Section 8: Provisions of this Schedule to prevail where conflict with the Code Civil

8. Provisions of this Schedule to prevail where conflict with the Code Civil Mauricien Where there is any conflict between the provisions of this Schedule and the Code Civil Mauricien, provisions of this Schedule shall prevail. [Fourth Sch. amended by s. 28 (e) of Act 9 of 2015 w.e.f. 14 May 2015.] FIFTH SCHEDULE [Section 54] OFFICIAL RECEIVER’S GENERAL POWERS IN RELATION TO BANKRUPTCIES The Official Receiver has the power to— (a) hold property; (b) commence, continue, discontinue and defend legal proceedings; (c) with the leave of the Court, continue in the Official Receiver’s name legal proceedings begun by the bankrupt before adjudication; (d) refer a dispute to arbitration; (e) compromise debts, claims and liabilities, present or future, actual or contingent, or ascertained or not, subsisting or believed to subsist between the bankrupt and any person, on whatever terms are agreed; (f) make a compromise or an arrangement with creditors, or persons claiming to be creditors, in respect of debts provable in the bankruptcy; (g) accept as consideration for the sale of any of the bankrupt’s property money to be paid in the future, on terms (including terms as to security) that the Official Receiver may determine; (h) make a compromise or an arrangement in respect of a claim that arises out of, or is incidental to, the bankrupt’s property, whether it is a claim by the Official Receiver or a claim by a person against the Official Receiver; I14 – 239 [Issue 7] Insolvency Act (i) carry on the bankrupt’s business, if it is necessary or advantageous in order to dispose of it, and for that purpose may employ and pay any person, including the bankrupt; (j) use money in the bankrupt’s estate for the repair, maintenance, upkeep or renovation of the bankrupt’s property, whether or not the work is necessary to salvage the property; (k) borrow money whether with or without providing security over the bankrupt’s property; (l) employ any person to do anything that must be done in the course of the administration of the bankruptcy, including the receipt and payment of money; (m) appoint a lawyer; (n) prove and draw a dividend in respect of any debt due to the bankrupt; (o) if any of the bankrupt’s property cannot be readily or advantageously sold because of its peculiar nature or other special circumstances, divide it in its existing form among the creditors according to its estimated value; (p) give receipts and sign discharges and releases for any money that the Official Receiver receives, so that the person who pays the money is effectively discharged from any responsibility for how the money is used; (q) execute a power of attorney, deed or any other document for the purpose of carrying into effect the provisions of this Act; (r) exercise in relation to the bankrupt’s property any power conferred on a trustee under the Trusts Act or by the Court under that Act, and for the purposes of those powers the Official Receiver is a trustee of the bankrupt’s property; (s) exercise any authority or power or do any act in relation to the bankrupt’s property that the bankrupt could have exercised or done if he was not bankrupt; (t) in respect of any particular estate or estates— (i) appoint an agent to act for the Official Receiver; (ii) delegate to that agent any or all of the powers conferred by this Schedule; (iii) revoke the agent’s appointment; (iv) set the agent’s remuneration, which must be paid out of the estate. SIXTH SCHEDULE [Sections 118 and 148] POWE s) exercise any authority or power or do any act in relation to the bankrupt’s property that the bankrupt could have exercised or done if he was not bankrupt; (t) in respect of any particular estate or estates— (i) appoint an agent to act for the Official Receiver; (ii) delegate to that agent any or all of the powers conferred by this Schedule; (iii) revoke the agent’s appointment; (iv) set the agent’s remuneration, which must be paid out of the estate. SIXTH SCHEDULE [Sections 118 and 148] POWERS OF LIQUIDATORS The liquidator of a company has power to do all or any of the following— (a) commence, continue, discontinue and defend legal proceedings; [Issue 7] I14 – 240 Revised Laws of Mauritius (b) carry on the business of the company to the extent necessary for the liquidation; (c) appoint a lawyer; (d) with the leave of the Committee of Inspection or the Court, pay any class of creditors in full; (e) subject to section 152, make a compromise or an arrangement with creditors or persons claiming to be creditors or who have or allege the existence of a claim against the company, whether present or future, actual or contingent, or ascertained or not; (f) compromise calls and liabilities for calls, debts and liabilities capable of resulting in debts and claims, present or future, actual or contingent, or ascertained or not, subsisting or supposed to subsist between the company and any person and all questions relating to or affecting the assets or the liquidation of the company, on such terms as may be agreed, and take security for the discharge of any such call, debt, liability or claim and give a complete discharge; (g) sell or otherwise dispose of the property of the company with the approval of the Committee of Inspection; (h) act in the name and on behalf of the company and enter into deeds, contracts and arrangements in the name and on behalf of the company; (i) prove, rank and claim in the bankruptcy or insolvency of a shareholder for any balance against that person’s estate, and receive dividends in the bankruptcy or insolvency, as a separate debt due from the bankrupt or insolvent, and rateably with the other separate creditors; (j) draw, accept, make and endorse a bill of exchange or promissory note in the name and on behalf of the company with the same effect as if the bill or note had been drawn, accepted, made or endorsed by or on behalf of the company in the course of its business; (k) borrow money whether with or without providing security over the company’s assets; (l) take action in his name as liquidator for transfer to the heir or executor of a deceased shareholder of any shares in the names of the deceased and to do in that name any other act necessary for obtaining payment of money due from a shareholder or his estate which cannot be conveniently done in the name of the company, and in all such cases the money due shall be deemed to be due to the liquidator; (m) call a meeting of creditors or shareholders for— (i) the purpose of informing creditors or shareholders of progress in the liquidation; (ii) the purpose of ascertaining the views of creditors or shareholders on any matter arising in the liquidation; (iii) such other purpose connected with the liquidation as the liquidator thinks fit; (n) appoint an agent to do anything which the liquidator is unable to do. I14 – 241 [Issue 3] Insolvency Act SEVENTH SCHEDULE [Sections 123 and 144] PROCEEDINGS AT MEETINGS OF COMMITTEE OF INSPECTION informing creditors or shareholders of progress in the liquidation; (ii) the purpose of ascertaining the views of creditors or shareholders on any matter arising in the liquidation; (iii) such other purpose connected with the liquidation as the liquidator thinks fit; (n) appoint an agent to do anything which the liquidator is unable to do. I14 – 241 [Issue 3] Insolvency Act SEVENTH SCHEDULE [Sections 123 and 144] PROCEEDINGS AT MEETINGS OF COMMITTEE OF INSPECTION