Central Act Amendment, The Presidency Towns Insolvency Act, 1909

An Act to amend the Presidency-towns In-
solvency Act, 1909, in its application to
the presidency-town of .Madras.
WHEREASit is expedient to amend the Presidency-
towns Insolvency Act, 1909, in its application to the 1909.
Presidency-town of Madras, for the purposes herein-
after appearing ;3[It is hereby enacted as follows :-]

  1. (1) This Act may be called the Presidency-
    towns Insolvency (‘[Tamil Nadu] Amendment)
    Act, 1943.
    (2) This section shall come into force at once,
    and the rest of this Act shall come ir~toforce on such
    ‘date as the 5LState] Government may, by notification
    in the Fort St. George Qtrzette, appoint.
  2. Section 61 of the Presidency-towns insc\lvency
    Act 111
    Act, 1909 (hereinafter referred to ns the said Act), of 1909.
    shall be omitted.
  3. In sub-section (2) of section 68 of thc said Act,
    after the words “in such manner “, thc words “as is
    laid down in this,Act or ” shall be inserted.
    1 These words were substituted for the word “Madras ” by thc
    TamilNadu Adaptation of Laws Order,1969,asanlcnded by thcTun~il
    Nadu Adaptat ion of Laws (Second Amendment) Order, 1969.
    ForStatement of Objects and Reasons, see Fort St. George Gazette,
    dated the 7th July 1942, Part IV-A, pages47-48.
    These words were substituted for the ,para,tnph containing the
    enactingformula and the paragraph preced~ngthat paragraph by sec-
    tion 5 of the Tamil Nadu Re-enacttng and Repeal ng (KO.1) Act,
    1948 (Tam11 Nadu Act VII of 1948).
    4 Came into force on the 1st April 1943.
    6 This word was substituted for the word ‘!Provincd ” by &a
    Adaptation Ordcr of 1950,
    Act I11 av
    19& :’T.N. Act V1 Presidency 875 ‘ I
    (Tamil Nadu Amemdment)
  4. Tn section 71 of the said ~ct-
    ofsection 71,
    (a) in sub-section (I), for the words “in his hands,” Central Act
    the words “under his control ” shall be substituted ;n1
    , (b) in sub-section (2), for the words “in hand,”
    the words “realized by the official assignee ” shall be
    substituted. +,
  5. In section 72 of the said Act, for the words “in $~
    the hands ” the words “under the control ” shall be Central AC~
    111 of 1909.
  6. In section 74 of the said Act, for the words “pay Amendment
    of section 74,
    it, and also to pay out of his own money interest ant,l Act
    thereon “,the words “pay^such dividend and interest III of 1909.
    Central Act
  7. In section 77 of the said Act-
    paragraph shall be added, namely :-
    IU: of 1909.
    (a) to clause (0) of sub-section (I) the following of section 77,
    Insertion of
  8. Aftcr section 77 of the said Act, the following new section
    “The official-assignee, the deputy official-
    assignee or assignees, if any, and all other officers and
    servants subordinate to the official-assignee (other than
    those employed in estates under his administration) shall
    form part of the staff attached to the said Court”;
    (b) in sub-section (2), the words” shall give
    such security and “shall bo omitted.
    section shall be inserted, namely :-
    thereon” shall be substituted.
    77-A ~n
    Central Act
    111 of 1909.
    “77-A. (1) The official assignee shall bc a corpo- official
    ration sole by the name of thc Official Assignee of assignee to
    Madras and as such-OfficialAssignee shall have per- ba corpora-
    tion sole.
    petual succ;.ssion and an official seal and may sue and
    be sued in his corporate name and may do all acts
    necessary or expedient to be done in the execution of
    his office.
    (2) 111 all suits or proceedings by or against
    the official assignee, there shall be inserted after hrs
    official title the description ‘as assignee of the prc-
    perty of an insolvent (naming the particular insol-

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