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Administration of estates of deceased insolvent
263. An application under section 148 of the Act shall be made by originating summons in Form 39 and shall be supported by an affidavit in Form 40.
—(1) The applicant shall file 2 copies of the application and supporting affidavit in court, inclusive of the copy to be served on the Official Assignee, together with the deposit payable to the Official Assignee of such sums as are prescribed by the Bankruptcy (Fees) Rules (R 3).
(2) Upon the filing of 2 copies of the application and affidavit under paragraph (1), the application and affidavit shall be deemed to have been served on the Official Assignee.
(3) Where an application under section 148 of the Act has been filed, the Official Assignee may, from time to time, require the applicant to deposit with the Official Assignee such further sums as may be required by the Official Assignee, whether before or after the making of the administration order, to cover the fees and expenses incurred by the Official Assignee in connection with the application.
265. The application and affidavit shall be served —
unless the court otherwise directs, on each executor who has proved the will of the deceased debtor or, as the case may be, on each person who has taken out letters of administration of the estate of the deceased debtor; and
on such other person, if any, as the court may direct.
266. The provisions of the Act and these Rules regarding the proof of service and the hearing of a creditor’s bankruptcy application shall apply to an application under section 148 of the Act as they apply to an ordinary creditor’s bankruptcy application.
267. Rule 130 shall apply, with the necessary modifications, to an administration order as it applies to a bankruptcy order.
—(1) When an administration order has been made, the legal personal representative of the debtor shall immediately —
lodge with the Official Assignee an account in duplicate of his dealings with and administration of the deceased’s estate; and
furnish in duplicate a list of the creditors, a statement of the assets and liabilities and such other particulars of the affairs of the deceased as may be required by the Official Assignee.
(2) Every account, list or statement to be made under this rule shall as far as practicable be made and verified in accordance with the practice for the time being of the High Court in suits for the administration of the estates of deceased persons.
(3) The expense of preparing, making, verifying, and lodging any account, list or statement under this rule shall be taxed and allowed out of the estate upon production of the necessary allocatur.
269. Where an administration order has been made and it appears to the court on the report of the Official Assignee that no legal personal representative exists, the account, list and statement referred to in rule 268 shall be made, verified and lodged by such person as, in the opinion of the court on such report, has taken upon himself the administration of, or otherwise intermeddled with, the property of the deceased or any part thereof.
Persons of unsound mind
—(1) Where it appears to the court that any debtor, creditor or other person who may be affected by any proceedings under the Act or these Rules is a person of unsound mind not so found by inquisition (referred to in this rule as the person of unsound mind), the court may appoint such person as it thinks fit to appear for, represent or act for and in the name of the person of unsound mind, either generally, or for the purpose of any particular application or proceeding or in the exercise of any particular rights and powers which the person of unsound mind might have exercised if he had been of sound mind.
(2) The court may make the appointment —
of its own motion; or
upon application made by any person who has been duly appointed by any court to manage the affairs or property of, or to represent the person of unsound mind, or by any relative or friend of the person of unsound mind who appears to the court to be a proper person to make the application or by the Official Assignee or the trustee, as the case may be.
(3) The application may be made ex parte and without notice, but the court may —
require such notice of the application as it thinks necessary to be given to —
the Official Assignee or the trustee;
the person alleged to be a person of unsound mind;
the creditor who has made a bankruptcy application which affects the person of unsound mind; or
any other person; and
adjourn the hearing of the application to enable the notice to be given.
(4) The application shall be supported by an affidavit of a registered medical practitioner as to the medical condition of the person of unsound mind except that an application made by the Official Assignee may be supported by a report made by him.
(5) Any notice served on or given to a person appointed under this rule shall have the same effect as if the notice had been served on or given to the person of unsound mind.
—(1) Where a bankrupt intends to apply for leave to act as director or take part in the management of a company under section 148 of the Companies Act (Cap. 50), he shall serve upon the Official Assignee a copy each of the application and the affidavit in support thereof not less than 28 days before the date of the hearing.
(2) The Official Assignee shall make a report to the court not less than 7 days before the day fixed for the hearing.
—(1) All notices requiring publication in the Gazette shall be so published at the expense of the estate.
(2) An order or notice which has been amended or altered after publication in the Gazette, or which has been wrongly or inaccurately published, shall be re-published in the Gazette with the appropriate amendments at the expense of the estate or otherwise, as the court may direct.
273. The Registrar shall keep —
a register of voluntary arrangements;
a register of bankruptcy applications;
a register of bankruptcy orders;
a register of administration orders;
a register of certificates of discharge, annulment orders and orders of discharge; and
a register of all bills of costs taxed by him under the Act or these Rules,
in such form, medium or mode as he thinks fit and shall make entries in the registers as soon as is practicable after the step in the proceeding to which they relate.
—(1) The registers kept by the Registrar shall, on payment of the appropriate fee specified in the Bankruptcy (Fees) Rules (R 3), be open to the public for inspection, except that the Registrar may refuse to allow a person to search any of the registers if he is not satisfied as to the propriety of the object for which the search is required.
[S 298/2010 wef 01/07/2010]
(2) If the Registrar refuses to allow a search, the applicant may apply ex parte to a Judge in chambers who may allow or refuse the search on such terms, if any, as he thinks fit.
(3) The decision of the Judge shall be final.
Accounts and audit
—(1) The Accountant-General may, on the application of the Official Assignee, make to him advances out of the Bankruptcy Estates Account to meet current expenses.
(2) The Official Assignee shall pay all moneys advanced to him under this rule to an account at some bank approved by the Minister.
(3) The account shall be kept in the name of the Official Assignee and entitled the “General Purposes Account” from which the Official Assignee shall make all payments necessary to be made on account of the various estates under his control, debiting each estate with the amount paid on its account.
276. When property forming part of a bankrupt’s estate is sold by the Official Assignee or the trustee, as the case may be, through an auctioneer or other agent, the gross proceeds of the sale shall be paid over by the auctioneer or agent, and the charges and expenses connected with the sale shall afterwards be paid to the auctioneer or agent on production of the necessary allocatur.
277. The court may, on the application of the Official Assignee or the trustee, as the case may be, direct that the bankrupt’s books of account and other documents given up by him be destroyed or otherwise dealt with in such manner as the court thinks fit.
278. Non-compliance with any of these Rules or with any rule of practice shall not render any proceeding void unless the court so directs, but such proceeding may be set aside wholly or in part, amended or otherwise dealt with in such manner and upon such terms as the court thinks fit.