Section 415: Transitional provisions

415. Transitional provisions (1) Notwithstanding the repeal of the enactments and provisions specified in section 413, any fee, charge or sum paid or unpaid under the repealed enactments or provisions on 1 June 2009 shall, in respect of the corresponding period, be deemed to have been paid or unpaid under this Act. (2) (a) Subject to subsection (4), any person appointed under any enactment repealed by section 413 and holding office on 1 June 2009 shall remain in office as if he had been appointed under this Act. (b) Any act made, executed, issued or passed under any enactment repealed by section 413 and in force and operative on 1 June 2009 shall so far as it could have been made, executed, issued or passed, under this Act have effect as if made, executed, issued or passed, under this Act. (c) All proceedings, judicial or otherwise, commenced before and pending immediately before 1 June 2009 under the Bankruptcy Act 1888, the Insolvency Act 1982, the Companies Act 1984 and the Companies Act 2001 shall be deemed to have commenced and may be continued under those Acts. (ca) Notwithstanding paragraph (c), a debtor who is adjudicated bankrupt before 1 June 2009 shall be discharged from bankruptcy in accordance with sections 57 to 66. [Issue 6] I14 – 222 Revised Laws of Mauritius (d) A person may continue to act as liquidator or receiver or manager of the property of a company if his appointment was validly made before the commencement of this Act. (3) (a) If an insolvency proceeding has started before 1 June 2009, the law governing that insolvency proceeding is the law that would have applied if the Part had not been passed. (b) For the purpose of subsection (3) (a), an insolvency proceeding is taken to have started on the date on which the judicial manager, Official Receiver, statutory manager, receiver, liquidator or administrator was appointed. (4) Notwithstanding section 371, the Official Receiver and his staff presently in office in the Supreme Court shall continue to be in the service of the Judicial Department, but may be assigned such additional duties by the Insolvency Service as appropriate and devolving on them by virtue of this Act, subject to such terms and conditions as may be approved. (5) Any register, fund and account kept under any enactment repealed by this Act shall be deemed to be part of the register, fund and account kept under the corresponding provisions of this Act. (6) Any reference to the Companies Act 1984 in the Companies Act 2001 shall be read as a reference to the corresponding sections in the Insolvency Act. (7) The Minister may, by regulations, provide for any matter in force before 1 June 2009 to be dealt with in such manner as may be required to bring it into conformity with this Act. (8) Where this Act does not make provision for the necessary transition from the repealed enactments to this Act, the Minister may make necessary regulations for such transition. [S. 415 amended by s. 24 (d) of Act 27 of 2013 w.e.f. 21 December 2013.] 416. — continued on page I14 – 223 I14 – 222 (1) [Issue 6] Revised Laws of Mauritius FIRST SCHEDULE [Sections 26, 108, 142, 167 and 232] PROCEEDINGS AT MEETINGS OF CREDITORS