Section 53: Documents and other records

53. Documents and other records (1) The Official Receiver may, by notice in writing, require a bankrupt, the bankrupt’s spouse, or any other person to deliver to him any document relating to the dealings or property of the bankrupt in that person’s possession or under the person’s control. (2) Subject to subsection (3), no person may, as against the Official Receiver, withhold possession of, or claim a privilege or lien over— (a) a deed or instrument that belongs to the bankrupt; or (b) accounting records, accounts, receipts, bills, invoices, or other papers relating to the bankrupt’s accounts, trade dealings or business. (3) A person who is not the bankrupt’s spouse may claim as a preferential creditor under paragraph 1 (3) (a) (ii) of the Fourth Schedule where the person— (a) has performed services in connection with the bankrupt’s accounting records or a deed or instrument belonging to the bankrupt; and (b) has not been paid, or has not been paid in full, for those services; and (c) would, but for subsection (1), ordinarily have had a privilege or lien over the accounting records, deed or instrument, as the case may be. (4) The limit to which the person may claim as a preferential creditor under paragraph 1 (3) (a) (ii) of the Fourth Schedule is 10 per cent of the total value of the services stated in subsection (2), up to a maximum amount of 20,000 rupees. I14 – 37 [Issue 3] Insolvency Act Section D – Powers and duties of Official Receiver