Commonwealth Numbered Acts

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BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 28

Court may direct the Official Trustee to take control of property before sequestration
28. (1) Section 50 of the Principal Act is amended-

(a) by omitting "an Official Receiver" and substituting "the Official
Trustee"; and

   (b)  by adding at the end thereof the following sub-sections:



"(2) Without limiting the generality of sub-section (1), the Court may, at any
time after giving a direction under sub-section (1), summon-

   (a)  the debtor or the spouse of the debtor; or

   (b)  any person who is known or suspected to have in his possession any of
        the property of the debtor, or is supposed to be indebted to the
        debtor or to be able to give information concerning the debtor or his
        trade dealings, property or affairs, to attend, on a date and at a
        time and place fixed in the summons, before the Court or the Registrar
        or, if the Court thinks fit, before a magistrate, to give evidence
        concerning, and produce any books in his custody or power relating to,
        the debtor or his trade dealings, property or affairs, and, where the
        Court issues such a summons, the provisions of section 81 apply,
        subject to such modifications and adaptations (if any) as are
        prescribed by the rules, for the purpose of such an examination of the
        person so summoned under this section as if the debtor were a bankrupt
        and the examination were an examination under section 81.



"(3) In this section, 'modification' includes the addition or omission of a
provision or the substitution of a provision for another provision.".

(2) The amendment of section 50 of the Principal Act made by paragraph (1) (a)
of this section does not affect any direction or order in force under that
section of the Principal Act immediately before the commencement of this
section. 


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