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Contents  

Part I PRELIMINARY

Part II COURT PROCEDURE

Court and chambers

Proceedings

Applications and practice

Affidavits

Security in court

Witnesses and depositions

Warrants, arrests and commitments

Service and execution of process

Appeals

Part III OFFICIAL ASSIGNEE

Report of Official Assignee

Part IV TRUSTEE IN BANKRUPTCY

Part V VOLUNTARY ARRANGEMENTS

Proposal for voluntary arrangement

Interim order

Preparation of nominee’s report

Action on proposal

Procedure for review of meeting’s decision

Completion of arrangement

Part VI PROCEEDINGS IN BANKRUPTCY

Statutory demand

Creditor’s bankruptcy application

Service of creditor’s bankruptcy application

Hearing of creditor’s bankruptcy application

Actions to follow upon making of bankruptcy order on creditor’s bankruptcy application

Debtor’s bankruptcy application

Actions to follow upon making of bankruptcy order on debtor’s bankruptcy application

Interim receiver

Part VII BANKRUPTCY ADMINISTRATION

Creditors’ meeting

Statements of affairs

Examination of bankrupt and others

Settlement of list of debtors to estate

Procedure for proving debts

Quantification of claim

Secured creditors

Taking accounts of property mortgaged and sale thereof

Admission and rejection of proofs

Approval of composition or scheme

Appropriation of pay, salary, pensions, etc.

Disclaimer of lease

Disputed title to property

Special manager

Security by special manager

Distribution of dividends

Part VIII ANNULMENT AND DISCHARGE

Part IX COSTS AND TAXATION

Part IXA ELECTRONIC FILING SYSTEM

Part X MISCELLANEOUS PROVISIONS

Administration of estates of deceased insolvent

Persons of unsound mind

Registers

Accounts and audit

THE SCHEDULE

Legislative History

 
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On 25/11/2017, you requested the version as published on or before 25/11/2017.
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Warrants, arrests and commitments
Address of warrants
29.  A warrant of seizure, a search warrant or any other warrant issued under the provisions of the Act shall be addressed to such officer of the High Court, or to the Commissioner of Police, as the court may direct.
Warrant under section 9 of Act
30.  When a person is arrested under a warrant issued by the court under section 9 of the Act, the officer arresting him shall —
(a)
give him into the custody of the Director of Prisons, who shall keep him in custody until such time as the court otherwise orders and shall produce him before the court as the court may, from time to time, direct; and
(b)
lodge with the Official Assignee any books, papers, records, moneys or goods in the arrested person’s possession which have been seized.
Warrant under section 83 (13) of Act
31.
—(1)  When a person is arrested under a warrant issued under section 83(13) of the Act, the officer arresting him shall immediately bring him before the court issuing the warrant in order that he may be examined, and if he cannot immediately be brought up for examination, the officer shall deliver him into the custody of the Director of Prisons, who shall receive him and keep him in custody and shall produce him before the court as the court may, from time to time, direct.
(2)  After arresting the person named in the warrant, the officer shall immediately report to the court the arrest or delivery into custody, as the case may be, and apply to the court to appoint a time for the examination of that person and thereupon the court shall —
(a)
appoint the earliest practicable day for the examination; and
(b)
direct the Director of Prisons to produce that person for examination at the place and time appointed.
(3)  Notice of the place and time appointed shall immediately be given by the Registrar to the officer who applied for the examination or warrant.
(4)  Any property in the arrested person’s possession which may be seized shall be —
(a)
lodged with, or otherwise dealt with as directed by, whoever is specified in the warrant as authorised to receive it; or
(b)
kept by the officer seizing it pending the receipt of written orders from the court as to its disposal,
as may be directed by the court.
Warrant under section 108 (3) of Act
32.
—(1)  A warrant issued under section 108(3) of the Act shall authorise any officer executing it to seize any property, books, papers or records of the bankrupt found as a result of the execution of the warrant.
(2)  Any property seized under the warrant shall be —
(a)
lodged with, or otherwise dealt with as directed by, whoever is specified in the warrant as authorised to receive it; or
(b)
kept by the officer seizing it pending the receipt of written orders from the court as to its disposal,
as may be directed by the warrant.
Application to commit
33.  Subject to rule 47(1), an application to the court to commit any person for contempt of court shall be supported by affidavit.
Notice and hearing of application
34.
—(1)  Upon the filing of an application to commit, the Registrar shall fix a time and place for the hearing of the application and, subject to paragraph (2), notice thereof shall be personally served on the person sought to be committed not less than 3 days before the day fixed for the hearing.
(2)  The court may, if it thinks fit, allow substituted service or service at shorter notice of a notice under this rule.
Suspension of issue of committal order
35.  Where an order of committal is made against a debtor, bankrupt or any other person for disobeying an order of the court, or an order or direction of the Official Assignee or the trustee, the court may direct that the order of committal shall not be issued if the previous order is complied with within a specified time.