Section 382: Other offences
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
382. Other offences
(1) Any bankrupt who—
(a) without reasonable excuse contravenes section 25 (1), 40, 41,
42, 43, 62 or 66 (3);
(b) refuses or neglects to answer fully and truthfully all proper questions put to him at any examination held under this Act;
(c) wilfully misleads the Official Receiver in any statement made to
him in the course of the administration of his affairs, whether
orally or in writing or in any answer to any question put to him;
(d) after becoming aware that any person has filed a false proof in
the bankruptcy, fails to disclose that fact immediately to the Official Receiver;
(e) has within 2 years before his adjudication, at a time when he
was unable to pay his debts as they became due, given, with intent to defraud his creditors, any voidable preference to any of
his creditors;
(f) while a bankrupt, within 3 years after his adjudication and without having first obtained the consent of the Official Receiver,
departs from Mauritius;
(g) before he obtains a final order of discharge, or before a suspended order of discharge takes effect—
(i) alone, or jointly with another person, obtains credit of
10,000 rupees or such amount as may be prescribed, or
more; or
(ii) incurs liability to any person of 10,000 rupees or such
amount as may be prescribed, or more, for the purpose of
obtaining credit for another person; or
(h) acts as a director of a company,
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Revised Laws of Mauritius
shall commit an offence and shall, on conviction, be liable to imprisonment
for a term not exceeding 12 months and to a fine not exceeding 100,000
rupees.
(2) An information for an offence in subsection (1) may be laid against a
bankrupt at any time within 2 years after the time when the matter of the
information arose.
(3) It shall be a defence for—
(a) a person charged with an offence under subsection (1) (g) (i) if
he proves that, before obtaining the credit, he informed the person giving the credit that he was an undischarged bankrupt;
(b) a person charged with an offence under subsection (1) (g) (ii) if
he proves that, before incurring the liability, the person giving
the credit was informed that the person incurring the liability
was an undischarged bankrupt.
Sub-Part II – Offences relating to Winding Up