Section 134: Punishment of agents of debtors

134. Punishment of agents of debtors (1) The agent of any debtor by or against whom a bankruptcy petition has been presented shall, in each of the following cases, commit an offence B4 – 49 [Issue 1] Bankruptcy Act and shall, on conviction, be liable to imprisonment for a term not exceeding 2 years, with or without hard labour— (a) where he does not, to the best of his knowledge and belief, fully and truly discover to the Official Receiver or the trustee all the movable and immovable property of his principal and how, and to whom, and for what consideration and when the principal, or the agent on his behalf disposed of any part of it, except such part as has been disposed of in the ordinary way of trade or laid out in the ordinary expenses of the principal’s family, unless he proves that he had no intent to defraud; (b) where he does not deliver up to the Official Receiver or trustee, or as he directs, all such part of the movable property of his principal as is in his custody or under his control, and which he is required by law to deliver up on behalf of his principal, unless he proves that he had no intent to defraud; (c) where he does not deliver up to the Official Receiver or trustee, or as he directs, all books, documents, papers, and writings in his custody or under his control relating to the property of affairs of his principal, unless he proves that he had no intent to defraud; (d) where, after the presentation of a bankruptcy petition by or against his principal or within 12 months before the presentation, he conceals any part of the property of his principal to the value of 50 rupees or upwards, or conceals any debt, due to or from his principal; (e) where, after the presentation of a bankruptcy petition by or against his principal or within 12 months before the presentation, he fraudulently removes any part of the property of his principal to the value of 50 rupees or upwards; (f) where he makes any material omission in any statement relating to the affairs of his principal, unless he proves that he had no intent to defraud; (g) where, knowing or believing that a false debt has been proved by any person under the bankruptcy, he fails for the period of one month to inform the Official Receiver or trustee; (h) where, after the presentation of a bankruptcy petition by or against his principal, he prevents the production of any book, document, paper or writing affecting or relating to the property or affairs of his principal, unless he proves that he had no intent to conceal the state of the affairs of his principal, or to defeat the law; (i) where, after the presentation of a bankruptcy petition by or against his principal or within 12 months before the presentation, he conceals, destroys, mutilates or falsifies, or is privy to [Issue 1] B4 – 50 Revised Laws of Mauritius the concealment, destruction, mutilation or falsification of any book or document affecting or relating to the property or affairs of his principal; (j) where, after the presentation of a bankruptcy petition by or against his principal or within 12 months before the presentation, he makes or is privy to the making of any false entry in any book or document affecting or relating to the property or affairs of his principal; (k) where, after the presentation of a bankruptcy petition by or against his principal or within 12 months before the presentation, he fraudulently parts with, alters or makes any omission in, or is privy to the fraudulent parting with, alter e presentation of a bankruptcy petition by or against his principal or within 12 months before the presentation, he makes or is privy to the making of any false entry in any book or document affecting or relating to the property or affairs of his principal; (k) where, after the presentation of a bankruptcy petition by or against his principal or within 12 months before the presentation, he fraudulently parts with, alters or makes any omission in, or is privy to the fraudulent parting with, altering or making any omission in, any book or document affecting or relating to the property or affairs of his principal; (l) where, after the presentation of a bankruptcy petition by or against his principal or at any meeting of the creditors of his principal within 12 months before the presentation, he attempts to account for any part of the property of his principal by fictitious losses or by fictitious payments or expenses; (m) where, within 12 months before the presentation of a bankruptcy petition by or against his principal, he has obtained by any false representation or other fraud, any property on credit on behalf of his principal, and has not paid for the property; (n) where, within 12 months before the presentation of a bankruptcy petition by or against his principal, he obtains under the false pretence of carrying on the business of and dealing in the ordinary way of the trade of his principal, any property on credit on behalf of his principal and has not paid for the property; (o) where, within 12 months before the presentation of a bankruptcy petition by or against his principal, he pawns, pledges, or disposes of, otherwise than in the ordinary way of the trade of his principal, any property which he has obtained on credit on behalf of his principal and has not paid for the property; (p) where he is guilty of any false representation or other fraud for the purpose of obtaining the consent of the creditors of his principal or any of them to any agreement with reference to the affairs or the bankruptcy of his principal; (q) where, after the presentation of a bankruptcy petition by or against his principal or within 4 months before the presentation, he quits Mauritius and takes with him, or makes preparation for quitting Mauritius, and for taking with him any part of the property of his principal to the amount of 200 rupees or upwards, which ought by law to be divided among the creditors of his principal; B4 – 51 [Issue 1] Bankruptcy Act (r) where, within one month before the presentation of a bankruptcy petition by or against his principal, he has sold away or disposed of goods being part of his assets under the market price, and has thereby reduced his assets unless he proves that he had no intent to defraud. (2) Where an offence under subsection (1) (d), (i), (j), (n), (o), or (q) is committed after the presentation of the bankruptcy petition, it shall be for the agent to prove that he had no intent to defraud, or to conceal the state of the affairs of his principal, or to defeat the law, as the case may be; and in the case of any such offence committed within 4 months before the presentation of the petition, it shall be for the prosecution to prove that the agent had intention to defraud, or to conceal the state of the affairs of his principal, or to defeat the law, as the case may be. airs of his principal, or to defeat the law, as the case may be; and in the case of any such offence committed within 4 months before the presentation of the petition, it shall be for the prosecution to prove that the agent had intention to defraud, or to conceal the state of the affairs of his principal, or to defeat the law, as the case may be.