Bankruptcy Act

consolidated text (as at 2000). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

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Sections

1 Short title
2 Interpretation
PART I: PROCEEDINGS FROM ACT OF BANKRUPTCY TO DISCHARGE
4 Meaning of “debtor”
5 Act of bankruptcy
6 Jurisdiction to make receiving order
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9 Hearing of creditor’s petition
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11 Debtor’s petition
12 Effect of receiving order
13 Interim receiver
14 Power to appoint special manager
15 Advertisement of receiving order
16 Meeting to consider proposal
17 Debtor’s statement of affairs
18 Public examination of debtor
19 Approval of composition or arrangement
20 Effect of composition or scheme
21 Where composition not accepted or approved
22 Appointment of trustee
23 Committee of inspection
24 Composition or scheme after adjudication
25 Discovery and realisation of property
26 Arrest of debtor
27 Redirection of debtor’s letters
28 Discovery of debtor’s property
29 Application for order of discharge
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32 Duties of discharged bankrupt
33 Effect of order of discharge
PART II: DISQUALIFICATIONS OF BANKRUPT
34 Disqualifications of undischarged bankrupt
35 Office vacated by bankruptcy of holder
PART III: ADMINISTRATION OF PROPERTY
36 Description of debts
37 Mutual credit and set-off
38 Payment of debts
39 Rights of resumption and resolution
40 Preferential debts
41 Order of priority in respect of costs
42 Claim of the landlord
43 Landlord’s privilege
44 Privilege of clerks, servants and workmen
45 Joint and separate debts
46 Relation back of trustee’s title
47 Description of bankrupt’s property
48 Property not divisible among creditors
49 Rights under execution or attachment
50 Duties of usher as to goods seized
51 Avoidance of certain settlements
52 Avoidance of preference in certain cases
53 Bona fide transactions without notice
54 Separation of property on demand
55 Property of bankrupt’s spouse
59 Vesting and transfer of property
60 Possession of property by trustee
61 Seizure of property of bankrupt
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64 Effect of disclaimer
65 Right in disclaimed property
66 Release from liability on disclaimer
67 Claim of person injured by disclaimer
68 Limitation of time for disclaimer
69 Powers of trustee alone
70 Powers of trustee with approval
71 Powers of Official Receiver as trustee
72 Declaration of dividends
73 Rights of personal creditors of partners
74 Mortgage creditors
75 Creditors residing in distant places
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77 Final dividend
78 Bankrupt entitled to surplus
79 No action for dividend
PART IV: OFFICIAL RECEIVER
80 Books and accounts kept by Official Receiver
81 Status of Official Receiver
82 Duties as regards debtor’s conduct
83 Duties as regards debtor’s estate
PART V: TRUSTEES IN BANKRUPTCY
84 Remuneration of trustee
85 Allowance and taxation of costs
86 Separate account for trust money
87 Accounts of trustee
88 Returns of accounts to Official Receiver
89 Duties of Official Receiver
90 Release of trustee
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92 Effect of release of trustee
93 Official name of trustee
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95 Trustee becoming bankrupt
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97 Vacancy in office of trustee
98 Discretionary powers of trustee
99 Appeal to Court
100 Control of conduct of trustee
101 Limitation of voting powers of trustee
PART VI: CONSTITUTION, PROCEDURE AND POWERS OF COURT
102 Seal of Court
103 Jurisdiction of Bankruptcy Court
104 Power to review or vary order and appeal
105 Causes begun by Judge or Master
106 Discretionary powers of Court
107 Consolidation of petitions
108 Power to substitute petitioner
109 Proceedings on death of debtor
110 Power to stay proceedings
111 Power to present petition against one partner
112 Actions by trustee and bankrupt’s partners
113 Proceedings in partnership name
114 Formal defect not to invalidate proceedings
115 Erasure of inscription
116 Summary administration in small cases
PART VII: MISCELLANEOUS
117 Duties and liabilities of agent
118 Costs and fees of Official Receiver
119 Duty on petition
120 Stamp duty and registration dues
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122 Evidence from creditors’ meetings
123 Evidence of proceedings in bankruptcy
124 Swearing of affidavits
125 Deposition as evidence
126 Unclaimed and undistributed money
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128 Acts mentioning commission of bankruptcy
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130 Effect of order annulling adjudication
131 False evidence by debtor or other person
132 Punishment of fraudulent debtors
133 Debtor’s fraudulent acts
134 Punishment of agents of debtors
135 Agent’s fraudulent acts
136 Liability of agent residing in Mauritius
137 Books of traders
138 Requirements as to keeping books
139 Trading by undischarged bankrupt
140 Bankrupt’s gambling and speculations
141 Creditor’s fraudulent acts
142 Liability after discharge or composition
143 Prosecution
144 Form of information and sentences
145 Provisional seizure of goods of trader
146 Powers of Superintendent of Police
FIRST SCHEDULE
1 All allum makers, apothecaries, auctioneers, bankers, bleachers, brokers,
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SECOND SCHEDULE
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13 In default of the required quorum, or in case any necessity for so doing
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THIRD SCHEDULE
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10 Where a secured creditor surrenders his security to the Official Receiver or
11 Where a secured creditor does not either realise or surrender his security,
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15 Where a creditor after having valued his security subsequently realises it, or
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18 Where a debtor was, at the date of the receiving order, liable in respect of
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20 On any debt or sum certain, payable at a certain time or otherwise,
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