On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 01/03/2012.
PART II
CONSTITUTION, PROCEDURE AND POWERS OF COURT
Jurisdiction
3. Subject to any other written law, the High Court shall be the court having jurisdiction in bankruptcy under this Act.
4. Subject to this Act and the rules, any judge of the court exercising jurisdiction in bankruptcy may exercise the whole or any part of his jurisdiction in chambers.
5. Subject to the rules, the Registrar shall have all the powers and jurisdiction of the court, and any order made or act done by him in the exercise of those powers and jurisdiction shall, subject to an appeal to a judge in chambers, be deemed to be the order or act of the court.
6.
—(1) Subject to this Act, the court, under its jurisdiction in bankruptcy, shall have full power to decide all questions of priorities and all other questions whatsoever, whether of law or fact, which may arise in any case of bankruptcy coming within the cognizance of the court, or which the court considers it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.
(1A) The court may adjourn any case of bankruptcy coming within the cognizance of the court, or make such order or give such direction as it thinks fit for the just, expeditious and economical disposal of any such case, without requiring the parties to appear in person, by giving written notice of such adjournment, order or direction to all parties concerned.
[Act 2 of 2012 wef 01/03/2012]
(2) Where default is made by a debtor or bankrupt or any other person in obeying any order or direction given by the court or the Official Assignee or any other officer of the court under this Act, the court may, on the application of the Official Assignee or any other duly authorised person, or of its own motion, order such defaulting debtor, bankrupt or person to comply with the order or direction so given, and may also, if it thinks fit, make an immediate order for the committal of such defaulting debtor, bankrupt or other person.
(3) The power given by subsection (2) shall be deemed to be in addition to and not in substitution for any other right or remedy in respect of such default.
7. The court may review, rescind or vary any order made by it under its bankruptcy jurisdiction.
8.
—(1) Orders in bankruptcy matters shall, at the instance of any person aggrieved, be subject to appeal in the same way as orders of the High Court in other matters are for the time being appealable.
(2) For the purposes of this section, the Official Assignee shall be deemed to be aggrieved by the refusal of any application made by him to the court.
9.
—(1) Where the court is satisfied —
(a)
on an application of the Official Assignee; or
(b)
that there are reasonable grounds for believing,
that any person against whom a bankruptcy application has been made or a bankruptcy order made —
(i)
has absconded, or is about to abscond, with a view to avoiding or delaying the payment of any of his debts or his appearance to a bankruptcy application or to avoiding, delaying or disrupting any proceedings in bankruptcy against him or any examination of his affairs;
(ii)
is about to remove his goods with a view to preventing or delaying possession being taken of them by the Official Assignee;
(iii)
has concealed or destroyed, or is about to conceal or destroy, any of his goods or any books, papers or records which might be of use to his creditors in the course of his bankruptcy or in connection with the administration of his estate;
(iv)
has, without the leave of the Official Assignee, removed any goods in his possession which exceed $200 in value; or
(v)
has failed, without reasonable excuse, to attend any examination ordered by the court,
the court may cause a warrant to be issued to a police officer for his arrest or for the seizure of any books, papers, records, money or goods in his possession, and upon his arrest, may authorise him to be kept in custody, and anything seized under such a warrant to be held, in accordance with the rules, until such time as the court may order.
[42/2005]
(2) Where a person has been arrested under this section, the court may order his release, either with or without security to the satisfaction of the court that he will abide by such conditions as the court may think fit to impose.
(3) The proceeds of the realisation of any security given on breach by such person of any of the conditions of the security shall be deemed to be his property and shall vest in the Official Assignee where such person is an undischarged bankrupt or, where he is not such, in the event of his bankruptcy.
10. A District Court or a Magistrate’s Court shall have jurisdiction to hear and determine all offences under this Act or the rules and, notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), shall have power to impose the full penalty or punishment in respect of any offence under this Act or the rules.
Procedure
11.
—(1) In any matter of practice or procedure for which no specific provision has been made by this Act or the rules, the procedure and practice for the time being in use or in force in the Supreme Court shall, as nearly as may be, be followed and adopted.
(2) Where in respect of any matter of practice or procedure it is not possible to apply subsection (1), the court may make such orders and give such directions as are likely to secure substantial justice between the parties.
12. The court may at any time adjourn any proceedings before it upon such terms, if any, as it may think fit.
13. The court may at any time amend any written process or proceedings upon such terms, if any, as it may think fit.
14. Where by this Act or the rules the time for doing any act or thing is limited, the court may extend the time, either before or after the expiration thereof, upon such terms, if any, as it may think fit.
15. Subject to the rules, the court may in any matter take the whole or any part of any evidence either orally or by interrogatories or upon affidavit or by commission abroad.
[42/2005]