be \r\nprescribed, permit him to renew his application. \r\n \r\n (2) Where an order of discharge is made subject to condition s and at any time after the \r\nexpiration of two years from the date of the order the insolvent shall satisfy the Court that there is no \r\nreasonable probability of his being in a position to comply with the terms of such order, the Court \r\n \r\n \r\nPage 24 of 50 \r\n \r\nmay modify the terms o f the order, or of any substituted order, in such manner and upon such \r\nconditions as it may think fit. \r\n \r\n 43. Duty of discharged insolvent to ass ist in realization of property.  A discharged \r\ninsolvent shall, notwithstanding his dis charge, give such assistan ce as the official assignee may \r\nrequire in the realization and distribution of such of his property as is vested in the official assignee, \r\nand, if he fails to do so, shall be guilty of a contempt of Court; and the Court may also, if it thinks fit, \r\nrevoke his discharge, but without prejudice to the validity of any sale, disposition or payment duly \r\nmade or thing duly done subsequent to the discharge, but before its revocation. \r\n \r\n 44. Fraudulent settlements. In either of the following cases, that is to say ;— \r\n \r\n(1) in the case of a settlement made before and in considera tion of marriage where the settlor \r\nis not at the time of making the settlement able to pay all his debts without the aid of the property \r\ncomprised in the settlement; or  in the case of any covena nt or contract made in con sideration of \r\nmarriage for the future settlement on or for the settlor’s wife or children of any money or property \r\nwherein he had not at the date of his marriage any estate or interest (not being money or property of \r\nor in right of his wife) ;  \r\n \r\n if the settlor is adjudged insolvent or compounds or arranges with his creditors, and it appears \r\nto the Court that the settlement, covenant or contract was made in order to defeat or delay credi tors, \r\nor was unjustifiable having regard to  the state of  the settlor’s affairs at the time when it was made, \r\nthe Court may refuse or suspend an order of discharge or grant an order subject to con ditions or \r\nrefuse to approve a composition or arrangement. \r\n \r\n 45. Effect of order of discharge. —(1) An o rder of discharge shall not release the insolvent \r\nfrom— \r\n \r\n(a)  any debt due to the l[Government] ; \r\n \r\n(b)  any debt or liability incurred by means of  any fraud or fraudulent breach of  \r\ntrust to which he was a party ; or \r\n(c)  any debt or ability in respect of w hich he has obtained forbearance by any \r\nfraud to which he was a party ; or \r\n \r\n2[(d)  any liability under an order  for the maintenance of a wife or child.] \r\n (2) Save as otherwise provided by sub -section (1), an order of  discharge shall \r\nrelease the insolvent from all debts provable in insolvency. \r\n \r\n(3) An order of  discharge shall be conclusive evidence of the insolvency, and of  the validity \r\nof the proceedings therein. \r\n \r\n (4) An order of  discharge shall not release any person who at the date of  the presentation of \r\nthe petition was a partner or co-trustee with the insolvent or was jointly bound or had made any joint \r\ncontract with him, or any person who was surety or in the nature of a surety for him. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by A.O., 1961, Art. 2, for “Crown” (with effect from the 23rd March, 1956). \r\n2Subs. by the Federal Laws (Revision. and Dec1aration). Ordinance, 1981 (27 of 1981), s. 3 and Second Sch., for the original clause (d). \r\n \r\n \r\nPage 25 of 50 \r\n \r\nPART III \r\nADMINISTRATION OF PROPERTY \r\n \r\nProof of debts \r\n  \r\n 46. Debts provable in insolvenc y. —(1 ) Demands in the nature of unliquidated \r\ndamages arising otherwise than by reason of a contract or breach of trust  shall not be provable in \r\ninsolvency.   \r\n (2) A person having notice of the presentation of any insol vency petition by or against the \r\ndebtor shall not prove for any debt or liability contracted by the debtor subsequently to the date of his \r\nso having notice. \r\n \r\n  (3) Save as provided by sub -sections (1) and (2), all debts and liabilities, present or future, \r\ncertain or contingent, to which the d ebtor is subject when he is adjudged an insolvent or to which he \r\nmay become subject before his discharge by reason of any obligation incurred before the date of such \r\nadjudication, shall be deemed to be debts provable in insolvency. \r\n \r\n (4) An estimate shall  be made by the official assignee of the value of any debt or liability \r\nprovable as aforesaid which by reason of its being subject to any contingency or contingencies, or for \r\nany other reason, does not bear a certain value: \r\n \r\n Provided that if in his opinio n the value of the debt or liability is incapable of being fairly \r\nestimated, he shall issue a certificate to that effect, and thereupon the debt or liability shall be \r\ndeemed to be a debt not provable in insolvency. \r\n \r\n Explanation.—For the purposes of this s ection “liability” includes any compensation for \r\nwork or labour done, any obliga tion or possibility of an obligation to pay money or money’s worth \r\non the breach of any express or implied covenant, contract, agreement or undertaking, whether the \r\nbreach doe s or does not occur, or is or is not likely to occur or capable of occurring, before the \r\ndischarge of the debtor, and generally it includes any express or implied engagement, agreement or \r\nundertaking to pay, or capable of resulting in the payment of, money , or money’s worth, whether the \r\npayment is, as respects amount, fixed or unliquidated; as respects time, present or future, certain or \r\ndependent on any contingency or contingencies; as to mode of valua tion, capable of being \r\nascertained by fixed rules, or as matter of opinion. \r\n \r\n 47. Mutual dealings and set -off. Where there have been mutual dealings between an \r\ninsolvent and a creditor proving or claiming to prove a debt under this Act, an account shall be taken \r\nof what is due from the one party to the other  in respect of such mutual dealings, and the sum due \r\nfrom the one party shall be set -off against any sum due from the other party, and the balance of the \r\naccount, and no more, shall be claimed or paid on either side respectively: \r\n \r\n Provided that a person shall not be entitled under this section to claim the benefits of any set -\r\noff against the property of an insolvent in any case where he had at the time of giving credit to the \r\ninsolvent notice of the presentation of any insolvency petition by or against him. \r\n \r\n 48. Rules as to proof of debts.  With respect to the mode of proving debts, the right of proof \r\nby secured and other creditors, the admission and rejection of proofs, and the other matters referred \r\nto in the Second Schedule, the rules in that schedule shall be observed. \r\n \r\n 49. Priority of debts. —(1) In the distribution of the property of the insolvent there shall be \r\npaid in priority to all other debts___ \r\n \r\n \r\n \r\n(a)  all debts due to the 1[Government] or to any local authority ; \r\n \r\n1Subs. by A.O., 1961, Art. 2, for “Crown” (with effect from the 23rd March 1956.). \r\n \r\n \r\nPage 26 of 50 \r\n \r\n(b)  all salary or wages of any clerk, servant or labourer in respect of services \r\nrendered to the insolvent during four months before the date of the \r\npresentation of the petition, not exceeding three hun dred rupees for each such \r\nclerk, and one hundred rupees for each such servant or labourer ; and \r\n \r\n(c) rent due to a landlord from the insolvent: provided the amount payable under     \r\nthis clause shall not exceed one month’s rent. \r\n   \r\n (2) The debts specified in sub-section (1) shall rank equally between themselves, and shall be \r\npaid in full, unless the property of the insolvent is insufficient to meet them, in which case they shall \r\nabate in equal proportions between themselves. \r\n \r\n (3) Subject to the retention of such sums as may be necessary for the expenses of \r\nadministration or otherwise, the debts specified in sub -section (1) shall be discharged forthwith in so \r\nfar as the property of the insolvent is sufficient to meet them. \r\n \r\n (4) In the case of partners, the  partnership property shall be applicable in the first instance in \r\npayment of the partnership debts, and the separate property of each partner shall be appli cable in the \r\nfirst instance in payment of his separate debts. Where there is a surplus of the sepa rate property of \r\nthe partners, it shall be dealt with as part of the partnership property; and where there is a surplus of \r\nthe partnership property, it shall be dealt with as part of the respective separate property in \r\nproportion to the rights and interests of each partner in the partnership property. \r\n \r\n (5) Subject to the provisions of this Act, all debts proved in insolvency shall be paid ratably \r\naccording to the amounts of such debts respectively and without any preference. \r\n \r\n (6) Where there is any surplu s after payment of the foregoing debts, it shall be applied in \r\npayment of interest from the date on which the debtor is adjudged an insolvent at the rate of six per \r\ncentum per annum on all debts proved in the insolvency. \r\n \r\n 50. Rent due before adjudication.  After an order of adjudication has been made no distress \r\nfor rent due before such order shall be made upon the goods or effects of the insolvent, unless the \r\norder be annulled, but the landlord or party to whom the rent may be due shall be entitled to pro ve in \r\nrespect of such rent. \r\n \r\nProperty available for payment of debts \r\n \r\n 51. Relation of assignee’s title. The insolvency of a debtor, whether the same takes place on \r\nthe debtor’s on petition or upon that of a creditor or creditors, shall be deemed to have r elation back \r\nto and to commence at— \r\n \r\n(a)  the time of the commission of the act of insolvency on which an order of \r\nadjudication is made against him, or \r\n \r\n(b)  if the insolvent is proved to have committed more acts of insolvency than one, \r\nthe time of the fi rst of the acts of insolvency proved to have been committed \r\nby the insolvent within three months next preceding the date of the \r\npresentation of the insolvency petition: \r\n \r\n \r\n \r\nPage 27 of 50 \r\n \r\n Provided that no insolvency petition or order of adjudication shall be rendered inval id by \r\nreason of any act of insolvency committed anterior to the debt of the petitioning creditor. \r\n \r\n 52. Description of insolvent property divisible amongst creditors. —(1) The property of \r\nthe insolvent divisible amongst his creditors, and in this Act refer red to as the property of the insol -\r\nvent, shall not comprise the following particulars, namely :— \r\n \r\n(a)  property held by the insolvent on trust for any other person; \r\n \r\n(b)  the tools (if any) of his trade and the necessary wearing apparel, bedding, \r\ncooking vessels, and furniture of himself, his wife and children, to a value, \r\ninclusive of tools and apparel and other necessaries as aforesaid, not exceeding \r\nthree hundred rupees in the whole. \r\n \r\n  (2) Subject as aforesaid, the property of the insolvent shall comprise the following \r\nparticulars, namely:— \r\n \r\n (a)  all such property as may belong to or be vested in the insolvent at the \r\ncommencement of the insolvency or may be acquired by or devolve on him \r\nbefore his discharge s; \r\n \r\n(b)  the capacity to exercise and to ta ke proceedings for exercising all such powers \r\nin or over or in respect of property as might have been exercised by the \r\ninsolvent for his own benefit at the commencement of his insolvency or before \r\nhis discharge ; and \r\n \r\n(c)  all goods being at the commenceme nt of the insolvency in the possession, \r\norder or disposition of the insolvent, in his trade or business by the consent \r\nand permission of the true owner under such circumstances that he is the \r\nreputed owner thereof : \r\n \r\n Provided that things in action other t han debts due or growing due to the insolvent in the \r\ncourse of his trade or business shall not be deemed goods within the meaning of clause (c) : \r\n \r\n Provided also that the true owner of any goods which have become divisible among the \r\ncreditors of the insolvent under the provisions of clause (c) may prove for the value of such goods. \r\n \r\nEffect of insolvency on antecedent transactions \r\n \r\n 53. Restriction of rights of creditor under execution. —(1) Where execution of a decree \r\nhas issued against the property of a deb tor, no person shall be entitled to the benefit of the execution \r\nagainst the official assignee, except in respect of assets realized in the course of the execution by sale \r\nor otherwise before the date of the order of adjudication and before he had notice o f the presentation \r\nof any insolvency petition by or against the debtor. \r\n \r\n (2) Nothing in this section shall affect the right of a secured creditor in respect of property \r\nagainst which a decree is executed. \r\n \r\n (3) A person who in good faith purchases the pro perty of a debtor under a sale in execution \r\nshall in all cases acquire a good title to it against the official assignee. \r\n \r\n \r\nPage 28 of 50 \r\n \r\n 54. Duties of Court executing decree as to property taken in execution. Where execution of a \r\ndecree has issued against any property of a debtor which is saleable in execution, and before the sale thereof \r\nnotice is given to the Court executing the decree that an order of adjudication has been made against the \r\ndebtor, the Court shall, on application, direct the property, if in the possession of the Court, to be delivered \r\nto the official assignee, but the costs of the execution shall be a first charge on the property so \r\ndelivered, and the official assignee may sell the property or an ade quate part thereof for the purpose \r\nof satisfying the charge. \r\n \r\n 55. Avoidance of voluntary trans fer. Any transfer of property, not being a transfer made \r\nbefore and in consideration of marriage, or made in favour of a purchaser or incumbrancer in good \r\nfaith and for valuable con sideration, shall, if the transf eror is adjudged insolvent within two years \r\nafter the date of the transfer, be void against the official assignee. \r\n \r\n 56. Avoidance of preference in certain cases. (1) Every transfer of property, every payment \r\nmade, every obligation incurred, and every judi cial proceeding taken or suffered by any person \r\nunable to pay his debts as they become due from his own money in favour of any creditor, with a \r\nview of giving that creditor a preference over the other creditors, shall, if such person is adjudged \r\ninsolvent on a petition presented within three months after the date thereof, be deemed fraudulent \r\nand void as against the official assignee. \r\n  \r\n (2) This section shall not affect the rights of any person making title in good faith and for \r\nvaluable consideration through or under a creditor of the insolvent. \r\n \r\n 57. Protection of bona fide transactions. Subject to the foregoing provisions with respect to \r\nthe effect of insolvency on an execution and with respect to the avoi dance of certain transfers and \r\npreferences, nothing in this Act shall invalidate in the case of an insolvency– \r\n \r\n(a)  any payment by the insolvent to any of his creditors ;  \r\n \r\n(b)  any payment or delivery to the insolvent ; \r\n \r\n(c)  any transfer by the insolvent for valuable consideration ; or \r\n \r\n(d)  any contract or dealing by or with the insolvent for valuable consideration : \r\n \r\n Provided that any such transaction takes place before the date of the order of adjudication and \r\nthat the person with whom such transaction takes place has not at the time notice of th e presentation \r\nof any insolvency petition by or against the debtor. \r\n \r\nRealization of property \r\n \r\n  58. Possession of property by official assignee. —(1) The official assignee shall, as \r\nsoon as may be, take possession of the deeds, books and documents of the i nsolvent and all other \r\nparts of his property capable of manual delivery. \r\n \r\n (2) The official assignee shall, in relation to and for the purpose of acquiring or retaining \r\npossession of the property of the in solvent, be in the same position as if he were a r eceiver of the \r\nproperty appointed under the Code of Civil Procedure 1908  (V of 1908) , and the Court may on his \r\napplication enforce such acquisition or retention accordingly. \r\n \r\n \r\nPage 29 of 50 \r\n \r\n (3) Where any part of the property of the insolvent consists of stock, shares in ships, shares, \r\nor any other property transferable in the books of any company, office or person, the official assignee \r\nmay exercise the right to transfer the property to the same extent as the insolvent might have \r\nexercised it, if he had not become insolvent. \r\n \r\n (4) Where any part of the property of the insolvent consists of things in action, such things \r\nshall be deemed to have been duly transferred to the official assignee. \r\n \r\n (5) Any treasurer or other officer, or any banker, attorney or agent of an insolve nt, shall pay \r\nand deliver to the official assignee all money and securities in his possession or power as such \r\nofficer, banker, attorney or agent, which he is not by law entitled to retain as against the insolvent or \r\nthe official assignee. If he fails so t o do, he shall be guilty of a contempt of Court, and shall be \r\npunishable accordingly on the application of the official assignee. \r\n \r\n 59. Seizure of property of insolvent. —(1) The Court may grant a warrant to any prescribed \r\nofficer of the Court or any polic e-officer above the rank of a constable to seize any part of the \r\nproperty of an insolvent in the custody or possession of the insolvent or any other person, and with a \r\nview to such seizure to break open any house, building or room of the insolvent where th e insolvent \r\nis supposed to be, or any building or receptacle of the insolvent where any of his property is \r\nsupposed to be. \r\n \r\n (2) Where the Court is satisfied that there is reason to believe that property of the insolvent is \r\nconcealed in a house or place no t belonging to him, the Court may, if it thinks fit, grant a search  \r\nwarrant to any such officer as aforesaid who may execute it according to its tenor. \r\n \r\n 60. Appropriation of portion of pay or other income to creditors.—(1) Where an insolvent is an \r\nofficer of 1[the Pakistan Army or Navy], or an officer or clerk or otherwise employed or engaged in the civil \r\nservice of the 2[State], the official assignee shall receive for distribution amongst the creditors so \r\nmuch of the insolvent’s pay or salary liable to at tachment in execution of a decree as the Court may \r\ndirect. \r\n \r\n (2) Where an insolvent is in the receipt of a salary or income other than as aforesaid, the \r\nCourt may, at any time after adjudication and from time to time, make such order as it thinks just for  \r\nthe payment to the official assignee, for distribution among the creditors of so much of such salary or \r\nincome as may be liable to attachment in execution of a decree, or of any portion thereof. \r\n \r\n 361. Vesting and transfer of property. The property of the insolvent shall pass from official \r\nassignee to official assignee, and shall vest in the official assignee for the time being during his \r\ncontinuance in office, without any transfer whatever. \r\n \r\n 62. Disclaimer of onerous property. —(1) Where any part of the p roperty of an insolvent \r\nconsists of land of any tenure burdened with onerous covenants, of shares or stock in companies, of \r\nunprofitable contracts, or of any other property that is unsaleable, or not readily saleable, by reason \r\nof its binding the possessor  thereof to the performance of any onerous act or to the payment of any \r\nsum of money, the official assignee may, notwithstanding that he may have endea voured to sell or \r\nhave taken possession of the property, or exer cised any act of ownership in relation thereto, but \r\nsubject always to the provisions hereinafter contained in that behalf, by writing signed by him, at any \r\ntime within twelve months after the insolvent has been adjudged insolvent, disclaim the property : \r\n \r\n1Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), for “the Army or Navy or of  [the Royal Pakistan Navy]”. The word in \r\ncrotchets were amended by A.O., 1937 and A.O., 1949. \r\n2Subs. by A.O., 1961, Art. 2 and Sch., for “Crown” (with effect from the 23rd March, 1956). \r\n3in the application of the Act to Karachi, this section has been repealed; see the Presidency-towns Insolvency (Bom. Amdt.) Act, 1933  (Bom. 20 of \r\n1933), s. 11 and First Sch., as amended by the Karachi Insolvency Law Amdt. Act, 1935 (Born. 3 of 1935), s. 2. \r\n \r\n \r\nPage 30 of 50 \r\n \r\n Provided that, where any such property has not come to the knowledge of the official \r\nassignee within one month after such adjudication as aforesaid, he may disclaim the property at any \r\ntime within twelve months after he has first become aware thereof. \r\n \r\n (2) The disclaimer shall operate to determine, as from the date thereof, the rights, interest \r\nand liabilities of the insolvent and his property in or in respect of the property disclaimed, and shall \r\nalso discharge the official assignee from all personal lia bility in  respect of the property disclaimed \r\nas from the date when the pro perty vested in him, but shall not, except so far as is necessary for the \r\npurpose of releasing the insolvent and his property and the official assignee from liability, affect the \r\nrights or liabilities of any other person. \r\n \r\n 63. Disclaimer of lease -holds. Subject always to such rules as may be made in this behalf, \r\nthe official assignee shall not be entitled to disclaim any leasehold interest without the leave of the \r\nCourt; and the Cou rt may, before or on granting such leave, require such notices to be given to \r\npersons interested, and impose such terms as a condition of granting leave, and make such orders \r\nwith respect to fixtures, tenant’s improvements and other matters arising out of the tenancy, as the \r\nCourt thinks just. \r\n \r\n 64. Power to call on official assignee disclaim. The official assignee shall not be entitled to \r\ndisclaim any property in pursuance of section 62 in any case where an application in writing has \r\nbeen made to the offic ial assignee by any person interested in the property requiring him to decide \r\nwhether he will disclaim, and the official assignee has for a period of twenty eight days after the \r\nreceipt of the application, or such extended period as may be a llowed by the C ourt, declined or neg-\r\nlected to give notice that he disclaims the property; and in he case of a contract, if the official \r\nassignee, after such application as aforesaid, does not within the said period or extended period \r\ndisclaim the contract, he shall be deemed to have adopted it. \r\n \r\n 65. Power for Court to rescind contract.  The Court may, on the application of any person \r\nwho is, as against the official assignee, entitled to the benefit or subject to the burden of a contract \r\nmade with the insolvent, make an order rescinding the contract on such terms as to payment by or to \r\neither party of damages for the non -performance of the contract, or otherwise, as to the Court may \r\nseem equitable, and any damages payable under the order to any such person may be proved by  him \r\nas a debt under the insolvency. \r\n \r\n 66. Power for Court to make vesting order in respect of disclaimed property. —(1) The \r\nCourt may, on the application of any person either claiming any interest in any disclaimed property, \r\nor under any liability not disc harged by this Act in respect of any disclaimed property, and on \r\nhearing such persons as it thinks fit, make an order for the vesting of the property in or delivery \r\nthereof to any person entitled thereto, or to whom it may seem just that the same should be  delivered \r\nby way of compensation for such liability as aforesaid, or a trustee for him and on such terms as the \r\nCourt thinks just; and on any such vesting order being made, the pro perty comprised therein shall \r\nvest accordingly in the person therein named in that behalf without any transfer for the purpose: \r\n \r\n  Provided always, that, where the property disclaimed is of a leasehold nature, the Court shall \r\nnot make a vesting order in favour of any person claiming under the insolvent, whether as under -\r\nlessee or as mortgagee except upon the terms of making such person subject to the same liabilities \r\nand obligations as the insolvent was subject to under the lease in respect of the property at the date \r\nwhen the insolvency petition was filed, and any under lessee or mortgagee declining to accept a \r\nvesting order upon such terms shall be excluded from all interest in and security upon the property, \r\nand if there is no person claiming under the insolvent who is willing to accept an order upon such \r\n \r\n \r\nPage 31 of 50 \r\n \r\nterms, the Court shall have power to vest the insolvent’s interest in the property in any person liable \r\neither personally or in a representative character, and either alone or jointly with the insolvent, to \r\nperform the lessee’s covenants in such lease, freed and discharged fro m all states, incumbrances and \r\ninterests created therein by the insolvent. \r\n \r\n (2) The Court may, if it thinks fit, modify the terms prescribed by the foregoing proviso so as \r\nto make a person in whose behalf the vesting order may be made subject only to the same liabilities \r\nand obligations as if 1he lease had been assigned to him at the date when the insolvency petition was \r\nfiled, and (if the case so requires) as if the lease had comprised only the property comprised in the \r\nvesting order. \r\n \r\n 67. Persons injure d by di sclaimer may prove.  Any person injured by the operation of a \r\ndisclaimer under the foregoing provisions shall be deemed to be a creditor of the insolvent to the \r\namount of injury, and may accordingly prove the same as a debt under the insolvency. \r\n   \r\n 68. Duty and powers of official assignee as to realization.—(1) Subject to the provisions of \r\nthis Act, the official assignee shall, with all convenient speed, realize the property of the insolvent, \r\nand for that purpose may— \r\n \r\n(a)  sell all or any part of the property of the insolvent ; \r\n \r\n(b)  give receipts for any money received by him ;  \r\n \r\nand may, by leave of the Court, do all or any of the following things namely:— \r\n \r\n(c)  carry on the business of the insolvent so far as may be necessary for the \r\nbeneficial winding up of the same ; \r\n \r\n(d) institute, defend or continue any suit or other legal  Proceeding relating to the \r\nproperty of the insolvent ; \r\n \r\n(e)  employ a legal practitioner or other agent to take any proceedings or do any  \r\nbusiness which may be sanctioned by the Court ; \r\n \r\n(f)  accept as the consideration for the sale of any property of the insolvent a sum \r\nof money payable at a future time or fully paid shares, debentures or debenture \r\nstock in any limited company subject to such stipulations as to security and  \r\notherwise as the Court thinks fit ; \r\n \r\n(g)  mortgage or pledge any part of the property of the insolvent for the purpose of \r\nraising money for the pay ment of his debts or for the purpose of carrying on \r\nthe business ; \r\n   \r\n(h)  refer any dispute to arbitration , an d compromise all debts, claims and \r\nliabilities, on such terms as may be agreed upon ; \r\n \r\n(i)  divide in its existing form amongst the creditors, ac cording to its estimated \r\nvalue, any property which, from its peculiar nature or other special \r\ncircumstances, cannot readily or advantageously be sold. \r\n \r\n \r\n \r\nPage 32 of 50 \r\n \r\n 1(2) The official assignee shall account to the Court and pay over all monies and deal with all \r\nsecurities in such manner as is prescribed or as the Court directs. \r\n \r\nDistribution of property \r\n \r\n 69. Declaration a nd distribution of dividends. —(1) The official assignee shall, with all \r\nconvenient speed , declare and distribute dividends amongst the creditors who have proved their \r\ndebts. \r\n \r\n (2) The first dividend (if any) shall be declared and be distri buted within 2[one year] after the \r\nadjudication, unless the official assignee satisfies the Court that there is sufficient reason for post -\r\nponing the declaration to a later date. \r\n \r\n (3) Subsequent dividends shall, in the absence of sufficient reason to the contrary, be declared \r\nand be payable at intervals of not more than six months. \r\n \r\n (4) Before declaring a dividend, the official assignee shall cause notice of his intention to do \r\nso to be published in the prescribed manner, and shall also send reasonable notice thereof to each \r\ncreditor mentioned in the insolvent’s schedule who has not proved his debt. \r\n \r\n (5) When the official assignee has declared a dividend, he shall send to each creditor who has \r\nproved a notice showing the amount of the dividend, and when and how it is payable, and, if required \r\nby any creditor, a statement in the prescribed form as to the particulars of the estate. \r\n \r\n 70. Joint and separate properties. Where one partner in a firm is adjudged insolvent, a \r\ncreditor to whom the insolvent is indebted jointly wit h the other partners in the firm or any of them \r\nshall not receive any dividend out of the separate property of the insolvent until all the separate \r\ncreditors have received the full amount of their respective debts. \r\n \r\n 71. Calculation of dividends. —(1) In th e calculation and distribution of dividends, the \r\nofficial assignee shall retain in his hands sufficient assets to meet___ \r\n \r\n(a)  debts provable in insolvency and appearing from the insolvent’s statements or \r\notherwise to be due to persons resident in places  so distance that in the \r\nordinary course of communication they have not had sufficient time to tender \r\ntheir proofs ; \r\n \r\n(b)  debts provable in insolvency the subject of claims not yet determined ;  \r\n \r\n(c)  disputed proofs or claims ; and  \r\n \r\n(d)  the expenses necessary for the administration of the estate or otherwise. \r\n \r\n \r\n \r\n \r\n1In the application of the Act to Karachi, this sub-section has been repealed: see the Presidency-towns Insolvency (Born. Amdt.) Act, 1933 (Bom. 20 of \r\n1933), s. 11 and First Sch., as amended by the Karachi Insolvency Law Amdt. Act, 1953 (Bom. 3 of 1935), s. 2. \r\n2Subs. by the Presidency-towns Insolvency (Amdt.) Act, 1929 (3 of 1929), s. 2, for “six months”. \r\n \r\n \r\n \r\nPage 33 of 50 \r\n \r\n (2) Subject to the provisions of sub -section (1), all money in hands shall be distributed  as \r\ndividends. \r\n \r\n 72. Right of creditor who has not proved debt before declaration of a dividend. - Any \r\ncreditor who has not proved his debt before the declaration of any dividend or dividends shall be \r\nentitled to be paid out of any money for the time being in the hands of the official assignee any \r\ndividend or dividends which he may have failed to receive, before that money is applied to the \r\npayment of any future dividend or dividends, but he shall not be entitled to disturb the distribution of \r\nany dividend declared before his debt was proved by reason that he has not participated therein. \r\n \r\n 7 3 .  F i n a l  d i v i d e n d .— (1) When the official assignee has realized all the property of the \r\ninsolvent, or so much thereof as can, in his  opinion, be realized without needlessl y protracting the \r\nproceedings in insolvency, he shall, with the leave of the Court, declare a final dividend; but, before \r\nso doing, he shall give notice in manner prescribed to the persons whose claims to be creditors have \r\nbeen notified to him but not pro ved, that, if they do not prove their claims, to the satisfaction of the \r\nCourt, within the time limited by the notice, he will proceed to make a final dividend  without regard \r\nto their claims. \r\n \r\n (2) After the expiration of the time so limited, or, if the Co urt on app lication by any such \r\nclaimant grants him further time for establishing his claim, then on the expiration of that further time, \r\nthe property of the insolvent shall be divided among the creditors who have proved their debts, \r\nwithout regard to the claims of any other persons. \r\n \r\n 174. No suit for a dividend . No suit for a dividend shall lie against the official assignee, but, \r\nwhere the official assignee refuses to pay any divi dend, the Court may, on the application of the \r\ncreditor who is aggrieved by such refusal, order him to pay it, and also to pay out of his own money \r\ninterest thereon at such rate as may be pres cribed for the time that it is withheld, and the costs of the \r\napplication. \r\n \r\n 75. Power to allow insolvent to manage property, and allowance  to insolvent for \r\nmaintenance or service. - (1) Subject to such conditions and limitations as may be prescribed, the \r\nofficial assignee may appoint the insolvent himself to superintend the management of the property of \r\nthe insolvent or of any part thereof, or to carry on the trade (if any) of the insolvent, for the benefit of \r\nhis creditors, and in any other respect to aid in administering the property in such manner and on \r\nsuch terms as the official assignee may direct. \r\n \r\n (2) Subject as aforesaid, the Court may, from time to time, make such allowance as it thinks \r\njust to the insolvent out of his property, for the support of the insolvent and his family, or in \r\nconsideration of his services, if he is engaged in winding up his estate, but any such allowance may \r\nat any time be varied or determined by the Court. \r\n \r\n 76. Right of insolvent to surplus. —The insolvent shall be entitled to any surplus remaining \r\nafter payment in full of his creditors, with interest, as provided by  this Act and of the expenses of the \r\nproceedings taken thereunder. \r\n \r\n \r\n1S, 74 has been amended in its application to Karachi by the Presidency- towns Insolvency (Bom, Amdt.) Act, 1933 (Bom, 20 of 1933), s.2,  as \r\namended by the Karachi Insolvency Amendment Act, 1935 (Born. 3 of 1935), Section 2. \r\n \r\n \r\nPage 34 of 50 \r\n \r\nPART IV \r\nOFFICIAL ASSIGNEES \r\n \r\n 77. Appointment and removal of official assignees of insolvents estate. —1[(1) (a) The \r\nProvincial Government 2* * * sh all, after-consultation with, an d with the concurrence of, the Chief \r\nJustice of the High Court 3* * *, appoint substantively or temporarily a person to the office of official \r\nassignee of insolvents’ estates for the said Court and may, after the like consultation and with the like \r\nconcurrence, appoint substantively or temporarily a person or persons to the office of t he deputy \r\nofficial assignee for the said Court. \r\n \r\n 4*  *  *  *  *  *    *  \r\n \r\n 5[(1-A) Subject to rules made under section 112, the deputy official assignee shall have all the \r\npowers and shall discharge all the duties and in exercise of such powers and in the  discharge of such \r\nduties shall be subject to all the liabilities of the official assignee under this Act.] \r\n \r\n (2) Every official assignee 5[and every deputy official assignee] shall give such security and \r\nshall be subject to such rules and shall act in such manner as may be prescribed. \r\n \r\n 6*  *  *  *  *  *     * \r\n \r\n 78. Power to administer oath.  An official assignee may, for the purpose of affidavits \r\nverifying proofs, petitions or other proceedings under this Act, administer oaths.  \r\n \r\n 79. Duties as regards th e insolvent’s conduct.—(1) The duties of an official assignee shall \r\nhave relation to the conduct of the insolvent as well as to the administration of his estate. \r\n \r\n (2) In particular it shall be the duty of the official assignee— \r\n \r\n(a)  to investigate the conduct of the insolvent and to report to the Court upon any \r\napplication for discharge, stating whether there is reason to believe that the \r\ninsolvent has committed any act which constitutes an offence under this Act or \r\nunder sections 421 to 424 of the Pakis tan Penal Code (XLV of 1860) in \r\nconnection with his insolvency or which would justify the Court in refusing, \r\nsuspending or qualifying an order for his discharge; \r\n \r\n(b)  to make such other reports concerning the conduct of the insolvent as the \r\nCourt may direct or as may be prescribed; and \r\n \r\n(c)  to take such part and give such assistance in relation to the prosecution of any \r\nfraudulent insolvent as the Court may direct or as may be prescribed. \r\n \r\n 80. Duty to furnish list of creditors.  The official assignee sha ll, whenever required by any \r\ncreditor so to do and on payment by the creditor of the prescribed fee, furnish and send to the \r\ncreditor by post a list of the creditors showing in the list the amount of the debt due to each of the \r\ncreditors. \r\n \r\n1The original su b-section (1) was subs. by A.O., 1937. Subsequently, paragraph (a) of sub -section (1) as subs. by A.O., 1937 was omitted, and \r\nparagraphs (b) and (c) of that sub-section were re-lettered to read as paragraphs (a) and (b), by A.O.,1949.  \r\n2The original words “of Bengal” as amended by A.O., 1949 and A.O., 1961, Art. (with effect from the 23m March, 1956), have been omitted by the \r\nInsolvency (Dacca and the Federal Territory of Karachi) (Amdt.) Ordinance, 1962 (46 of 1962), s. 2. \r\n3The original words “at Calcutta ” as amended by A.O., 1949 and A.O., 1 961, Art. 2 (with effect from the 23rd March, 1956), have been omitted by \r\nOrdinance 46 of 1962, s. 2. \r\n4The original clause (b) as amended by A.O., 1949 and the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3. and 2nd Sch. (with effect \r\nfrom the 14th October, 1955), has been omitted by Ordinance 46 of 1962, s. 2. \r\n 5Ins. by the Insolvency Law (Amdt.) Act, 1930 (10 of 1930), s. 4.  \r\n 6Sub-section (3) omitted by A.O., 1949. \r\n  \r\n \r\n \r\nPage 35 of 50 \r\n \r\n \r\n 81. Remuneration.—(1) Such remu neration shall be paid to the official assignee as may be \r\nprescribed. \r\n \r\n (2) No remuneration whatever beyond that referred to in sub -section (1) shall be received by \r\nan official assignee as such. \r\n \r\n 182. Misfeasance. The Court shall call the official assign ee to account for any misfeasance, \r\nneglect or omission which may appear  in his accounts or otherwise, and may require the official \r\nassignee to make good any loss which the estate of the insolvent may have sustained by reason of the \r\nmisfeasance, neglect or omission. \r\n \r\n 183. Name under which to sue or be sued. The official assignee may sue and be sued by the \r\nname of “the official assignee of the property of, an insolvent,” inserting the name of the insolvent, \r\nand by that name may hold property  of every descrip tion, make contracts, enter into any \r\nengagements binding on himself and his successors in office, and do all other acts necessary or \r\nexpedient to be done in the execution of his office. \r\n \r\n 284. Office vacated by insolvency. If an order of adjudication is ma de against an official \r\nassignee, he shall thereby vacate the office of official assignee. \r\n \r\n 85. Discretionary powers and control thereof. —(1) Subject to the provisions of this Act \r\nand to the direc tions of the Court, the official assignee shall in the admi nistration of the property of \r\nthe insolvent and in the distribution thereof amongst his creditors, have regard to any resolution that \r\nmay be passed by the creditors at a meeting. \r\n \r\n (2) The official assignee may, from time to time, summon meetings of the cr editors for the \r\npurpose of ascertaining their wishes, and it shall be his duty to summon meetings at such times as the \r\ncreditors, by resolution at any meeting, or the Court may direct, or whenever requested in writing to \r\ndo so by one-fourth in value of the creditors who have proved. \r\n \r\n (3) The official assignee may apply to the Court for directions in relation to any particular \r\nmatter arising under the insolvency. \r\n \r\n (4) Subject to the provisions of this Act, the official assignee shall use his own discretion  in \r\nthe management of the estate and its distribution among the creditors. \r\n \r\n 86. Appeal to Court. If the insolvent or any of the creditors or any other person is aggrieved \r\nby any act or decision of the official assignee, he may appeal to the Court, and the  Court may \r\nconfirm, reverse or modify the act or decision complained of, and make such order as it thinks just. \r\n \r\n 87. Control of Court.—(1) If any official assignee does not faithfully perform his duties and \r\nduly observe all the requirements imposed on him  by any enactment, rules or otherwise, with respect \r\nto the performance of his duties, or if any complaint is made to the Court by any creditor in regard \r\nthereto, the Court shall enquire into the matter and take such action thereon as may be deemed \r\nexpedient. \r\n \r\n (2) The Court may at any time require any official assignee to answer any enquiry made by it \r\nin relation to any insolvency in which he is engaged, and may examine him or any other person on \r\noath concerning the insolvency. \r\n1Ss. 82 and 83 have been subs. in the application of the Act to Karachi, see the Presidency-towns Insolvency (Bom. Amdt.) Act, 1933 (Bom.  20 of, \r\n1933), s. 4. as amended by the Karachi Insolvency Law (Amdt.) Act, 1935 (Bom. 3 of 1935), s. 2. \r\n2In the application of the Act to Karachi, this section has been omitted by the Karachi Insolvency Law Amdt. Act, 1935 (Bom. 3 of 1935), s. 11.\r\n \r\n \r\nPage 36 of 50 \r\n \r\n 1(3) The Court may also direct an investigation to be made of the books and vouchers of the \r\nofficial assignee. \r\n \r\nPART V \r\nCOMMITTEE OF INSPECTION \r\n \r\n 88. Committee of inspection. The Court may, if it so thinks fit, authorize the creditors who \r\nhave proved to appoint from among the creditors or holders of general proxies or general powers -of-\r\nattorney from such credi tors, a committee of inspection for the purpose of superintending the \r\nadministration of the insolvent’s property by the official assignee: \r\n \r\n Provided that a creditor, who is appointed a member of a committee of inspection, shall not \r\nbe qualified to act until he has proved. \r\n \r\n 89. Control of committee of inspection over official assignee. The committee shall have \r\nsuch powers of control over the proceedings of the official assignee as may be prescribed.  \r\n \r\nPART VI \r\nPROCEDURE \r\n \r\n 90. Powers of the Court. —(1) In proceedings under this Act the Court shall have the  like \r\npowers and follow the like procedure as it has and follows in the exercise of its ordinary original \r\ncivil jurisdiction : \r\n \r\n Provided that nothing in this sub -section shall in any way limit the jurisdiction conferred on \r\nthe Court under this Act. \r\n \r\n (2) Subject to the provisions of this Act and rules, the costs of and incidental to any \r\nproceeding in the Court shall be in the discretion of the Court. \r\n \r\n (3) The Court may at any time adjourn any proceedings before it upon such terms, if any, as it \r\nthinks fit to impose. \r\n \r\n (4) The Court may at any time amend any written process or  proceeding under this Act upon \r\nsuch terms, if any, as it thinks fit to impose.  \r\n \r\n (5) Where by this Act or by rules the time for doing any act or thing is limited, the Court may \r\nextend the time either before or after the expiration thereof, upon such terms, if any, as the Court \r\nthinks fit to impose. \r\n \r\n (6) Subject to rules, the Court may in any matter take the whole or any part of the evidence \r\neither viva voce or by interrogatories, or upon affidavit, or by commission. \r\n \r\n (7) For the purpose of approving a composition or scheme by joint debtors the Court may, if \r\nit thinks fit, and on the report of the official assignee that it is expedient so to do, dispense with the \r\npublic examination of one of the joint debtors if he is unavoidably prevented from attending the \r\nexamination by illness or absence abroad.  \r\n \r\n1In the application of the Act to Karachi this sub-section has been repealed: see the Presidency-towns Insolvency (Bom. Amdt.) . Act, 1933 (Bom. 20 of \r\n1933), s. 11 and First Sch. as amended by the Karachi Insolvency Law Amdt. Act, 1935 (Born. 3 of 1935), s. 2. \r\n \r\n \r\n \r\nPage 37 of 50 \r\n \r\n 1*  *  *  *  *  *       *  \r\n \r\n 91. Consolidation of petitions.  Where two or more insolvency petitions are presented \r\nagainst the s ame debtor or against joint debtors, or where joint debtors file separate petitions, the \r\nCourt may consolidate the proceedings or any of them on such terms as the Court thinks fit. \r\n \r\n 92. Power to change carriage of petition.  Where the petitioner does not p roceed with due \r\ndiligence on his petition, the Court may substitute as petitioner any other creditor to whom the debtor \r\nis indebted in the amount required by this Act in the case of a petitioning creditor. \r\n \r\n 93. Continuance of proceedings on death of debto r. If a debtor by or against whom an \r\ninsolvency petition has been presented dies, the proceedings in the matter shall, unless the Court \r\notherwise orders, be continued as if he were alive. \r\n \r\n 94. Power to stay proceedings.  The Court may, at any time, for suf ficient reason, make an \r\norder staying the proceedings under an insolvency petition, either altogether or for a limited time, on \r\nsuch terms and subject to such conditions as the Court thinks just. \r\n \r\n 95. Power to pres ent petition against a partner.  Any credi tor whose debt is sufficient to \r\nentitle him to present an insolvency petition against all the partners in a firm may present a petition \r\nagainst any one or more partners in the firm without including the others. \r\n \r\n 96. Power to dismiss petition against some respondents only. Where there are more \r\nrespondents than one to a petition, the Court may dismiss the petition as to one or more of them \r\nwithout prejudice to the effect of the petition as against the other or others of them. \r\n \r\n 97. Separate insolvency petiti ons against partners. Where an order of adjudication has \r\nbeen made on an insolvency petition against or by one partner in a firm, any other insolvency \r\npetition against or by a partner in the same firm shall be presented in or transferred to the Court in \r\nwhich the first -mentioned petition is in course of prosecution; and such Court may give such \r\ndirections for consolidating the proceedings under the petitions as it thinks just. \r\n \r\n 98. Suits by official assignee and insolvent’s partner. —(1) Where a partner in  a firm is \r\nadjudged insolvent, the Court may authorize the official assignee to continue or commence and carry \r\non any suit or other proceeding in his name and that of the insolvent’s partner; and any release by the \r\npartner of the debt or demand to which the proceeding relates shall be void. \r\n \r\n (2) Where application for authority to continue or commence any suit or any other proceeding \r\nhas been made under sub -section (1), notice of the application shall be given to the insolvent’s \r\npartner, and he may show cause against it, and on his application the Court may, if it thinks fit, direct \r\nthat he shall receive his proper share of the proceeds of the proceedings, and if he does not claim any \r\nbenefit therefrom he shall be indemnified against costs in respect thereof as the Court directs. \r\n \r\n 99. Proceedings in partnership name.- (1) Any two or more persons, being partners, or any \r\nperson carrying on business under a partnership name, may take proceedings or be proceeded against \r\nunder this Act in the name of the firm : \r\n \r\n1The original sub-section (8) as amended by the Insolvency (A mdt.) Act, 1926 (9 of 1926), s. 8 and A.O., 1949, has been omitted by the Central Laws \r\n(Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).  \r\n \r\n \r\n \r\nPage 38 of 50 \r\n \r\n Provided that in that case the Court may, on application by any person interested, order the \r\nnames of the persons who are partners in the firm, or the name of the person carrying on business \r\nunder a partnership name, to be disclosed in such manner and v erified on oath or otherwise, as the \r\nCourt may direct. \r\n \r\n (2) In the case of a firm in which one partner is an infant, an adjudication order may be made \r\nagainst the firm other than the infant partner. \r\n  \r\n 100. Warrants of Insolvency Courts. —(1) A warrant of arrest issued by the Court may be \r\nexecuted in the same manner and subject to the same conditions as a warrant of arrest issued under \r\nthe Code of Criminal Procedure, 1898 (V of 1898), may be executed. \r\n  \r\n (2) A warrant to seize any part of the property of a n insolvent, issued by the Court under \r\nsection 59, sub -section (1), shall be in the form prescribed, and sections 77 (2), 79, 82, 83, 84 and \r\n102 of the said Code shall, so far as may be, apply to the execution of such warrant. \r\n \r\n (3) A search-warrant issued by the Court under section 59, sub -section, (2), may be executed \r\nin the same manner and subject to the same conditions as a search -warrant for property supposed to \r\nbe stolen may be executed under the said Code.  \r\n \r\nPART VII \r\nLIMITATION \r\n \r\n 101. Limitation of a ppeals. The period of limitation for an appeal from any act or decision \r\nof the official assignee, or from an order made by an officer of the Court empowered under section 6, \r\nshall be twenty days from the date of such act, decision or order, as the case may be. \r\n \r\nPART VIII \r\nPENALTIES \r\n \r\n 102. Undischarged insolvent obtaining credit.  An undischarged insolvent obtaining credit \r\nto the extent of fifty rupees or upwards from any person without informing such person that he is an \r\nundischarged insolvent shall, on con viction by a Magistrate, be punishable with imprisonment for a \r\nterm which may extend to six months, or with fine, or with both. \r\n \r\n 103. Punishment of insolvent for certain offences. Any person adjudged insolvent who— \r\n \r\n(a)  fraudulently with the intent to co nceal the state of his affairs or to defeat the \r\nobjects of this Act,___ \r\n \r\n(i)   has destroyed or otherwise wilfully prevented or purposely withheld \r\nthe production of any book, paper or writing relating to such of his \r\naffairs as are subject to investigation under this Act, or \r\n \r\n (ii)   has kept or caused to be kept false books, or  \r\n \r\n(iii)  has made false entries in or withheld entries from, or wilfully altered or \r\nfalsified, any book, paper or writing relating to such of his affairs as \r\nare subject to investigation under this Act, or \r\n \r\n \r\n \r\nPage 39 of 50 \r\n \r\n(b)  fraudulently with intent to diminish the sum to be divi ded amongst his \r\ncreditors or of giving an undue preference to any of the said creditors,__ \r\n \r\n(i)  has discharged or concealed any debt due to or from him, or \r\n \r\n(ii)  has made away with, charged, mortgaged or con cealed any part of his \r\nproperty of what kind soever, \r\n \r\n shall on conviction be punishable with imprisonment for a term which may extend to two \r\nyears. \r\n \r\n 1[l03A Disqualifications of insolvent. —(1) Where a debtor is ad judged or readjudged \r\ninsolvent under this Act, he shall, subject to the provisions of this section, be disqualified from— \r\n \r\n(a)  being appointed or acting as a Magistrate ; \r\n \r\n(b)  being elected to any office of any local authority where the appointment to \r\nsuch office is by election, or holding or exercising any such office to which no \r\nsalary is attached ; and \r\n \r\n(c)  being elected or sitting or voting as a member of any local authority. \r\n \r\n (2) The disqualifications which an insolvent is subject to under this se ction shall be removed, \r\nand shall cease if— \r\n \r\n(a)   the order of adjudication is annulled under sub-section (1) of section 21, or \r\n \r\n(b)  he obtains from the Court an order of discharge, whether absolute or \r\nconditional, with a certificate that his insol vency was caused by misfortune \r\nwithout any misconduct on his part.  \r\n \r\n (3) The Court may grant or refuse such certificate as it thinks fit.] \r\n \r\n 2[104. Procedure on charge under section 103. (1) Where the Court is satisfied, after such \r\npreliminary inquiry, if an y, as it thinks necessary, that there is ground for inquiring into any offence \r\nreferred to in section 103 and appearing to have been committed by the insolvent, the Court may \r\nrecord a finding to that effect and make a complaint of the offence in writing to  3* * * a Magistrate \r\nof the first class having jurisdiction, and such Magistrate shall deal with such complaint in the \r\nmanner laid down in the Code of Criminal Procedure, 1898 (V of 1898). \r\n \r\n (2) Any complaint made by the Court under sub -section (1) may be signed by such officer of \r\nthe Court as the Court may appoint in this behalf.] \r\n \r\n 105. Criminal liability after discharge or composition. Where an insolvent has been guilty \r\nof any of the offen ces specified in section 102 or section 103, he shall not be exem pt from being \r\nproceeded against therefor by reason that he has obtained his discharge or that a composition or \r\nscheme of arrangement has been accepted or approved. \r\n \r\n1S. 103A. ins. by the Presidency-towns Insolvency (Amdt.) Act, 1920 (11 of 1920), s.2. \r\n2Subs. by the Insolvency (Amdt.) Act, 1926 (9 of 1926), s. 9 for the original section 104. \r\n3The words “a Presidency Magistrate or” omitted by A.O., 1949. \r\n \r\n \r\nPage 40 of 50 \r\n \r\nPART IX \r\nSMALL INSOLVENCIES \r\n \r\n 106. Summary administration in small cases.—(1) Where the Court is satisfied by affidavit \r\nor otherwise, or the official assignee reports to the Court, that the property of an insolvent is not \r\nlikely to exceed in value three thousand rupees or such other less amount as may be prescribed, the \r\nCourt may make an order that the insol vent’s estate be adminis tered in a summary manner, and \r\nthereupon the provisions of this Act shall be subject to the following modifications, namely:— \r\n \r\n(a)  no appeal shall lie from any order of the Court, except by leave of the Court ; \r\n \r\n(b)  no examination of the insolvent shall be held except on the application of a \r\ncreditor or the official assignee ;  \r\n \r\n(c)  the estate shall, where practicable, be distributed in a single dividend;  \r\n \r\n(d)  such other modifications as may be prescribed with the view of savin g \r\nexpense and simplifying procedure : \r\n \r\n Provided that nothing in this section shall permit the modifi cation of the provisions of this \r\nAct relating to the discharge of the insolvent. \r\n \r\n (2) The Court may at any time, if it thinks fit, revoke an order for the summary administration \r\nof an insolvent’s estate. \r\n \r\nPART X \r\nSPECIAL PROVISIONS \r\n \r\n 107. Exemption of corporation, etc., from insolvency proceedings. No insolvency petition \r\nshall be presented against any corporation or against any association or company regist ered under \r\nany enactment for the time being in force.  \r\n \r\n 108. Administration in insolvency of estate of person dying insolvent. —(1) Any creditor \r\nof a deceased debtor whose debt would have been sufficient to support an insolvency petition against \r\nthe debtor, had he been alive, may present to the Court within the limits of whose ordinary original \r\ncivil jurisdiction the debtor resided or carried on business for the greater part of the six months \r\nimmediately prior to his decease, a petition in the prescribed fo rm praying for an order for the \r\nadministration of the estate of the deceased debtor under this Act. \r\n \r\n (2) Upon the prescribed notice being given to the legal rep resentative of the deceased debtor, \r\nthe Court may, upon proof of the petitioner’s debt, unless  the Court is satisfied that there is a \r\nreasonable probability that the estate will be sufficient for the payment of the debts owing by the \r\ndeceased, make an order for the administration in insolvency of the deceased debtor’s estate, or may \r\nupon cause shown dismiss the petition with or without costs. \r\n \r\n (3) A petition for administration under this section shall not be presented to the Court after \r\nproceedings have been commenced in any Court of justice for the administration of the deceased \r\ndebtor’s estate; but that Court may in that case, on proof that the estate is insufficient to pay its debts, \r\ntransfer the proceedings to the Court exercising jurisdiction in insolvency under this Act, and \r\nthereupon the last -mentioned Court may make an order for the administ ration of the estate of the \r\n \r\n \r\nPage 41 of 50 \r\n \r\ndeceased debtor, and the like consequences shall ensue as under an administration order made on the \r\npetition of a creditor. \r\n \r\n 109. Vesting of estate and mode of administration. —(1) Upon an order being made for the \r\nadministration of a deceased debtor’s estate under section 108, the property of the debtor shall vest in \r\nthe official assignee of the Court, and he shall forthwith proceed to realize and distribute the same in \r\naccordance with the provisions of this Act. \r\n \r\n (2) With the m odification hereinafter mentioned, all the provisions of Part III, relating to the \r\nadministration of the pro perty of an insolvent, shall, so far as the same are applicable, apply to the \r\ncase of such administration order in like manner as to an order of adjudication under this Act. \r\n \r\n (3) In the administration of the property of the deceased debtor under an order of \r\nadministration, the official assignee shall have regard to any claims by the legal representative of the \r\ndeceased debtor to payment of the prope r funeral and testamen tary expenses incurred by him in and \r\nabout the debtor’s estate; and those claims shall be deemed a preferential debt under the order, and \r\nbe payable in full, out of the debtor’s estate, in priority to all other debts. \r\n \r\n (4) If, on the administration of the deceased debtor’s estate, any surplus remains in the hands \r\nof the official assignee after payment in full of all the debts due from the debtor, together with the \r\ncosts of the administration and interest as provided by this Act in ca se of insolvency, such surplus \r\nshall be paid over to the legal representative of the deceased debtor’s estate, or dealt with in such \r\nother manner as may be prescribed. \r\n \r\n 110. Payments of transfer by legal representatives.—(1) After notice of the presentation of \r\na petition under section 108 no payment or transfer of property made by the legal representative shall \r\noperate as a discharge to him as between himself and the official assignee.  \r\n \r\n (2) Save as aforesaid nothing in section 108 or section 109 or thi s section shall invalidate any \r\npayment made or act or thing done in good faith by the legal representative or by a District Judge \r\nacting under the powers conferred on him by section 1[54 of the Administrator -General’s Act, 1913 \r\n(III of 1913)] before the date of the order for administration.  \r\n \r\n 111. Saving of jurisdi ction of Administrator General. The provisions of sections 108, 109 \r\nand 110 shall not  apply to any case in which probate or letters of administration to the estate of a \r\ndeceased debtor have been granted to an Administrator-General. \r\n \r\nPART IX \r\nRULES \r\n  \r\n 2112. Rules.—(1) The Courts having jurisdiction under this Act may from time to time make \r\nrules for carrying into effect the objects of this Act. \r\n \r\n (2) In particular and without prejudice to the gen erality of the foregoing power, such rules \r\nmay provide for and regulate— \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration). Ordinance, 1981 (27 of 1981) , s. 3 and Second Sch., for “64 of the Administrator -General’s \r\nAct, 1874”. \r\n2The section has been amended in its application to Karachi by the Presidency-towns insolvency (Bom. Amdt.) Act, 1933 (Bom. 20 of  1933), s. 6, as \r\namended by the Karachi Insolvency Law Amdt. Act, 1935 (Bom.3 of 1935), s. 2. \r\n \r\n \r\nPage 42 of 50 \r\n \r\n(a)  the fees and percentages to be charged under this Act and the manner in which \r\nthe same are to be collected and accounted for and the account to which they \r\nare to be paid; \r\n \r\n(b)  the investment, whether separately or collectively, of unclaimed dividends, \r\nbalances and other sums appertain ing to the estates of insolvent debtors \r\nwhether adjudi cated insolvent under this or any former enactment; and the \r\napplication of the proceeds of such investment;  \r\n \r\n(c)  the proceedings of the official assignee in taking posses sion of and realising \r\nthe estates of insolvent debtors ; \r\n \r\n   1*  *  *  *  *          *                 * \r\n \r\n(e)  the receipts, payments and accounts of the official assignee ;  \r\n \r\n(f)  the audit of the accounts of the official assignee ;  \r\n \r\n(g)  the payment 2* * * of the costs of the audit of his accounts o ut of the proceeds \r\nof the investments in his hands ; \r\n \r\n(h)  the payment of the costs incurred in the prosecution of fraudulent debtors and \r\nin legal proceedings taken by the official assignee under the direction of the \r\nCourt out of the proceeds aforesaid ; \r\n \r\n(i)   the payment of any civil liability incurred by an official assignee acting under \r\nthe order or direction of the Court ; \r\n \r\n(j)  the proceedings to be taken in connection with proposals for composition and \r\nschemes of arrangement with the creditors of insolvent debtors ; \r\n \r\n(k)  the intervention of the official assignee at the hearing of applications and \r\nmatters relating to insolvent debtors and their estates ; \r\n \r\n3[(kk)  filing of lists of creditors and debtors and the affording of assistance to the \r\nCourt by a petitioning debtor ;] \r\n \r\n(l)  the examination by the official assignee of the books and papers of account of \r\nundischarged insolvent debtors ; \r\n \r\n(m)  the service of notices in proceedings under this Act ; \r\n \r\n(n)  the appointment, meetings and procedure of committees of inspection ; \r\n \r\n(o)  the conduct of proceedings under this Act in the name of a firm ; \r\n \r\n(p)  the forms to be used in proceedings under this Act ; \r\n \r\n1Cl. (d) omitted by A.O., 1937. \r\n2The words “of the remuneration of the official assignee, of the costs, charges and expenses of his establishment, and” omitted, ibid.  \r\n3Clause (kk) ins. by the Presidency-towns Insolvency (Amdt.) Act, 1927 (19 of 1927), s. 5\r\n \r\n \r\nPage 43 of 50 \r\n \r\n(q)  the procedure to be followed in the case of estates to be administered in a \r\nsummary manner ; \r\n \r\n(r)  the procedure to be followed in the case of estates of  deceased persons to be \r\nadministered under this Act ; \r\n \r\n1[(s)  the distribution of work between the official assignee and his deputy or \r\ndeputies ;] \r\n \r\n  2*  *  *  *  *  *     *  \r\n \r\n 3[113. Sanction to rules. Rules made under the provisions of this Part shall be subject to the \r\nprevious sanction of the Provincial Government.] \r\n \r\n 114. Publication of rules. Rules so made and sanctioned shall be published 4* *  *  in the \r\n5[official Gazette], 6*      * *, and shall thereupon have the same force and effect with regard \r\nto proceedings under this Act in the Court which made them as if they had been enacted in this Act. \r\n \r\nPART XII \r\nSUPPLEMENTAL \r\n \r\n 115. Exemption from duty of transfers, etc., under this Act. —(1) Every transfer, \r\nmortgage, assignment, power -of-attorney, proxy paper, certificate, affidavit, bond or other \r\nproceedings, instrument or writing whatsoever before or under any order of the Court, and any copy \r\nthereof, shall be exempt from payment of any stamp or other duty whatsoever. \r\n \r\n (2) No stamp-duty or fee shall be chargeable for any application made by the official assignee \r\nto the Court under this Act, or for the drawing and issuing of any order made by the Court on such \r\napplication. \r\n \r\n 116. The Gazette to be  evidence.—(1) A copy of the official Gazette containing any notice \r\ninserted in pursuance of this Act shall be evidence of the facts stated in the notice. \r\n \r\n (2) A copy of the official Gazette containing any notice of an order of adjudication shall be \r\nconclusive evidence of the order having been duly made, and of its date. \r\n \r\n 117. Swearing of affidavits. Any affidavit may be used in a Court having jurisdiction under \r\nthis Act if it is sworn— \r\n \r\n(a)  in 7[Pakistan], before– \r\n \r\n(i)  any Court or Magistrate, or \r\n \r\n1Clause (s) ins. by the Insolvency Law (Amdt.) Act, 1930 (10 of 1930), section 5.   \r\n2Certain words which were inserted by A.O., 1937, have been omitted by A.O., 1949. \r\n3Subs. by A.O., 1937, for the original section 113. \r\n4The words “in the Gazette of India or” omitted, ibid. \r\n5Subs. ibid., for “local official Gazette”. \r\n6The words “as the case may be” omitted, ibid. \r\n7Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the  \r\nProvinces and the Capital of the Federation” which had been subs. by A. O., 1949, for “British India”. \r\n \r\n \r\n \r\n \r\nPage 44 of 50 \r\n \r\n \r\n(ii)  any officer or other person appointed to administer oaths under the \r\nCode of Civil Procedure, 1908 (V of 1908) ; \r\n \r\n(b)  in England, before any person a uthorized to administer oaths in His Majesty’s \r\nHigh Court of Justice, or in the Court of Chancery of the County Palatine of \r\nLancaster, or before any Registrar of a Bankruptcy Court or before any officer \r\nof a Bankruptcy Court authorized in writing in that b ehalf by the Judge of the \r\nCourt or before a Justice of the Peace for the county or place where it is sworn  \r\n; \r\n \r\n(c)  in Scotland or in Ireland, before a Judge Ordinary, Magistrate or Justice of the \r\nPeace ; and \r\n \r\n( d)  in any other place, before a Magistrate or  Justice of the Peace or other person \r\nqualified to administer oaths in that place (he being certified to be a Magistrate \r\nor Justice of the Peace, or qualified as aforesaid, by a 1[Minister, Consul or \r\nPolitical Agent accredited by 2[the President] or by a notary public). \r\n \r\n 118. Formal defect not to invalidate proceedings. —(1) No proceeding in insolvency shall \r\nbe invalidated by any formal defect or by any irregularity unless the Court before which an objection \r\nis made to the proceeding is of opinion that subs tantial injustice has been caused by the defect or \r\nirregularity, and that the injustice cannot be remedied by any order of that Court. \r\n \r\n (2) No  defect or irregularity in the appointment of an official assignee or member of a \r\ncommittee of inspection shall vitiate any act done by him in good faith. \r\n \r\n 119. [Application of Trustee Act to insolvency of trustee. ] Omitted by the Federal Laws \r\n(Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Second Schedule. \r\n \r\n 120. Certain pro visions to bind the Government. Save as herein provided, the provisions \r\nof this Act relating to the remedies against the property of a debtor, the priorities of debts, the effect \r\nof a composition or scheme of arrangement, and the effect of a discharge shall bind the \r\n3[Government]. \r\n \r\n 121. [ Savings for existing rights of audience. ] Omitted b y the Federal Laws (Revision and \r\nDeclaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Second Schedule. \r\n \r\n 4122. Lapse and credit to Government of unclaimed dividends.  Where the official \r\nassignee has under his control any dividend which has remained unclaimed for fifteen years from the \r\ndate of declaration or such less period as may be prescribed, he shall pay the same to the account and \r\ncredit of 5[the Provincial Government], unless the Court otherwise directs. \r\n \r\n 123. Claims to monies credited to Government under section 122. Any person claiming to \r\nbe entitled to any monies paid to the account and credit of 5[the Provincial Government] under \r\nsection 122, may apply to the Court for an order for payment to him of the same; and the Court, if \r\nsatisfied that the person claiming is entitled, shall make an order for payment to him of the sum due: \r\n \r\n1Subs. by A.O., 1949, for “British Minister or British Consul or British Political Agent”.  \r\n2Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty or the Governor General” (with effect from the 23rd March, 1956).  \r\n3Subs. ibid., Art. 2, for “Crown” (with effect from the 23rd March, 1956). \r\n4This section has been amended in its application to Karachi by the Presidency-towns Insolvency (Bom. Amendment) Act, 1933 (Bom. 20 of 1933), s.8, \r\nas amended by the Karachi Insolvency Law Amendment  Act, 1935 (Bom. 3 of 1935), s. 2, see Bom. Code.               \r\n 5Subs. by A.O., 1937, for “the G. of I.”. \r\n \r\n \r\nPage 45 of 50 \r\n \r\n Provided that, before making an order for the payment of a sum which has been carried to the \r\naccount and credit of 1[the Provincial Government], the Court shall cause a notice to be served on \r\nsuch officer as 2[the Provincial Government] may appoint in this behalf, calling on the officer to \r\nshow cause, within one month from the date of the service of the notice, why the order should not be \r\nmade.3 \r\n  124. Access to insolvent’s books. —(1) No person shall, as against the official \r\nassignee, be entitled to withhold possession of the books of accounts belonging to the insolvent or to \r\nset up any lien thereon. \r\n \r\n  (2) Any creditor of the insolvent may, subject to the control of the Court, and on \r\npayment of such fee, if any, as may be prescribed, inspect at all reasonable times, personally  or by \r\nagent, any such books in the possession of the official assignee. \r\n \r\n 125. Fees and percentages. Such fees and percentages shall be charged for and in respect of \r\nproceedings under this Act as may be prescribed.  \r\n \r\n 126. Courts  to be auxiliary to each o ther. All Courts having jurisdiction under this Act \r\nshall make such orders and do such things as may be necessary to give effect 4[to the provisions of \r\nthe Provincial Insolvency Act, 1920 (V of 1920)].  \r\n \r\n 5127. [Saving.] Omitted by the Federal Laws (Revision and Declaration ) Ordinance, 1981 \r\n(XXVII of 1981), s. 3 and Second Schedule. \r\n \r\nTHE FIRST SCHEDULE \r\n(See section 26) \r\nMEETINGS OF CREDITORS \r\n \r\n 1. Meetings of creditors. The official assignee may at any time summon a meeting of \r\ncreditors, and shall do so whene ver so directed by the Court or by the creditors by resolution at any \r\nmeeting or whenever requested in writing by one-fourth in value of the creditors who have proved. \r\n \r\n 2. Summoning of meetings. Meetings shall be summoned by sending notice of the time and  \r\nplace thereof to each creditor at the address given in his proof, or, if he has not proved, at the address \r\ngiven in the insolvent’s schedule, or such other address as may be known to the official assignee. \r\n \r\n 3. Notice of meetings. The notice of any meeti ng shall be sent off not less than seven days \r\nbefore the day appointed for the meeting and may be delivered personally or sent by prepaid post \r\nletter, as may be convenient. The official assignee may, if he thinks fit, also publish the time and \r\nplace of any meeting in any local newspaper or in the 6[official Gazette]. \r\n \r\n 4. Duty of insolvent to attend if required. It shall be the duty of the insolvent to attend any \r\nmeeting which the official assignee may, by notice, require him to attend, and any adjournment \r\nthereof. Such notice shall be either delivered to him personally or sent to him at his address by post \r\nat least three days before the date fixed for the meeting. \r\n \r\n1Subs. by A.O., 1937, for “the G. of I.”. \r\n2Subs. ibid., for “the G. G. in C.”. \r\n3For ss. 123A and 123B, ins. after s. 123 in its application to Karachi by the Presidency-towns Insovlvency (Bom. Amdt.) Act, 1933 (Bom. 20 of 1933), \r\ns. 10, as amended by the Karachi Insolvency Law Amdt. Act, 1935 (Bom. 3 of 1935), s. 2, see Bom. Code. \r\n4Subs. by the Federal Laws (Revision and Declaration), Ordinance, 1981 (27 of 1981), s. 3 and Second Sch., for “to section 118 of the Bankruptcy Act, \r\n1883, and to section 50 of the Provincial Insolvency Act, 1907”.           \r\n5This section was amended by the Repealing Amending and Act, 1914 (10 of 1914), s. 3 and Second Schedule. \r\n6Subs. by A.O., 1937, for “local official Gazette”, \r\n \r\n \r\nPage 46 of 50 \r\n \r\n 5. Proceedings not to be avo ided for non receipt of notice.  The proceedings held and \r\nresolutions passed at any meeting shall unless the Court oth erwise orders, be valid notwith standing \r\nthat any creditor has not received the notice sent to him. \r\n \r\n 6. Proof of issue of notice.  A certificate of the official assignee that the notice of any \r\nmeeting has been duly given shall be sufficient evidence of suc h notice having been duly sent to the \r\nperson to whom the same was addressed. \r\n \r\n 7. Costs of meeting.  Where on the request of creditors the official assignee summons a \r\nmeeting, there shall be deposited with the written request the sum of five rupees for ever y twenty \r\ncreditors for the costs of summoning the meeting, including all disbursements: Provided that the \r\nofficial assignee may require such further sum to be deposited as in his opinion shall be sufficient to \r\ncover the costs and expenses of the meeting. \r\n  \r\n 8. Chairman. The official assignee shall be the chairman of any meeting. \r\n \r\n 9. Right to vote.  A creditor shall not be entitled to vote at a meeting unless he has duly \r\nproved a debt provable in insolvency to be due to him from the insolvent and the proof h as been duly \r\nlodged one clear day before the time appointed for the meeting. \r\n \r\n 10. No vo te in respect of certain debts.  A creditor shall not vote at any such meeting in \r\nrespect of any unliquidated or contingent debt, or any debt the value of which is not ascertained. \r\n \r\n 11. Secured creditor. —For the purpose of voting, a secured creditor shall , unless he \r\nsurrenders his security, state in his proof the particulars of his security , the date when it was given , \r\nand the value at which he assesses it , and shall be entitled to vote only in respect of the balance , if \r\nany, due to him after deducting the value of his security. If he votes in respect of his whole debt , he \r\nshall be deemed to have surrendered his security, unless the Court on application is satisfied that the \r\nomission to value the security has arisen from inadvertence. \r\n \r\n 12. Proof in respect of negotiable instruments. Where a creditor seeks to prove in respect \r\nof a bill of exchange, promissory note, or other negotiable instrument or security on which the \r\ninsolvent is liable, such bill of exchange , note, instrument or security must, subject to any special \r\norder of the Court made to the contrary , be produced to the official as signee before the proof can be \r\nadmitted for voting. \r\n \r\n 13. Power to requir e creditor to give up security.  It shall be competent to the official \r\nassignee, within twenty-eight days after a proof estimating the value of a security has been made use \r\nof in voting at any meeting, to require the creditor to give up the security for the benefit of  the \r\ncreditors generally, on payment of the value so estimated. \r\n \r\n 14. Proof by partner.  If one partner in a firm is adjudged insolvent, any creditor to whom \r\nthat partner is indebted jointly with the other partners in the firm, or any of them, may prove his  debt \r\nfor the purpose of voting at any meeting of creditors and shall be entitled to vote thereat. \r\n \r\n 15. Power of official ass ignee to admit or reject proof.  The official assignee shall have \r\npower to admit or reject a proof for the purpose of voting, but h is decision shall be subject to appeal \r\nto the Court. If he is in doubt whether the proof of a creditor should be admitted or rejected, he shall \r\nmark the proof as objected to, and shall allow the creditor to vote, subject to the vote being declared \r\ninvalid in the event of the objection being sustained. \r\n \r\n \r\nPage 47 of 50 \r\n \r\n \r\n 16. Proxy. A creditor may vote either in person or by proxy. \r\n \r\n 17. Instrument of proxy. Every instrument of proxy shall be in the prescribed form and shall \r\nbe issued by the official assignee. \r\n \r\n 18. General proxy. A creditor may give a general proxy to his attorney or to his manager or \r\nclerk, or any other person in his regular employ ment. In such case the instrument of proxy shall state \r\nthe relation in which the person to act thereunder stands to the creditor. \r\n \r\n 19. Proxy to be deposited one day before date of meeting. A proxy shall not be used unless \r\nit is deposited with the official assignee one clear day before the time appointed for the meeting at \r\nwhich it is to be used. \r\n 20. Official assignee as proxy.  A creditor may appoint the official assignee to act as his \r\nproxy. \r\n \r\n 21. Adjournment of meeting.  The official assignee may adjourn the meeting from time to \r\ntime and from place to place, and no notice of the adjournment shall be necessary. \r\n \r\n 22. Minute of pro ceedings. The official assignee shall draw up a minute of the pro ceedings \r\nat the meeting and shall sign the same. \r\n \r\nTHE SECOND SCHEDULE \r\n(See section 48) \r\nPROOF OF DEBTS \r\n \r\nProofs in ordinary cases \r\n \r\n 1. Time for lodging proof. Every creditor shall lodge the proof of his debt as soon as may be \r\nafter the making of an order of adjudication. \r\n \r\n 2. Mode of lodging proof. A proof may be lodged by delivering or sending by post in a \r\nregistered letter to the official assignee an affidavit verifying the debt. \r\n \r\n 3. Authori ty to make affidavit.  The affidavit may be made by the creditor himself or by \r\nsome person authorized by or on behalf of the creditor. If made by a person so authorized, it shall \r\nstate his authority and means of knowledge. \r\n  \r\n 4. Contents for affidavit.  The affidavit shall contain or refer to a statement of account \r\nshowing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be \r\nsubstantiated. The official assignee may at any time call for the production of the vouchers. \r\n  \r\n 5. Affidavit to state if cr editor holds security. The affidavit shall state wheth er the creditor \r\nis or is not a secured creditor.  \r\n \r\n 6. Cost of proving debts.  A creditor shall bear the cost of proving his debt unless the Court \r\notherwise specially orders.  \r\n \r\n 7. Right to see and e xamine proof. Every creditor who has lodged a proof shall be entitled \r\nto see and examine the proofs of other creditors at all reasonable a times. \r\n \r\n \r\nPage 48 of 50 \r\n \r\n 8. Deduction to be made from proof.  A creditor in lodging his proofs shall deduct fr om his \r\ndebt all trade discounts, but he shall not be compelled to deduct any discount, not exceeding five per \r\ncentum on the net amount of his claim, which he may have agreed to allow for payment in cash. \r\n \r\nProof by secured creditors \r\n \r\n 9. Proof where security realized. If a secured creditor realizes his security, he may prove for \r\nthe balance due to him, after deducting the net amount realised.  \r\n \r\n 10. Proof where security is surrendered. If a secured creditor surrenders his security to the \r\nofficial assignee for the general benefit of the creditors, he may prove for his whole debt. \r\n \r\n 11. Proof in other cases.  If a secured creditor does not either realize or surrender his \r\nsecurity, he shall, before ranking for dividend, state in his proof the particulars of his s ecurity, the \r\ndate when it was given and the value at which he asseses it, and shall be entitled to receive a \r\ndividend only in respect of the balance due to him after deducting the value so assessed. \r\n \r\n 12. Valuation of security. —(1) Where a security is so v alued the official assignee may at \r\nany time redeem it on payment to the creditor of the assessed value. \r\n \r\n (2) If the official assignee is dissatisfied with the value at which a security is assessed, he \r\nmay require that the property comprised in any securit y so valued be offered for sale at such times \r\nand on such terms and conditions as may be agreed on between the credi tor and the official, assignee \r\nor as in default of agreement the Court may direct. If the sale is by public auction, the creditor, or the \r\nofficial assignee on behalf of the estate, may bid or purchase : \r\n \r\n Provided that the creditor may at any time, by notice in writing, require the official assignee \r\nto elect whether he will or will not exercise his power of redeeming the security or requiring  it to be \r\nrealized, and if the official assignee does not, within six months after receiving the notice, signify in \r\nwriting to the creditor his election to exercise the power, he shall not be entitled to exer cise it ; and \r\nthe equity of redemption, or any other interest in the property comprised in the security which is \r\nvested in the official assignee, shall vest in the creditor, and the amount of his debt shall be reduced \r\nby the amount at which the security has been valued. \r\n \r\n 13. Amendment of valuation. Where a creditor has so valued his security, he may at any \r\ntime amend the valuation and proof on showing to the satis faction of the official assignee, or the \r\nCourt, that the valuation and proof were made bona fide on a mistaken estimate, or that the securit y \r\nhas diminished or increased in value since its previous valuation; but every such amendment shall be \r\nmade at the cost of the creditor, and upon such terms as the Court shall order, unless the official \r\nassignee shall allow the amendment without application to the Court. \r\n \r\n 14. Refund of excess received.  Where a valuation has been amended in accordance with the \r\nforegoing rule, the creditor shall forthwith repay any surplus dividend which he has received in \r\nexcess of that to which he would have been entitled on the amended valuation, or, as the case may \r\nbe, shall be entitled to be paid out of any money for the time being available for dividend, any \r\ndividend or share of dividend which he has failed to receive by reason of the inaccuracy of the \r\noriginal valuation, before that money is made applicable to the payment of any future dividend, but \r\nhe shall not be entitled to disturb the distribution of any dividend dec1ared before the date of the \r\namendment. \r\n \r\n \r\n \r\nPage 49 of 50 \r\n \r\n 15. Amendment where security subsequently realized. If a creditor after having valued his \r\nsecurity subsequently realizes it, or if it is realized under the provisions of rule 12, the net amount \r\nrealized shall be substituted for the amount of any valuation previously made by the creditor and \r\nshall be treated in all respects as an amended valuation made by the creditor. \r\n \r\n 16. Excl usion from sharing in dividend.  If a secured creditor does not comply with the \r\nforegoing rules, he shall be excluded from all share in any dividend. \r\n \r\n 17. Limit of receipt. Subject to the pr ovisions of rule 12, a creditor shall in no case receive \r\nmore than sixteen annas in the rupee and interest as provided by this Act. \r\n \r\nTaking accounts of property mortgaged, and of the sale thereof \r\n \r\n 18. Inquiry into mortgage, etc.  Upon application by any pe rson claiming to be a mort -\r\ngagee of any part of the insolvent’s real or leasehold estate and whether such mortgage is by \r\ndeed or otherwise, and whether the same is of a legal or equitable nature, or upon application \r\nby the official assignee with the consen t of such person claiming to be a mortgagee as \r\naforesaid, the Court shall proceed to inquire whether such person is such mortgagee, and for \r\nwhat consideration and under what circumstances ’ and if it is found that such person is such \r\nmortgagee, and if no su fficient objection appears to the title of such person to the sum claimed \r\nby him under such mortgage, the Court shall direct such accounts and inquiries to be taken as \r\nmay be necessary for ascertaining the principal, interest and costs due upon such mortga ge, and \r\nof the rents and profits, or divi dends, interest or other proceeds received by such person, or by \r\nany other person by his order or for his use in case he has been in possession of the property \r\nover which the mortgage extends, or any part thereof, and the Court, if satisfied that there \r\nought to be a sale, shall direct notice to be given in such newspapers as the Court thinks fit, when \r\nand where, and by whom and in what way, the said premises or property, or the interest therein so \r\nmortgaged, are to  be sold, and that such sale be made accordingly, and that the Official assignee \r\n(unless it is otherwise ordered) shall have the conduct of such sale; but it shall not be imperative on \r\nany such mortgagee to make such application. At any such sale the mortgagee may bid and purchase. \r\n \r\n 19. Conveyance. All proper parties shall join in the conveyance to the purchaser, as the Court \r\ndirects. \r\n \r\n 20. Proceeds of sale. The monies to arise from such sale shall be applied, in the first place, in \r\npayment of the costs, charges and expenses of and occasioned by the application to the Court, and of \r\nsuch sale and the commission (if any) of the official assignee, and in the next place in payment and \r\nsatisfaction, so far as the same extend, of what shall be found due to such m ortgagee, for principal, \r\ninterest and costs, and the surplus of the sale monies (if any) shall then be paid to the official \r\nassignee. But if the monies to arise from such sale are insufficient to pay and satisfy what is so found \r\ndue to such mortgagee, then  he shall be entitled to prove as a creditor for such deficiency, and \r\nreceive dividends thereon rateably with the other creditors but so as not to disturb any dividend then \r\nalready declared. \r\n \r\n 21. Proceedings on inquiry. For the better taking of such inquiries and accounts, and making \r\na title to the purchaser, all parties may be examined by the Court upon interrogatories or otherwise as \r\nthe Court thinks fit, and shall produce before the Court upon oath all deeds, papers, books and \r\nwritings in their respect ive custody or power relating to the  estate or effects of the insolvent as the \r\nCourt directs. \r\n \r\n \r\n \r\nPage 50 of 50 \r\n \r\nPeriodical payments \r\n \r\n 22. Periodical payments. When any rent or other payment falls due at stated periods, and the \r\norder of adjudication is made at any time othe r than one of those periods, the person entitled to the \r\nrent or payment may prove for a proportionate part thereof up to the date of the order as if the rent or \r\npayment grew due from day to day. \r\n \r\nInterest \r\n \r\n 23. Interest.— (1) On any debt or sum certain whereon interest is not reserved or agreed for, \r\nand which is overdue when the debtor is  adjudged an insolvent, and which is provable under this \r\nAct, the creditor may prove for interest at a rate not exceeding six per centum per annum– \r\n \r\n(a)  if the debt or sum is payable by virtue of a written instrument at a certain time, \r\nfrom the time when such debt or sum was payable to the date of such \r\nadjudication ; or \r\n \r\n(b)  if the debt or sum is payable otherwise, from the time when a demand in \r\nwriting has been made gi ving the debtor notice that interest will be claimed \r\nfrom the date of the demand until the time of payment to the date of such \r\nadjudication. \r\n \r\n (2) Where a debt which has been proved in insolvency includes interest or any pecuniary \r\nconsideration in lieu of interest, the interest or consideration shall, for  the purposes of dividend, be \r\ncalculated at a rate not exceeding six per centum per annum, without prejudice to the right of  a \r\ncreditor to receive out of  the debtor’s estate any higher rate of interest to w hich he may be entitled \r\nafter all the debts proved have been paid in full. \r\n \r\nDebt payable at a future times \r\n \r\n 24. Debt payable in future.  A creditor may prove for a debt not payable when the debtor is \r\nadjudged an insolvent as if it were payable presently, a nd may receive dividends equally with the \r\nother creditors, deducting therefrom only a rebate of  interest at the rate of six per centum per annum, \r\ncomputed from the declaration of a dividend to the time when the debt would have become payable, \r\naccording to the terms on which it was contracted. \r\n \r\nAdmission or rejection of proofs \r\n \r\n 25. Admission or rejection of proof. The official assignee shall examine every proof and the \r\ngrounds of the debt, and in writing admit or reject it in whole or in part, or require further evidence in \r\nsupport of it. If he rejects a proof, he shall state in writing to the creditor the grounds of the rejection. \r\n \r\n 26. Court may exp unge proof improperly received.  If the official assignee thinks that a \r\nproof has been improperly admitted the  Court may, on the application of the official assignee, after \r\nnotice to the creditor who made the proof, expunge the proof or reduce its amount. \r\n \r\n 27. Power for Court to expunge or reduce proof.  The Court may also expunge or reduce a \r\nproof upon the applic ation of a creditor if the official assignee declines to interfere in the matter, or \r\nin the case of a composition or scheme upon the application of the insolvent. \r\n \r\nTHE THIRD SCHEDULE.—[Enactments Repealed.] Rep. by the Repealing and Amending Act, \r\n1914 (X of 1914), s. 3 and Second Schedule. \r\n \r\nDate: 11-09-2024",
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