[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
APPOINTMENTS
(Section 74)
G.N. No. 251 of 1948
The person holding the post of Administrator-General to be official receiver.
Every person holding office as Assistant Administrator-General to be a deputy official receiver for the whole of Tanzania.
ORDERS
(Section 97)
G.Ns. Nos.
15 of 1931
88 of 1957
440 of 1957
1. This Order may be cited as the Bankruptcy (Delegation of Power and Jurisdiction) Order.
2. The resident magistrates for the time being of Tanga, Mwanza and Arusha are hereby delegated the power to make receiving orders in bankruptcy petitions presented within the respective areas in which they exercise jurisdiction as district registrars.
3. The resident magistrates for the time being at Tanga, Mwanza, and Arusha are hereby delegated all the jurisdiction of the High Court under section 17 of the Bankruptcy Act * in relation to the public examination of any debtor in any bankruptcy case filed in the respective district registry of the High Court which such magistrate in the district registrar, and rules 155 to 163 (both inclusive) of the Bankruptcy Rules shall apply accordingly:
Provided that the exercise of such jurisdiction by any such magistrate shall be subject to such directions, if any, as the Chief Justice may from time to time think fit to give in respect of any cause or matter by way of revocation or limitation of such jurisdiction:
And provided also that no public examination of a debtor shall, without an order of such respective judge, be held by any such magistrate while a judge of the High Court is present at the respective place where such magistrate is stationed.
(Section 150)
G.Ns. Nos.
173 of 1932
478 of 1962
WHEREAS it is provided in section 150 of the Bankruptcy Act that where the Minister responsible for Legal Affairs is satisfied that the Legislature of any country has enacted provisions for reciprocity in bankruptcy which in that country have the like effect as the provisions contained in Part IX of the Bankruptcy Act, the Minister may by order declare such country to be a reciprocating country and the court thereof having jurisdiction in bankruptcy a reciprocating court for the purposes of the Bankruptcy Act:
AND WHEREAS the High Court of Uganda has jurisdiction in bankruptcy:
AND WHEREAS the Minister is satisfied that the Legislature of Uganda has by Part IX of the Bankruptcy Ordinance, 1930 (Uganda), enacted provisions for reciprocity in bankruptcy which in have the like effect as the provisions contained in Part IX of the Bankruptcy Act: *
NOW THEREFORE, it is hereby declared that the Republic of Uganda is a Reciprocating Country and the High Court thereof is a Reciprocating Court for the purpose of the Bankruptcy Act. *
G.N. No. 174 of 1932
WHEREAS it is provided in section 150 of the Bankruptcy Act that where the Minister responsible for legal affairs satisfied that the Legislature of any country, has enacted provisions for reciprocity in bankruptcy which in that country have the like effect as the provisions contained in Part IX of the Bankruptcy Act, the Minister may by order declare such country to be a reciprocating country and the court thereof having jurisdiction in bankruptcy a reciprocating court for the purposes of the Bankruptcy Act *:
AND WHEREAS the Supreme Court of the Republic of Kenya has jurisdiction in bankruptcy:
AND WHEREAS the Minister is satisfied that the Legislature of the Republic of Kenya has by Part IX of the Bankruptcy Ordinance, 1930 (Kenya), enacted provisions for reciprocity in bankruptcy which in the Republic of Kenya have the like effect as the provisions contained in Part IX of the Bankruptcy Act *.
NOW THEREFORE, it is hereby declared that the Republic of Kenya is a Reciprocating Country and the Supreme Court thereof is a Reciprocating Court for the purposes of the Bankruptcy Act *.
(Section 122)
G.N. No. 459 of 1964
1. The following fees shall be charged and collected for and in respect of any proceedings in bankruptcy under Part IX of the Act. Where no special fee is prescribed herein the Scale of Fees and Percentages shall apply and any reference therein to the Official Receiver acting as Interim Receiver, Receiver or Trustee shall for the purposes of this order be construed as a reference to the Official Receiver acting as agent.
TABLE A
COURT FEES
[Fees omitted: Subject to variation.]
1. On issuing and sealing such copy of any order or certificate required where the Official Receiver, Interim Receiver, Special Manager or Trustee appointed in Tanzania requests the Official Receiver of a reciprocating country to act as his agent– |
(a) For first folio of one hundred words |
(b) For each subsequent folio. |
2. On filing letter of requests and all relevant documents therewith under rules 7 and 13 of the Bankruptcy (Reciprocity) Rules. |
TABLE B
FEES TO BE COLLECTED BY OFFICIAL RECEIVER
[Fees omitted: Subject to variation. Items for which fees may be levied are listed below.]
1. On certifying appointment of special manager |
2. On issuing a letter or request to agents |
3. On issuing a certified copy of a proof of debt including any annexures thereto– |
(a) For first folio of one hundred words |
(b) For each subsequent folio. |
2. [Revokes Supp. 58 Cap. 25 p. 249.]
RULES
TABLE OF CONTENTS
Rules
Title
PART I
PRELIMINARY PROVISIONS
1. Short title, commencement and application.
2. Interpretation.
3. Duties of registrar in subordinate Court.
4. Computation of time.
FORMS
5. Use of forms in Appendix.
PART II
GENERAL PROCEDURE COURT AND CHAMBERS
6. Matters to be heard in court.
7. Adjournment from chambers into court and vice versa.
PROCEEDINGS
8. Proceedings, how entitled.
9. Written proceedings.
10. Records of the court.
11. Notices to be in writing.
12. Process to be sealed.
13. Meetings summoned by court.
14. Office copies.
15. Filing, gazetting, etc.
MOTIONS AND PRACTICE
16. Application to be by motion.
17. Notice of motion and ex parte application.
18. Length of notice.
19. Affidavits against motion.
20. Notice not served on all proper parties.
21. Adjournment.
22. Personal service.
23. Filing affidavits on motion.
24. Indorsement and filing of affidavits.
25. Notice of motion to be filed.
PREPARATION OF ORDERS
26. Preparation of orders.
SECURITY IN COURT
27. Security by bond.
28. Amount of bond.
29. Deposit in lieu of bond.
30. Money lodged in court.
31. Security of guarantee society.
32. Notice of sureties.
33. Justification by sureties.
34. Execution of bond.
35. Notice of deposit.
STAMPS
36. Defacement of stamp.
AFFIDAVITS
37. Costs of unnecessary matter.
38. Drawing up of affidavits.
39. Deponent's description.
40. Several deponents.
41. Scandalous matter.
42. Erasures, etc.
43. Blind or illiterate persons.
44. Formal defects.
45. Filing office copies, etc.
46. Swearing of affidavit.
47. Time for filing.
48. Proof of service.
WITNESSES AND DEPOSITIONS
49. Subpoena.
50. Service of subpoena.
51. Proof of service.
52. Limit of witnesses' costs.
53. Costs of witnesses.
54. Depositions, etc.
55. Shorthand notes.
56. Form of commission.
57. Production of document.
58. Disobeying of order.
59. Conduct money.
DISCOVERY AND EXAMINATION UNDER SECTION 28
60. Discovery.
61. Application under section 28.
ACCOUNTS AND SALE OF MORTGAGED PROPERTY
62. Inquiry into mortgage, etc.
63. Conveyance.
64. Proceeds of sale.
65. Proceedings on inquiry.
66. Accounts, etc.
WARRANTS, ARRESTS, AND COMMITMENTS
67. Custody and production of debtor.
68. Execution of warrant.
69. Applications to commit.
70. Notes and hearing of application.
71. Suspension of issue of committal order.
SERVICE AND EXECUTION OF PROCESS
72. Address of advocate for service.
73. Hours for service.
74. Notices, by whom served.
75. Service by post.
76. Enforcement of order.
COSTS AND TAXATION
77. Awarding costs.
78. Orders to be sealed, signed and filed.
79. Scale of costs and charges.
80. Advocate's costs in case of petition by debtor.
81. Costs paid otherwise than out of estate.
82. Filing bills of costs.
83. Certificate of employment.
84. Bailiff's costs.
85. Taxation of bailiff's costs after deduction.
86. Notice of appointment.
87. Lodgement of bill.
88. Copy of bill.
89. Applications for costs.
90. Priority of costs and charges payable out of estate.
91. Disallowance of costs of unnecessary petition.
92. Apportionment of costs in case of partnership.
93. Costs out of joint or separate estates.
APPEALS
94. Restriction on appeals.
95. Time for appeal.
96. Security for costs.
97. Procedure on appeals.
PART III
PROCEEDINGS IN BANKRUPTCY
DECLARATION OF INABILITY TO PAY DEBTS
98. Form of declaration.
BANKRUPTCY NOTICE
99. What court to issue.
100. Issue of notice.
101. Indorsement of address, etc.
102. Application to set aside.
103. Duration of notice.
104. Service of notice.
105. Setting aside notice.
BANKRUPTCY PETITION
106. Form of petition.
107. Description and address of debtor.
108. Place for filing petition.
109. Attestation.
110. Petition by or against firm.
111. Deposit by petitioner.
112. Debtor's petition.
CREDITOR'S PETITION
113. Security for costs.
114. Verification and copies.
115. Who to verify.
116. Joint petitioners.
117. Investigation of petition.
SERVICE OF CREDITOR'S PETITION
118. Personal service.
119. Substituted service.
120. Proof of service.
121. Service out of jurisdiction.
122. Service after death of debtor.
INTERIM RECEIVER
123. Appointment of interim receiver.
124. Form and contents of order.
125. Deposit.
126. Further deposit necessary.
127. Repayment of deposit.
128. Damages if petition dismissed.
HEARING OF PETITION
129. Proceedings on petition.
130. Time of hearing.
131. Several respondents.
132. Debtor intending to show cause.
133. Non-appearance of debtor.
134. Appearance of debtor to show cause.
135. Non-appearance of creditor.
136. Personal attendance of creditor, when dispensed with.
137. Proceedings after trial of disputed question.
138. Application to dismiss.
139. Application for extension of time.
140. Order for extension of time.
141. Adjournments of hearing.
RECEIVING ORDER
142. Contents.
143. Preparation.
144. Transmission of copy to receiver.
145. Service of receiving order.
146. Service where debtor abroad.
147. Receiving order on bankruptcy notice.
148. Stay of proceedings.
149. Advertisement.
150. Costs of petition, etc.
151. Notice of application to rescind receiving order, etc.
152. Report by receiver where ground of application to rescind receiving order or annul adjudication is debt paid in full.
STATEMENT OF AFFAIRS
153. Statements of affairs: How made out.
154. Extension of time.
PUBLIC EXAMINATION
155. Time for holding public examination.
156. Default by debtor in attending.
157. Notice to creditors.
158. General proxy-holders may question debtor.
159. Adjournments sine die.
160. Application to proceed.
161. Proceedings after adjournment sine die.
162. Notice of proceedings after adjournment sine die.
163. Public examination of debtor who is a lunatic, etc.
COMPOSITION OR SCHEME
164. Forms where proposal submitted by the debtor.
165. Application by debtor or receiver for approval of the Court.
166. Notice to receiver.
167. Notice to creditors.
168. Receiver's report to be filed.
169. Hearing and appeal.
170. Costs of application by debtor.
171. Evidence and order.
172. Provision in composition or scheme for costs and charges.
173. Fee on application.
174. Correction of formal slips, etc.
175. Proceedings if scheme approved.
176. Cases in which receiver is to be trustee.
177. Security by trustee under composition or scheme.
178. Default in payment of composition.
179. Vesting of property on annulment of composition.
180. Annulment of composition or scheme.
181. Dividends under composition or scheme.
182. Proof of debts in composition or scheme.
183. Compositions and schemes under section 18.
ADJUDICATION
184. Adjudication on application of debtor.
185. Adjudication on application of other parties.
186. Adjudication or failure of composition or scheme.
187. Adjudication where public examination adjourned sine die.
188. Notice of order of adjudication.
189. Order annulling adjudication.
DISCHARGE
190. Application.
191. Appeals.
192. Report of receiver.
193. Evidence in answer to report.
194. Costs of application.
195. Orders conditional consent to judgment.
196. Order
197. Gazetting order.
198. Execution on judgment in case of conditional discharge.
199. Accounts of after-acquired property.
200. Verification of statements of after-acquired property.
201. Application for modification of order.
202. Application for leave to act as director of company.
MEETINGS OF CREDITORS
203. Notice to debtor of first meeting.
204. Notice to creditors of first meeting.
205. Notices of other meetings.
206. Non-reception of notice by creditors.
207. Notice to receiver.
208. Proof of notice.
209. Copy of resolution for registrar.
210. Adjournment.
211. Quorum.
PROOF OF DEBTS
212. Swearing of proof.
213. Workmen's wages.
214. Production of bills of exchange and promissory notes.
215. Time for lodging of proofs.
216. Transmission of proofs to trustee.
217. Proofs to be sent by receiver to registrar.
218. Proofs to be sent by trustee to receiver.
219. Procedure when creditor appeals.
220. Time for admission or rejection of proofs by receiver.
221. Time for admission or rejection of proofs by trustee.
222. Notice of admission of proof.
223. Appeal from rejection of proof.
224. Costs of appeal from decision as to proofs.
PROXIES AND VOTING LETTERS
225. Form and filing of proxies.
226. Signature of proxy.
227. Filling in when creditor blind, etc.
228. Minors not to be proxies.
DIVIDENDS
229. Notice of intention to declare dividend.
230. Production of bills, notes, etc.
231. Dividend may be sent by post.
232. Payment of dividends to a nominee.
APPROPRIATION OF PAY, SALARY, PENSIONS, ETC.
233. Notice to bankrupt of application.
234. Notice to head of department.
235. Copy of order to department.
236. Review of order.
DISCLAIMER OF LEASE
237. Disclaimer of lease.
238. Procedure on disclaimer.
PROCEEDINGS BY OR AGAINST FIRM
239. Attestation of firm signature.
240. Service on firm.
241. Service on individual carrying on business in name or style other than his own.
242. Debtor's petition by firm.
243. Receiving order against firm.
244. Statement of affairs.
245. Adjudication against partners.
246. First meeting.
247. Acceptance of competition, etc., by joint and separate creditors.
248. Voting on composition.
249. Adjudication trustee.
250. Separate firms.
251. Apportionment of trustee's remuneration.
LUNATICS
252. Lunatics.
SMALL BANKRUPTCIES
253. Summary administration.
ADMINISTRATION OF ESTATE OF DECEASED INSOLVENTS
254. Verification of petition.
255. Deposit by legal personal representative on petition.
256 Gazetting.
257. Service.
258. Duties of executor, etc.
259. Executor de son tort.
260. Meetings of creditors, trustees, etc.
261. Modifications where summary order made.
PART IV
RECEIVERS, TRUSTEES, SPECIAL MANAGERS, SECURITY BY TRUSTEE
OR SPECIAL MANAGER, ACCOUNTS AND AUDIT,
UNCLAIMED FUNDS
262. Duties as to debtor's statement of affairs.
263. Subsistence allowance to debtor.
264. Special report as to person employed to assist debtor.
265. Use of proxies by deputy.
266. Personal performance of duties.
267. Administrative officer to act in certain cases.
268. Removal of special manager.
269. Mode of application to court.
270. Evidence on application by receiver.
271. Application for directions.
272. Duties where no assets.
273. Accounting by receiver.
274. Receiver may act for court when no committee of inspection.
275. Trading account of debtor.
276. Liability for costs, expenses, and damages.
TRUSTEES
277. Notice of appointment.
278. Notice of objection.
279. Trustees not accounting under section 136.
280. Removal of trustee.
281. Failing to keep up security.
282. Notice of resignation.
283. Remuneration of trustee.
284. Limit of remuneration.
285. Remuneration of trustee appointed by the court.
286. Trustee carrying on business.
287. Application for release.
288. Gazetting of release.
289. Delivery of books, etc., on release of trustee.
290. Meeting to consider removal of trustee.
291. Payments out of Bankruptcy Estates Account.
292. Application for directions.
293. Copy of trustee's accounts.
294. Statements to be furnished to creditors.
295. Purchase of part of estate by trustee or committee forbidden.
296. Dealings with estate by trustee and committee of inspection.
297. Discharge of costs, etc., before estate handed over to trustee.
298. Meetings of creditors to consider the conduct of trustee.
SPECIAL MANAGER
299. Remuneration of special manager.
300. Accounts.
SECURITY BY TRUSTEE OR SPECIAL MANAGER
301. Standing security.
ACCOUNTS AND AUDIT
302. Record.
303. Cash book.
304. Books to be submitted to committee of inspection.
305. Audit of cash book.
306. Audit of trustee's accounts.
307. Copy of accounts to be filed.
308. Affidavit of no receipts.
309. Proceedings on resignation, etc., of trustee.
310. Joint and separate estates accounts.
311. Expenses of sales.
312. Allowance to debtor.
UNCLAIMED FUNDS
313. Mode of payment into bank.
314. Application for payment out by party entitled.
315. Accounts by trustees of unclaimed funds.
PART V
JUDGMENT DEBTORS
316. Fees on receiving order.
317. Summary administration.
PART VI
MISCELLANEOUS PROVISIONS
318. Power of receiver to make orders.
319. Falsification of documents.
320. No lien on debtor's books.
321. Disposal of debtor's books.
322. Effect of non-compliance with Rules.
323. Abridgement or enlargement of time.
324. Prescribed bank.
THE BANKRUPTCY RULES
(Section 121)
[1st December, 1931]
G.Ns. Nos.
159 of 1931
7 of 1948
188 of 1948
PART I
PRELIMINARY PROVISIONS (rules 1-4)
1. Short title, commencement and application
These Rules may be cited as the Bankruptcy Rules. They shall come into operation on the 1st December, 1931, and shall also apply, as far as practicable and unless otherwise expressly provided, to all matters arising and to all proceedings taken on any matters under the Act, or any Act amending the same, on or after the said day.
2. Interpretation
In these Rules unless the context requires otherwise–
"the Act" means the Bankruptcy Act; *
"court" means court as defined in the Act and includes a judge of the High Court or subordinate court exercising jurisdiction in chambers;
"court of appeal" means the Court of Appeal of Tanzania;
"creditor" includes a corporation and firm of creditors in partnership;
"debtor" includes a firm of debtors in partnership and includes any debtor proceeded against under the Act whether adjudged bankrupt or not;
"receiver" means the official receiver appointed under the Act and includes a deputy official receiver;
"registrar" means the registrar of the High Court and includes a deputy registrar and district registrar;
"scheme" means a scheme of arrangement pursuant to the Act;
"sealed" means sealed with the seal of the court;
"subordinate court" means a subordinate court to which the Chief Justice has by order delegated jurisdiction in bankruptcy, either generally or for the purpose of any particular case or class of cases; and
"trustee" includes the trustee appointed under a composition or scheme of arrangement, and also includes the receiver when acting as trustee.
3. Duties of registrar in subordinate Court
Where jurisdiction in bankruptcy has been delegated to a subordinate court, all acts and things directed or allowed to be done by, all documents directed or allowed to be produced to, lodged or filed with, and all communications directed or allowed to be addressed to the registrar under these Rules shall be done by, produced to, lodged or filed with and addressed to the judge of such subordinate court.
4. Computation of time
The provisions of section 130 of the Act shall apply to these Rules.
FORMS (rule 5)
5. Use of forms in Appendix
(1) The forms in the Appendix, where applicable, and where they are not applicable forms of a like character, with such variations as circumstances may require, shall be used. When such forms are applicable, any costs occasioned by the use of more prolix forms shall be borne by or disallowed to the party using the same, unless the court shall otherwise direct.
(2) The Chief Justice may from time to time, by notice in the Gazette, alter any of said forms or substitute new forms in lieu thereof.
PART II
GENERAL PROCEDURE COURT AND CHAMBERS (rules 6-97)
6. Matters to be heard in court
(1) The following matters and applications shall be heard and determined in open court, namely–
(a) the public examination of debtors;
(b) applications to approve a composition or scheme of arrangement;
(c) applications for orders of discharge or certificates of removal of disqualifications;
(d) application to set aside or avoid any settlement, conveyance, transfer, security or payment, or to declare for or against the title of the trustee to any property adversely claimed;
(e) applications for the committal of any person to prison for contempt;
(f) appeals against the rejection of a proof, or applications to expunge or reduce a proof, when the amount in dispute exceeds four thousand shillings.
(2) Any other matter or application may be heard and determined in chambers.
7. Adjournment from chambers into court and vice versa
Subject to the provisions of the Act and these Rules, any matter or application may at any time, if the judge thinks fit, be adjourned from chambers to court or from court to chambers; and if all the contending parties require any matter or application to be adjourned from chambers into court it shall be so adjourned.
PROCEEDINGS (rules 8-15)
8. Proceedings, how entitled
(1) Every proceeding in court under the Act shall be dated and shall be entitled "In Bankruptcy," with the name of the court and of the matter to which it relates. Numbers and dates may be denoted by figures.
(2) All applications and orders shall be entitled ex parte the applicant.
(3) The first proceeding in every matter shall have a distinctive number assigned to it by the registrar, and all subsequent proceedings in the same matter shall bear the same number.
9. Written proceedings
All proceedings in court shall be written or printed, or partly written and partly printed, on paper of foolscap size; but no objection shall be allowed to any proof, affidavit or proxy on account of its being written or printed on paper of other size.
10. Records of the court
All proceedings of the court shall remain on record in the court, so as to form a complete record of each matter, and they shall not be removed for any purpose except for the use of the officers of the court, or by special direction of a judge, but they may at all reasonable times be inspected by the trustee, the debtor and any creditor who has proved, or any person on behalf of the trustee, debtor or any such creditor.
11. Notices to be in writing
All notices required by the Act or these Rules shall be in writing, unless these Rules otherwise provide, or the court shall in any particular case order otherwise.
12. Process to be sealed
All summonses, petitions, notices, orders, warrants and other process issued by the court shall be sealed.
13. Meetings summoned by court
Where the court orders a general meeting of creditors to be summoned under rule 5 of Schedule I to the Act, it shall be summoned as the court directs, and in default of any direction by the court the registrar shall transmit a sealed copy of the order to the trustee (or, as the case may be, the receiver); and the trustee or receiver shall, not less than seven days before such meeting, send a copy of the order to each creditor at the address given in his proof, or when he shall not have proved, the address given in the list of creditors by the debtor, or such other address as may be known to the trustee or receiver.
14. Office copies
All office copies of petitions, proceedings, affidavits, books, papers and writings, or any parts thereof required by any trustee, or by any debtor, or by any creditor, or by the advocate of any such trustee, debtor, or creditor shall be provided by the registrar; and shall, except as to figures, be fairly written at length and be sealed and delivered out without any unnecessary delay, and in the order in which they shall have spoken.
15. Filing, gazetting, etc.
(1) Whenever the Gazette contains any advertisement relating to any matter under the Act the registrar shall file with the proceedings in the matter a memorandum referring to and giving the date of such advertisement.
(2) The memorandum by the registrar shall be prima facie evidence that the advertisement to which it refers was duly inserted in the issue of the Gazette mentioned in it.
(3) Where in the exercise of his functions under the Act or any rules made thereunder the official receiver requires to inspect or use the file of proceedings in any matter, the registrar shall (unless the file is at the time required for use in court or by him) on request transmit the file of proceedings to the official receiver.
MOTIONS AND PRACTICE (rules 16-25)
16. Application to be by motion
Every application to the court shall, unless otherwise provided by these Rules, or the court in any particular case directs otherwise shall be made by motion supported by affidavit.
17. Notice of motion and ex parte application
Where any party other than the applicant is affected by the motion no order shall be made unless upon the consent of such party duly shown to the court, or upon proof that notice of the intended motion and a copy of the affidavits in support thereof have been duly served upon such party:
Provided that the court, if satisfied that the delay caused by proceedings in the ordinary way would or might entail serious mischief, may make any order ex parte upon such terms as to costs and otherwise, and subject to such undertaking, if any, as the court may think just; and any party affected by such order may more to set it aside.
18. Length of notice
Unless the court gives leave to the contrary, notice of motion shall be served on any party to be affected thereby not less than eight days before the day named in the notice for hearing the motion. An application for leave to serve short notice of motion shall be made ex parte.
19. Affidavits against motion
Where a respondent intends to use affidavits in opposition to a motion, he shall deliver copies of such affidavits to the applicant not less than two days before the day appointed for the hearing.
20. Notice not served on all proper parties
If on the hearing of any motion or application the court shall be of opinion that any person to whom notice has not been given ought to have, or to have had, such notice, the court may either dismiss the motion or application or adjourn the hearing thereof, in order that such notice may be given, upon such terms as the court thinks fit.
21. Adjournment
The hearing of any motion or application may from time to time be adjourned upon such terms (if any) as the court shall think fit.
22. Personal service
In cases in which personal service of any notice of motion, or of any order of the court, is required, the same shall be effected, in the case of a notice of motion, by delivering to each party to be served a copy of the notice of motion; and in the case of an order, by delivering to each party to be served a sealed copy of the order.
23. Filing affidavits on motion
Every affidavit to be used in supporting or opposing any opposed motion shall be filed with the registrar, not later than the day before the day appointed for the hearing.
24. Indorsement and filing of affidavits
The registrar, upon any affidavit being left with him to be filed, shall indorse the same with the day of the month and year when the same was so left, and forthwith file the same with the proceedings to which the same relates and any affidavit left with the registrar to be filed shall on no account be delivered out to any person, except by order of the court.
25. Notice of motion to be filed
A party intending to move shall, previous to the public sitting of the court, deliver to the registrar a copy of the notice of motion. There shall be indorsed on such copy the name of the applicant's advocate (if any) and also, if known, the name of the respondent's advocate (if any).
PREPARATION OF ORDERS (rule 26)
26. Preparation of orders
(1) If within one week from the making of any order of adjudication, order annulling adjudication, order on application to approve a composition or scheme, order annulling a composition or scheme, or order on application for discharge, such order has not been completed, it shall be the duty of the registrar to prepare and complete such order:
Provided that if in any case the court shall be of opinion that the provisions of this rule ought not to apply, it may so order; and provided also that when an order of discharge is granted subject to the condition that judgment shall be entered against the bankrupt, nothing in this rule shall require the registrar to prepare and complete the order until the bankrupt has given a consent to judgment being entered against him.
Notice of appointment to settle order
(2) A person who has the carriage of an order shall obtain from the registrar a appointment to settle the order, and shall give reasonable notice of the appointment to all persons who may be affected by the order or to their advocates.
SECURITY IN COURT (rules 27-35)
27. Security by bond
Except where these Rules provide otherwise, where a person is required to give security, such security shall be in the form of a bond with one or more surety or sureties to the person proposed to be secured.
28. Amount of bond
The bond shall be taken on a penal sum which shall be not less than the sum for which security is to be given and probable costs, unless the opposite party consents to it being taken for a less sum.
29. Deposit in lieu of bond
When a person is required to give security he may, in lieu thereof, lodge in court a sum equal to the sum in question in respect of which security is to be given and the probable costs of the trial of the question, together with a memorandum to be approved of by the registrar and to be signed by such person or his advocate or agent, setting forth the conditions on which the money is deposited.
30. Money lodged in court
The rules for the time being in force in the High Court relating to payment into and out of court of money lodged in court by way of security for costs, shall apply to money lodged in court under these Rules.
31. Security of guarantee society
The security of a guarantee association or society approved by the court or the opposite party may be given in lieu of a bond or a deposit.
32. Notice of sureties
In all cases when a person proposes to give a bond by way of security, he shall serve by post or otherwise on the opposite party and on the registrar, notice of the proposed sureties, and the registrar shall forthwith give notice to both parties of the time and place at which he proposes that the bond shall be executed, and shall state in the notice that, should the proposed obligee have any valid objection to make to the sureties or either of them, it must be made at that time.
33. Justification by sureties
The sureties shall make an affidavit of their sufficiency unless the opposite party shall dispense with such affidavit, and such sureties shall attend to be cross-examined, if required.
34. Execution of bond
The bond shall be executed and attested in the presence of the registrar or receiver or before a justice of the peace or an advocate.
35. Notice of deposit
When a person makes a deposit of money in lieu of giving a bond, the registrar shall forthwith give notice to the person to whom the security is to be given of such deposit having been made.
STAMPS (rule 36)
36. Defacement of stamp
Every officer of the court who receives any document to which an adhesive stamp shall be affixed, shall immediately upon the receipt of such document deface the stamp thereon in the manner for the time being prescribed for the defacement of stamps, or in such other manner as the President may from time to time direct; and no such document shall be filed or delivered until the stamp thereon shall have been defaced in manner aforesaid, and it shall be the duty of the party presenting or receiving such document to see that such defacement has been duly made.
AFFIDAVITS (rules 37-48)
37. Costs of unnecessary matter
The costs of every affidavit which shall unnecessarily set forth matters of hearsay, or argumentative matter, or copies of or extracts from documents, shall be paid by the party filing the same.
38. Drawing up of affidavits
Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and as nearly as may be shall be confined to a distinct portion of the subject. No costs shall be allowed for any affidavit or part of an affidavit substantially departing from this rule.
39. Deponent's description
Every affidavit shall state the description and true place of abode of the deponent.
40. Several deponents
In every affidavit made by two or more deponents the names of the several persons making the affidavit shall be inserted in the jurat, except that if the affidavit of all the deponents is taken at one time by the same officer it shall be sufficient to state that it was sworn by both (or all) of the abovenamed deponents.
41. Scandalous matter
The court may order to be struck out from any affidavit any matter which is scandalous, and may order the costs of any application to strike out such matter to be paid as between advocate and client.
42. Erasures, etc.
No affidavit having in the jurat or body thereof any interlineation, alteration or erasure shall, without leave of the court, be read or made use of in any matter depending in court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer or person taking the affidavit, nor in the case of an erasure unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the officer or person taking it.
43. Blind or illiterate persons
Where an affidavit is sworn by any person who appears to the person taking the affidavit to be illiterate or blind, the person taking the affidavit shall certify in the jurant that the affidavit was read in his presence to the deponent, that the deponent seemed perfectly to understand it, and that the deponent made his signature in the presence of such person. No such affidavit shall be used in evidence in the absence of this certificate, unless the court is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent.
44. Formal defects
The court may receive any affidavit sworn for the purpose of being used in any matter notwithstanding any defect by misdescription of parties or otherwise in the title or jurat or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.
45. Filing office copies, etc.
(1) In cases in which by the present practice an original affidavit is allowed to be used it shall before it is used be stamped with a proper filing stamp, and shall at the time when it is used be delivered and left in court or in chambers with the proper officer, who shall send it to be filed.
(2) An office copy of an affidavit may in all cases be used, the original affidavit having been filed, and the copy duly authenticated with the seal of the court.
46. Swearing of affidavit
(1) No affidavit other than a proof of debt shall be sufficient if sworn before the advocate acting for the party on whose behalf the affidavit is to be so used, or before the party himself.
(2) Any affidavit which would be insufficient if sworn before the advocate himself shall be insufficient if sworn before his clerk or partner.
(3) An affidavit may be sworn to either in print or in manuscript, or partly in print and partly in manuscript.
47. Time for filing
(1) Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used unless by leave of the court.
Affidavit in ex parte
(2) Except by leave of the court, no order made ex parte in court founded on any affidavit shall be of any force unless the affidavit on which the application was made was actually made before the order was applied for, and produced or filed at the time of making the motion.
48. Proof of service
The court shall take judicial notice of the seal or signature of any person authorised by or under any Act to take affidavits or to certify to such authority.
WITNESSES AND DEPOSITIONS (rules 49-59)
49. Subpoena
A subpoena for the attendance of a witness shall be issued by the court at the instance of the receiver, a trustee, a creditor, a debtor, or any applicant or respondent in any matter, with or without a clause requiring the production of books, deeds, papers, documents, and writings in his possession or control, and in such subpoena the name of several witnesses may be inserted.
50. Service of subpoena
A sealed copy of the subpoena shall be served personally on the witness by the person at whose instance the same is issued, or by his advocate, or by an officer of the court, or by some person in their employ, within a reasonable time before the time of the return thereof.
51. Proof of service
Service of the subpoena may, where required, be proved by affidavit.
52. Limit of witnesses' costs
The court may in any matter limit the number of witnesses to be allowed on taxation of costs, and their allowance for attendance shall in no case exceed the highest rate of the allowance mentioned in the scale of costs.
53. Costs of witnesses
The costs of witnesses, whether they have been examined or not, may, in the discretion of the court, be allowed.
54. Depositions, etc.
The court may, in any matter where it appears necessary for the purposes of justice, make an order for the examination upon oath before the court or any officer of the court or any other person, and at any place, of any witness or person, and may empower any party to any such matter to give such deposition in evidence therein on such terms (if any) as the court may direct.
55. Shorthand notes
If the court shall in any case, and at any stage of the proceedings, be of opinion that it would be desirable that a person (other than the person before whom the examination is taken) should be appointed to take down the evidence of the debtor, or of any witness examined at any public sitting or private meeting under the Act, in shorthand or otherwise, it shall be competent for the court to make such appointment; and every person so appointed shall be paid such sum as the court may direct, and, where the court appoints a shorthand writer, a sum not exceeding one shilling per folio of one hundred words for any transcript of evidence that may be required, and such sums shall be paid by the party at whose instance the appointment was made, or out of the state, as may be directed by the court.
56. Form of commission
An order for a commission or letter of request to examine witnesses, and the writ of commission or request shall follow the forms for the time being in use in the High Court, with such variations as circumstances may require.
57. Production of document
The court may in any matter, at any stage of the proceedings, order the attendance of any person for the purpose of producing any writings or other documents named in the order which the court may think fit to be produced.
58. Disobeying of order
Any person wilfully disobeying a subpoena or order requiring his attendance for the purpose of being examined or producing any document shall be deemed guilty of contempt of court, and may be dealt with accordingly.
59. Conduct money
Any witness (other than the debtor) required to attend for the purpose of being examined or producing any document shall be entitled to the like conduct money and payment for expenses and loss of time as upon attendance at a trial in court.
DISCOVERY AND EXAMINATION UNDER SECTION 28 (rules 60-61)
60. Discovery
Any party to any proceeding in court may, with the leave of the court, administer interrogatories to, or obtain discovery of documents from, any other party to such proceeding. Proceedings under this rule shall be regulated as nearly as may be by the practice of the High Court for the time being in force in relation to discovery and inspection. An application for leave under this rule may be made ex parte.
61. Application under section 28
Every application to the court under section 28 of the Act shall be in writing and shall state shortly the grounds upon which the application is made. Where the application is made on behalf of the receiver or trustee it need not be verified by affidavit.
ACCOUNTS AND SALE OF MORTGAGED PROPERTY (rules 62-66)
62. Inquiry into mortgage, etc.
Upon application by motion by any person claiming to be a mortgagee of any part of the bankrupt's real or leasehold estate, and whether such mortgage shall be by deed or otherwise, and whether the same shall be of a legal or equitable nature, the court shall proceed to inquire whether such person is such mortgagee and for what consideration and under what circumstances; and if it shall be found that such person is such mortgagee, and if no sufficient objection shall appear to the title of such person to the sum claimed by him under such mortgage, the court shall direct such accounts and inquiries to be taken as may be necessary for ascertaining the principal, interest and costs due upon such mortgage, and of the rents and profits, or dividends, interest or other proceeds received by such person, or by any other person by his order of for his use in case he shall have been in possession of the property over which the mortgage shall extend, or any part thereof, and the court, if satisfied that there ought to be a sale, shall direct notice to be given in such newspapers as the court shall think fit, when and where, and by whom and in what way the said premises or property or the interest therein so mortgaged, are to be sold, and that such sale be made accordingly, and that the trustee (unless it be otherwise ordered) shall have the conduct of such sale; but it shall not be imperative on any such mortgagee to make such application. At any such sale the mortgagee may bid and purchase.
63. Conveyance
All proper parties shall join in the conveyance to the purchaser, as the court shall direct.
64. Proceeds of sale
The moneys to arise from such sale shall be applied in the first place in payment of the costs, charges and expenses of the trustee, of and occasioned by the application to the court, and of such sale and attendance thereat, and in the next place in payment and satisfaction so far as the same shall extend, of what shall be found due to such mortgagee, for principal, interest and costs and the surplus of the said moneys (if any) shall be paid to the trustee. But in case the moneys to arise from such sale shall be insufficient to pay and satisfy what shall be found due to such mortgagee, then he shall be entitled to prove as a creditor for such deficiency, and receive dividends thereon rateably with other creditors, but so as not to disturb any dividend then already declared.
65. Proceedings on inquiry
For the better taking of such inquiries and accounts, and making a title to the purchaser, all parties may be examined by the court upon interrogatories or otherwise as the court shall think fit, and shall produce before the court upon oath all deeds, documents, papers, books and writings in their respective custody or power relating to the estate or effects of the bankrupt, as the court shall direct.
66. Accounts, etc.
In any proceedings between a mortgagor and a mortgagee, or the trustee of either of them, the court may order all such inquiries and accounts to be taken in like manner as in the High Court.
WARRANTS, ARRESTS, AND COMMITMENTS (rules 67-71)
67. Custody and production of debtor
When a debtor is arrested under a warrant issued under section 26 of the Act, he shall be given into the custody of the superintendent of the prison mentioned in the warrant, who shall produce such data before the court as it may from time to time direct, and shall safely keep him until such time as the court shall otherwise order; and any books, papers, moneys, goods and chattels in the possession of the debtor which may be seized shall forthwith be lodged with the receiver or trustee, as the case may be.
68. Execution of warrant
(1) When a person is apprehended under a warrant issued under section 28(2) of the Act, the officer apprehending him shall forthwith bring him before the court issuing the warrant to the end that he may be examined, and if he cannot immediately be brought up for examination or examined, the officer shall deliver him into the custody of the superintendent of the prison mentioned in the warrant, who shall receive him into custody and shall produce him before the court as it may from time to time direct or order, and, subject to such direction or order, shall safely keep him.
(2) The officer executing a warrant issued under section 28(2) of the Act shall forthwith, after apprehending the person named in the warrant and bringing him before the court as in the last preceding rule mentioned, or after delivering him to the superintendent of the prison, as the case may be, report such apprehension or delivery to the court issuing the warrant, and apply to the court appoint a day and time for the examination of the person so apprehended, and the court shall thereupon appoint the earliest practicable day for the examination, and shall issue its direction or order to the said superintendent to produce him for examination at a place and time to be mentioned in such direction or order.
(3) Notice of any such appointment shall forthwith be given by the registrar to the receiver, trustee or other person who shall have applied for the examination or warrant.
69. Applications to commit
An application to the court to commit any person for contempt of court shall be supported by affidavit and be filed in court.
70. Notes and hearing of application
Subject to the provisions of the Act and Rules, upon the filing of any application to commit, the registrar shall fix a time and place for the court to hear the application, notice whereof shall be personally served on the person sought to be committed not less than three days before the day fixed for the hearing of the application:
Provided that in any case in which the court may think fit, the court may allow substituted service of the notice by advertisement or otherwise, or shorten the length of notice to be given.
71. Suspension of issue of committal order
Where an order of committal is made against a debtor, or against a trustee, for disobeying any order of the court or of the receiver to do some particular act or thing the court may direct that the order of committal shall not be issued, provided that such debtor or trustee, as the case may be, complies with the previous order within a specified time.
SERVICE AND EXECUTION OF PROCESS (rules 72-76)
72. Address of advocate for service
Every advocate suing out or serving any petition, notice, summons, order or other document shall indorse thereon his name or firm and place of business, which shall be called his address for service. All notices, orders, documents and other written communications which do not require personal service shall be deemed to be sufficiently served on such advocate if left for him at his address for service.
73. Hours for service
Service of notice, orders or other proceedings shall be effected before the hour of four in the afternoon, except on Saturdays when it shall be effected before the hour of one in the afternoon. Service effected after four in the afternoon on any week-day except Saturday shall, for the purpose of computing any period of time, be deemed to have been effected on the following day. Service effected after one in the afternoon on Saturday shall for the like purpose be deemed to have been effected on the following Monday.
74. Notices, by whom served
It shall be the duty of the bailiff to serve such orders, summonses, petitions and notices as the court may require him to serve, to execute warrants and other process, and to do and perform all such things as may be required of him by the court:
Provided that this rule shall not be construed to require any order, summons, petition or notice to be served by the bailiff which is not specifically by the Act or the Rules required to be so served, unless the court shall in any particular proceeding by order specially so direct.
75. Service by post
Where notice of an order or other proceeding in court may be served by post it shall be sent by registered letter.
76. Enforcement of order
Every order of the court may be enforced as if it were a judgment of the court to the same effect.
COSTS AND TAXATION (rules 77-93)
77. Awarding costs
(1) The court in awarding costs may direct that the costs of any matter or application shall be taxed and paid as between party and party or as between advocate and client, or that full costs, charges and expenses shall be allowed, or the court may fix a sum to be paid in lieu of taxed costs.
(2) In the absence of any express direction, costs of an opposed motion shall follow the event and shall be taxed as between party and party.
(3) When an action is brought against the receiver or trustee as representing the estate of the debtor, or where the receiver or trustee is made a party to a cause or matter, on the application of any other party thereto, he shall not personally be liable for costs unless the court otherwise directs.
(4) When costs are awarded in any proceedings to the receiver he shall be entitled to costs according to the usual scales whether he has appeared in person or by advocate and the balance (if any) of such costs after deducting any disbursements properly incurred shall be paid to the credit of the Bankruptcy Contingency Fund.
78. Orders to be sealed, signed and filed
Every order for payment of money and costs, or either of them, shall be sealed and be signed by the registrar and shall be forthwith filed with the proceedings.
79. Scale of costs and charges
(1) In all proceedings under the Act and these Rules advocates' costs shall be allowed in accordance with the Advocates' Remuneration and Taxation of Costs Rules, and any rules amending the same.
(2) Where the estimated assets of the debtor do not exceed the sum of three hundred pounds, a lower scale of advocates' costs shall be allowed in all proceedings under the Act and these Rules in which costs are payable out of the estate, namely, three-fifths of the charges ordinarily allowed, disbursements being added.
80. Advocate's costs in case of petition by debtor
The advocate in the matter of a bankruptcy petition presented by the debtor against himself shall, in his bill of costs, give credit for such sum or security (if any) as he may have received from the debtor as a deposit on account of the costs and expenses to be incurred in and about the filing and prosecution of such petition, and the amount of any such deposit shall be noted by the taxing officer on the bill of costs.
81. Costs paid otherwise than out of estate
When a bill of costs is taxed under any special order of the court, and if it appears by such order that the costs are to be paid otherwise than out of the estate of the bankrupt, the taxing officer shall state at the foot of the bill by whom or the manner in which such costs are to be paid.
82. Filing bills of costs
Upon the taxation of any bill of costs, charges or expenses being completed, the registrar shall forthwith file such bill with the proceedings in the matter.
83. Certificate of employment
Before the bill of charges of any advocate, manager, accountant, auctioneer, broker or other person employed by the receiver or trustee is taxed, there shall be produced a certificate in writing signed by the receiver or trustee, as the case may be, setting forth whether any, and if so what, special terms of remuneration have been agreed to, and in the case of the bill of costs of an advocate, a copy of the authority sanctioning the employment.
84. Bailiff's costs
In any case in which, pursuant to section 46(1) of the Act, the bailiff is required to deliver goods to the receiver or trustee, such bailiff shall without delay bring in his bill of costs for taxation, which shall be taxed; and unless such bill of costs is brought in for taxation within one month from the date when the bailiff makes such delivery, the receiver or trustee may decline to pay the same.
85. Taxation of bailiff's costs after deduction
(1) If the receiver or trustee shall, in writing, require any costs which the bailiff has deducted under section 46(2) of the Act to be taxed, the bailiff shall, within seven days from the date of the request, bring in such costs for taxation, which shall be taxed; and any amount disallowed on such taxation shall forthwith be paid over by the bailiff to the receiver or trustee as the case may require.
(2) The receiver or trustee may in writing require any person who has distrained for rent under the powers conferred by section 40 of the Act to give an account of the sale of any goods or effects distrained upon and of the costs incurred and if the receiver or trustee shall, in writing, require such costs to be taxed that person shall within seven days from the date of the request, bring in such costs for taxation which shall be taxed; and after such taxation any amount found to be due to the estate shall be forthwith paid over by such person to the receiver or trustee as the case may be.
86. Notice of appointment
Every person whose bill or charges is or are to be taxed shall in all cases give not less than three days' notice of the appointment to tax the same to the receiver and to the trustee (if any).
87. Lodgement of bill
The bill or charges, if incurred prior to the appointment of a trustee, shall be lodged with the receiver, and if incurred after the appointment of a trustee, shall be lodged with the trustee, three clear days before the application for the appointment to tax the same is made. The receiver or trustee, as the case may be, shall forthwith, on receiving notice of taxation, lodge such bill or charges with the registrar.
88. Copy of bill
Every person whose bill or charges is or are to be taxed shall, on application of the receiver or the trustee, furnish a copy of his bill or charges to be so taxed, on payment at the rate of fifty cents per folio, which payment may be charged to the estate. The receiver shall call the attention of the trustee to any items which in his opinion ought to be disallowed or reduced, and may attend or be represented on the taxation.
89. Applications for costs
Where any party to, or person affected by any proceeding desires to make an application for an order that he be allowed his costs or any part of them incidental to such proceeding, and such application is not made of the time of the proceeding–
(a) such party or person shall serve notice of his intended application on the receiver and, if a trustee has been appointed, on the trustee;
(b) the receiver and trustee may appear on such application and object thereto;
(c) no costs of or incidental to such application shall be allowed to the applicant unless the court is satisfied that the application could not have been made at the time of the proceeding.
90. Priority of costs and charges payable out of estate
The assets in every matter remaining, after payment of the actual expenses incurred in realising any of the assets of the debtor shall, subject to any order of the court, be liable to the following payments, which shall be made in the following order of priority, namely:
First- The actual expenses incurred by the receiver in protecting the property or assets of the debtor, or any part thereof, and any expenses or outlay incurred by him or by his authority in carrying on the business of the debtor;
Next- The fees, percentages and charges payable to or costs, charges and expenses incurred or authorised by, the receiver;
Next- The deposit or deposits lodged by the petitioning creditor pursuant to these Rules;
Next- The deposit or deposits lodged on any application for the appointment of an interim receiver;
Next- The remuneration of the special manager (if any);
Next- The taxed costs of the petitioner;
Next- The remuneration and charges of the person (if any) appointed to assist the debtor in the preparation of his statement of affairs;
Next- Any allowance made to the debtor by the receiver;
Next- The taxed charges of any shorthand writer appointed by the court;
Next- The Trustee's necessary disbursements other than actual expenses of realisation heretofore provided for;
Next- The costs of any person properly employed by the trustee with the sanction of the committee of inspection;
Next- Any allowance made to the debtor by the trustee with the sanction of the committee of inspection;
Next- The remuneration of the trustee;
Next- The actual out-of-pocket expenses necessarily incurred by the committee of inspection, subject to the approval of the court.
91. Disallowance of costs of unnecessary petition
In any case in which, after a bankruptcy petition has been presented by a creditor against a debtor, and before the hearing of such petition, the debtor files a petition, and a receiving order is made on the petition of the debtor, unless in the opinion of the court the estate has benefited thereby, or there are special circumstances which make it just that such costs should be allowed, no costs shall be allowed to the debtor or his advocate out of the estate.
92. Apportionment of costs in case of partnership
In the case of a bankruptcy petition against a partnership, the costs payable out of the estates incurred up to and inclusive of the receiving order shall be apportioned between the joint and separate estates in such proportions as the receiver may in his discretion determine.
93. Costs out of joint or separate estates
(1) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred prior to the appointment of the trustee, the receiver may pay or direct the trustee to pay such costs or charges out of the separate estates of such co-debtors, or one or more of them in such proportions as in his discretion the receiver may think fit. The receiver may also, as in his discretion he may think fit, pay or direct the trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate, out of that separate estate.
(2) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred after the appointment of the trustee, the trustee, with such consent as is hereinafter mentioned, may pay such costs or charges out of the separate estates of such co-debtors or one or more of them. He may also, with the said consent, pay any costs or charges properly incurred, for any separate estate, after his appointment, out of the joint estate and any part of the costs or charges of the joint estate incurred after his appointment which affects any separate estate out of that separate estate. No payment under this rule shall be made out of a separate estate or joint estate by a trustee without the consent of the committee of inspection of the estate out of which the payment is intended to be made or, if the committee withhold or refuse their consent, without an order of the court.
APPEALS (rules 94-97)
94. Restriction on appeals
No appeal shall be brought–
(a) without the leave of the court or of the Court of Appeal from any order made by consent or as to costs only, or from any order relating to property when it is apparent from the proceedings that the money or moneys worth involved does not exceed one thousand shillings;
(b) from an omission by the court to exercise a discretionary power, unless on application made to it the court shall have refused to exercise such power, in which latter case an appeal from the refusal may be brought.
95. Time for appeal
Subject to the powers of the Court of Appeal to extend the time under special circumstances, no appeal from any order of the court shall be brought after the expiration of three months or after such other period as the Court of Appeal may from time to time prescribe. The period shall be calculated from the time at which the order is signed, entered or otherwise perfected or, in case of the refusal of an application, from the date of such refusal.
96. Security for costs
Security for costs shall be given in accordance with the Court of Appeal Rules, and any rules amending the same.
97. Procedure on appeals
Subject to the foregoing rules, appeals to the Court of Appeal shall be regulated by the Court of Appeal Rules, and any rules amending the same.
PART III
PROCEEDINGS IN BANKRUPTCY (rules 98-324)
DECLARATION OF INABILITY TO PAY DEBTS (rule 98)
98. Form of declaration
A declaration by a debtor of his inability to pay his debts shall be dated, signed and witnessed. The witness shall be an advocate, a justice of the peace, the receiver or registrar.
BANKRUPTCY NOTICE (rules 99-105)
99. What court to issue
(1) A bankruptcy notice may be issued by any court in which a bankruptcy petition against the debtor might be filed.
(2) A bankruptcy notice shall not be invalid by reason that it is issued by a wrong court, but in such case the court may, if it thinks fit, on the application of the debtor, order the notice to be set aside on such terms as to costs or otherwise as may be just.
100. Issue of notice
A creditor desirous that a bankruptcy notice may be issued shall produce to the registrar an office copy of the judgment or order on which the notice is founded and file the notice together with a request for issue. The creditor shall at the same time lodge with the registrar two copies of the bankruptcy notice to be sealed and issued for service.
101. Indorsement of address, etc.
(1) Every bankruptcy notice shall be indorsed with the name and place of business of the advocate actually suing out the same, or, if no advocate be employed, with a memorandum that it is sued out by the creditor in person.
(2) There shall also be indorsed on every bankruptcy notice an intimation to the debtor that if he has a counter claim, set off or cross demand which equals or exceeds the amount of the judgment debt, and which he could not have set up in the action in which the judgment or order was obtained, he must within the time specified in the notice file an affidavit to that effect with the registrar.
(3) In the case of each notice the registrar when issuing the notice shall fix the time referred to in subparagraph (2).
102. Application to set aside
The filing of such affidavit shall operate as an application to set aside the bankruptcy notice, and thereupon the registrar shall fix a day for hearing the application, and not less than three days before the day so fixed shall give notice thereof both to the debtor and the creditor and their respective advocates, if known. If the application cannot be heard until after the expiration of the time specified in the notice as the day on which the act of bankruptcy will be complete, the registrar shall extend the time, and no act of bankruptcy shall be deemed to have been committed under the notice until the application has been heard and determined.
103. Duration of notice
Subject to the power of the court to extend the time, a bankruptcy notice to be served in Tanzania shall be served within one month from the issue thereof.
104. Service of notice
A bankruptcy notice shall be served and service thereof shall be proved in the like manner as is by these Rules prescribed for the service of a creditor's petition.
105. Setting aside notice
When the court makes an order setting aside the bankruptcy notice, it may at the same time declare that no act of bankruptcy has been committed by the debtor under such notice.
BANKRUPTCY PETITION (rules 106-112)
106. Form of petition
Every petition shall be fairly written or printed, or partly written and partly printed, and no alteration, interlineations, or erasures shall be made without the leave of the registrar except so far as may be necessary to adapt a printed form to the circumstances of the particular case.
107. Description and address of debtor
(1) Where a petition is presented by a debtor he shall, besides inserting therein his name and description and his address at the date when the petition is presented, further describe himself as lately residing or carrying on business at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied.
(2) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor, as of his then present address and description, shall in the petition describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred.
108. Place for filing petition
Where a debtor has for the greater part of six months next preceding the presentation of a bankruptcy petition carried on business within the area of one district registry and resided within the area of another district registry, the petition shall, subject to any order of the Chief Justice, be filed in the registry of the area within which the debtor has carried on business.
109. Attestation
Every bankruptcy petition shall be attested. If it be attested in the United Republic the witness must be an advocate or justice of the peace or the receiver or the registrar. If it be attested out of the United Republic the witness must be a judge or magistrate or a notary public.
110. Petition by or against firm
(1) When a petition is filed by or against a firm in the firm name the debtors or the petitioning creditor shall, with such petition, file a statement of the names and addresses of the partners as they appear in the register under the Business Names (Registration) Act * at the date of presentation of the petition. If such names do not appear in such register the debtors shall state the true names and addresses of all the partners in the firm and the petitioning creditor shall state the names and addresses of such partners to the best of his information, knowledge and belief.
(2) This Rule shall so far as the nature of the case will admit apply in the case of any person carrying on business in a name or style other than his own.
111. Deposit by petitioner
(1) Upon the presentation of a petition–
(a) by the debtor, the petitioner shall deposit with the receiver the sum of four hundred shillings;
(b) by a creditor, the petitioner shall deposit with the receiver the sum of four hundred shillings,
and in either case the petitioner shall deposit such further sum (if any as the court may from time to time direct, to cover the fees and expenses to be incurred by the receiver; and no petition shall be received unless the receipt of the receiver for the deposit payable on the presentation of the petition is produced to the proper officer of the court.
(2) The receiver shall account for the money so deposited to the creditor or, as the case may be, to the debtor's estate, and any sum so paid by a petitioning creditor shall be repaid to such creditor (except and so far such deposit may be required by reason of insufficiency of assets for the payment of the fees of and expenses incurred by the receiver) out of the proceeds of the estate in the priority prescribed by these Rules.
112. Debtor's petition
A debtor's petition in bankruptcy shall not be accepted for filing unless the registrar is satisfied that a certificate has been issued by the receiver showing that the debtor has submitted his statement of affairs in accordance with the provisions of section 16 of the Act.
CREDITOR'S PETITION (rules 113-117)
113. Security for costs
A petitioning creditor who is resident abroad, or whose estate is vested in a trustee under any law relating to bankruptcy, or against whom a petition is pending under the Act, or who has made default in payment of any costs ordered by any court to be paid by him to the debtor, may be ordered to give security for costs to the debtor.
114. Verification and copies
Every creditor's petition shall be verified by affidavit, and when it is filed there shall be lodged with it two or more copies to be sealed and issued to the petitioner.
115. Who to verify
When the petitioning creditor cannot himself verify all the statements contained in his petition, he shall file in support of his petition the affidavit of some person who can depose to them.
116. Joint petitioners
Where a petition is presented by two or more creditors jointly, it shall not be necessary that each creditor shall depose to the truth of all the statements which are within his own knowledge, but it shall be sufficient that each statement in the petition is deposed to by someone within whose knowledge it is.
117. Investigation of petition
After the presentation of a creditor's petition and before sealing the copies of the petition for service, the statements in the petition shall be investigated by the registrar, and where some of the statements in the petition cannot be verified by affidavit, witnesses may be summoned to prove the same.
SERVICE OF CREDITOR'S PETITION (rules 118-122)
118. Personal service
A creditor's petition shall be personally served by delivering to the debtor a sealed copy of the filed petition.
119. Substituted service
A petition shall be served upon the debtor by an officer of the court, or by the creditor or his advocate, or by some person in their employ:
Provided that, if personal service cannot be effected, the court may extend the time for hearing the petition, or if the court is satisfied by affidavit or other evidence on oath that the debtor is keeping out of the way to avoid such service, or service of any other legal process, or that for any other cause prompt personal service cannot be effected, it may order substituted service to be made by delivery of the petition to some adult inmate at his usual or last known residence or place of business, or by registered letter, or in such other manner as the court may direct, and that such petition shall then be deemed to have been duly served on the debtor.
120. Proof of service
Service of the petition shall be proved by affidavit with a sealed copy of the petition attached, which shall be filed in court forthwith after the service.
121. Service out of jurisdiction
Where a debtor petitioned against is not in the United Republic, the court may order service to be made within such time and in such manner and form as it shall think fit.
122. Service after death of debtor
If a debtor against whom a bankruptcy petition has been filed dies before service thereof, the court may order service thereof to be effected on the personal representative of the debtor, or on such other persons as the court may think fit.
INTERIM RECEIVER (rules 123-128)
123. Appointment of interim receiver
After the presentation of petition, upon the application of a creditor or of the debtor himself, and upon proof by affidavit of sufficient grounds for the appointment of the receiver as an interim receiver of the property of debtor, or any part thereof, the court may, if it thinks fit, and upon such terms as may be just, make such appointment.
124. Form and contents of order
Where an order is made appointing the receiver to be interim receiver of the property of the debtor, such order shall bear the number of the petition in respect of which it is made, and shall state the locality of the property of which the receiver is ordered to take possession, and may direct him to take immediate possession of all books of accounts and other papers and documents belonging to the debtor and relating to his business.
125. Deposit
Before any order is issued, the person who has made the application therefor shall deposit with the receiver the sum of four hundred shillings towards the prescribed fee for the receiver, and such further sum as the court shall direct for the expenses which may be incurred by him.
126. Further deposit necessary
If the sum of four hundred shillings, and such further sum so to be deposited for the expenses which may be incurred by the receiver, shall prove to be insufficient, the person on whose application the order has been made shall from time to time deposit with the receiver such additional sum as the court may, on the application of the receiver, from time to time direct; and such sum shall be deposited within twenty-four hours after the making of the order therefor. If such additional sum shall not be so deposited the order appointing the interim receiver may be discharged by the court.
127. Repayment of deposit
If an order appointing an interim receiver is followed by a receiving order, the deposits made by the creditor on whose application such interim receiver was appointed shall be repaid to him (except and so far as such deposits may be required by reason of insufficiency of assets for the payment of the fees chargeable and the expenses incurred by the interim receiver) out of the proceeds of the estate in the order of priority by these Rules.
128. Damages if petition dismissed
Where, after an order has been made appointing an interim receiver, the petition is dismissed, the court shall, upon application to be made within twenty-one days from the date of the dismissal thereof, adjudicate with respect to any damage or claim thereto arising out of the appointment, and shall make such order as the court thinks fit; and such decision or order shall be final and conclusive between the parties, unless the order be appealed from.
HEARING OF PETITION (rules 129-141)
129. Proceedings on petition
(1) Where a petition is filed by a debtor, the court shall, subject to the proviso contained in subsection (1) of section 8 of the Act make a receiving order thereon.
(2) A creditor's petition shall not be heard until the expiration of eight days from the service thereof:
Provided that where the act of bankruptcy alleged is that the debtor has filed a declaration of inability to pay his debts, or where it is proved to the satisfaction of the court that the debtor has absconded, or in any other case for good cause shown, the court may, on such terms, if any, as the court may think fit to impose, hear the petition at such earlier date as the court may deem expedient.
130. Time of hearing
The registrar shall appoint the time and place at which the petition will be heard, and notice thereof shall be written on the petition and sealed copies, and when the petition has not been served the registrar may from time to time alter the first day so appointed, and appoint another day and hour.
131. Several respondents
Where there are more respondents than one to a petition the rules as to service shall be observed with respect to each respondent, but where all the respondents have not been served, the petition may be heard separately or collectively as to the respondent or such of the respondents as has or have been served, and separately or collectively as to the respondents not then served, according as service upon them is effected.
132. Debtor intending to show cause
When a debtor intends to show cause against a petition he shall file a notice with the registrar specifying the statements in the petition which he intends to deny or dispute, and transmit by post to the petitioning creditor and his advocate, if known, a copy of the notice three days before the day on which the petition is to be heard.
133. Non-appearance of debtor
If the debtor does not appear at the hearing, the court may make a receiving of order on such proof of the statements in the petition as the court shall think sufficient.
134. Appearance of debtor to show cause
On the appearance of the debtor to show cause against the petition, the petitioning creditor's debt, and the act of bankruptcy, or such of those matters as the debtor shall have given notice that he intends to dispute, shall be proved, and if any new evidence of those matters or any of them shall be given, or any witness or witnesses to such matters shall not be present for cross-examination, and further time shall be desired to show cause, the court shall, if the application appears to the court to be reasonable, grant such further time as the court may think fit.
135. Non-appearance of creditor
If any creditor neglects to appear on his petition, no subsequent petition against the same debtor or debtors, or any of them, either alone or jointly with any other person, shall be presented by the creditor in respect of the same act of bankruptcy without the leave of the court.
136. Personal attendance of creditor, when dispensed with
The personal attendance of the petitioning creditor and of the witnesses to prove the debt, and act of bankruptcy or other material statements, upon the hearing of the petition may, if the court shall think fit, be dispensed with.
137. Proceedings after trial of disputed question
When proceedings on a petition have been stayed for trial of the question of the validity of the petitioning creditor's debt, and such question has been decided in favour of the validity of the debt, the petitioning creditor may apply to the registrar to fix a day on which further proceedings on the petition may be heard, and the registrar on production of the judgment or an office copy thereof shall give notice to the petitioner by post or otherwise of the time and place fixed for the hearing of the petition, and a like notice to the debtor at the address given in his notice to dispute, and also to their respective advocates, if known.
138. Application to dismiss
When proceedings on a petition have been stayed for the trial of the question of the validity of the petitioning creditor's debt, and such question has been decided against the validity of the debt, the debtor may apply to the registrar to fix a day on which he may apply to the court for the dismissal of the petition with costs, and the registrar, on the production of the judgment or an office copy thereof, shall give notice to both the petitioner and debtor (or to their respective advocates, if known) by post or otherwise of the time and place fixed for the hearing of the application.
139. Application for extension of time
An application for an extension of time for hearing a petition shall be in writing, but need not be supported by affidavit unless in any case the court shall otherwise require.
140. Order for extension of time
On an application for an extension of time for the hearing of a petition, no order shall be made for an extension beyond fourteen days from the days fixed for the hearing of the petition, unless the court is satisfied that such extension of time will not be prejudicial to the general body of creditors. Any costs occasioned by such application shall not be allowed out of the estate unless so ordered by the court.
141. Adjournments of hearing
After the expiration of one month from the day appointed for the first hearing of a petition (provided such petition shall have been duly served) no further adjournment of the hearing merely by consent of the parties shall be allowed, except for the reasons set forth in rule 134 of these Rules, or for such other sufficient reason to be stated in the order for adjournment as the court thinks fit; but in every such case, unless an order for adjournment is made, the court shall either make a receiving order or dismiss the petition.
RECEIVING ORDER (rules 142-152)
142. Contents
When a receiving order is made on a creditor's petition there shall be stated in the receiving order the nature and date or dates of the act or acts of bankruptcy upon which the order has been made. Every order shall contain at the foot thereof a notice requiring the debtor to attend on the receiver forthwith on the service thereof at the place mentioned therein.
143. Preparation
Every receiving order, and order for the appointment of the receiver as interim receiver of a debtor's property, shall be prepared or, if otherwise prepared, settled by the registrar and, in cases in which printed forms can be conveniently used, may be partly in print and partly in writing. When the petitioner is represented by an advocate the receiving order shall be indorsed with the name and address of such advocate.
144. Transmission of copy to receiver
A copy of every receiving order, and order for the appointment of the receiver as interim receiver of the debtor's property, sealed with the seal of the court, shall forthwith be sent by post or otherwise by the registrar to the receiver.
145. Service of receiving order
The registrar shall cause a copy of the receiving order sealed with the seal of the court to be served on the debtor.
146. Service where debtor abroad
Where a debtor against whom a receiving order has been made is not in Tanzania, the court may order service on the debtor of the receiving order, order of adjudication, order to attend the public examination or any adjournment thereof, or of any other order made against, or summons issued for the attendance of the debtor, to be made within such time and in such manner and form as it shall think fit.
147. Receiving order on bankruptcy notice
A receiving order shall not be made against the debtor on a petition in which the act of bankruptcy alleged is non-compliance with a bankruptcy notice within the appointed time, where such debtor has applied to set aside such notice until after the hearing of the application, or where the notice has been set aside, or during a stay of the proceedings thereon; but in such case the petition shall be adjourned or dismissed as the court may think fit.
148. Stay of proceedings
There may be included in a receiving order an order staying any action or proceeding against the debtor or staying proceedings generally.
149. Advertisement
Where a receiving order is made the receiver shall forthwith send notice thereof for insertion in the Gazette and in one of the local newspapers.
150. Costs of petition, etc.
(1) The costs of all proceedings under the Act, down to and including the making of receiving order, shall be borne by the party prosecuting the same, unless the court shall order that the debtor shall pay the whole or any part of them or, in the case of a receiving order being made on a debtor's petition while a creditor's petition against such debtor is pending, that they shall be paid out of the estate. When a receiving order is made on a creditor's petition the costs of the petitioning creditor (including the costs of the bankruptcy notice (if any) sued out by him) shall be taxed and be payable out of the estate.
(2) When the proceeds of the estate are not sufficient for the payment of any costs necessarily incurred by the receiver (in excess of the deposit) between the making of a receiving order and the conclusion of the first meeting of creditors, the court may order such costs to be paid by the party prosecuting the proceedings.
151. Notice of application to rescind receiving order, etc.
An application to the court to rescind a receiving order or to stay proceedings thereunder, or to annul an adjudication, shall not be heard except upon proof that notice of the intended application, and a copy of the affidavits in support thereof, have been duly served upon the receiver. Unless the court gives leave to the contrary, notice of any such application shall be served on the receiver not less than seven days before the day named in the notice for hearing the application. Pending the hearing of the application, the court may make an interim order staying such of the proceedings as it thinks fit.
152. Report by receiver where ground of application to rescind receiving order or annul adjudication is debt paid in full
(1) When an application is made to the court to rescind a receiving order or annul an order of adjudication on the ground that the debts of the debtor have been paid in full, the receiver shall make and file, four days before the day appointed for hearing the application, a report as to the debtor's conduct and affairs (including a report as to his conduct during the proceedings), and the court on the hearing of the application shall hear and consider such report and such further evidence as may be adduced by any party and any objections which may be made by or on behalf of the trustee (if any) or any creditor whom the court may order to be served with notice of the application or may permit to appear thereon. For the purposes of the application the report shall be prima facie evidence of the statements therein contained.
(2) For the purposes of this rule the expression "creditor" includes all creditors mentioned in the debtor's statement of affairs or who have notified to the receiver or trustee that they have, or at the date of the receiving order had, claims against the debtor.
STATEMENT OF AFFAIRS (rules 153-154)
153. Statements of affairs: How made out
Every debtor shall be furnished by the receiver with instructions for the preparation of his statement of affairs. The statement of affairs shall be made out in duplicate, and one copy shall be verified. The receiver shall file in court the verified statement of affairs submitted to him by the debtor.
154. Extension of time
Where any debtor requires any extension of the time for the filing by him of his statement of affairs he shall apply to the receiver, who may, if he thinks fit, give a written certificate extending such time, which certificate shall be filed, and shall render an application to the court under section 16 of the Act unnecessary.
PUBLIC EXAMINATION (rules 155-163)
155. Time for holding public examination
When a receiving order has been made against a debtor, it shall be the duty of the receiver to make an application to the court to appoint a day and hour for holding the public examination of the debtor and, upon such application being made, the court shall, by an order, appoint the day and hour for such public examination, and shall order the debtor to attend the court upon such day and at such hour.
156. Default by debtor in attending
If the debtor fails to attend the public examination at the time and place appointed by any order for holding or proceeding with the same, and no good cause in shown by him for such failure, it shall be lawful for the court, upon its being proved to the satisfaction of the court that the order requiring the debtor to attend the public examination was duly served, and without any further notice to the debtor, to issue a warrant for his arrest as provided by section 26(1)(d) of the Act, or to make such other order as the court shall think just.
157. Notice to creditors
When any order is made appointing the time and place for holding the public examination of a debtor, the registrar shall serve a copy thereof on the debtor, and the receiver shall give to the creditors notice of such order, and of the time and place appointed thereby, and also forward notice of such order to be gazetted and advertised.
158. General proxy-holders may question debtor
The holder of a general proxy or general power of attorney from a creditor who has tendered a proof may question the at his public examination concerning debtor his affairs and the causes of his failure.
159. Adjournments sine die
Where the court is of opinion that a debtor is failing to disclose his affairs, or where the debtor has failed to attend the public examination or any adjournment thereof, or where the debtor has not complied with any order of the court in relation to his accounts, conduct, dealings and property, and no good cause is shown by him for such failure the court may adjourn the public examination sine die, and may make such further or other order as the court shall think fit.
160. Application to proceed
The court may on the application either of the receiver or of the debtor appoint a day for proceeding with a public examination which has been adjourned sine die.
161. Proceedings after adjournment sine die
Where an examination has been adjourned sine die, and the debtor desires to have a day appointed for proceeding with his public examination the expenses of gazetting, advertising and giving notice to creditors of the day to be appointed for proceedings with such examination shall, unless the receiver or trustee, as the case may be, consents to the costs being paid out of the estate, be at the cost of the debtor, who shall before any day is appointed for proceeding with the public examination deposit with the receiver such sum as the receiver shall think sufficient to defray the expenses aforesaid. The balance of the deposit, after defraying the expenses aforesaid, shall be returned to the debtor.
162. Notice of proceedings after adjournment sine die
In any case in which a public examination has been adjourned sine die, and the court afterwards makes an order for proceedings with such public examination, notice to creditors of the time and place appointed for proceedings with such public examination shall be sent by the receiver, and notice shall also be inserted in the Gazette fourteen days before the day appointed.
163. Public examination of debtor who is a lunatic, etc.
(1) An application for an order dispensing with the public examination of a debtor, or directing that the debtor be examined in some manner or at some place other than is usual, on the ground that the debtor is a lunatic, or suffers from mental or physical affliction or disability rendering him unfit to attend a public examination, may be made by the receiver, or by any person who has been appointed by any court having jurisdiction so to do to manage the affairs of or represent the debtor, or by any relative or friend of the debtor who may appear to the court to be a proper person to make the application.
(2) Where the application is made by the receiver, it may be made ex parte, and the evidence in support of the application may be given by a report of the receiver to the court, the contents of which report shall be received as prima facie evidence of the matters therein stated.
(3) Where the application is made by some person other than the receiver, it shall be made by motion, of which notice shall be given to the receiver and trustee (if any), and shall, except in the case of a lunatic so found by inquisition, be supported by an affidavit of a duly registered medical practitioner as to the physical and mental condition of the debtor.
(4) Where the order is made on the application of the receiver, the expense of holding the examination shall be deemed to be an expense incurred by the receiver within the meaning of rule 90. Where the application is made by any other person, he shall, before any order is made on the application, deposit with the receiver such sum as the receiver shall certify to be necessary for the expenses of the examination.
COMPOSITION OR SCHEME (rules 164-183)
164. Forms where proposal submitted by the debtor
Where a debtor intends to submit a proposal for a composition or scheme, the prescribed forms of proposal, notice and report shall be used by the receiver for the purpose of the meeting of creditors for consideration of the proposal.
165. Application by debtor or receiver for approval of the Court
Where the creditors have accepted a composition or scheme, and the public examination of the debtor has been concluded, the receiver or the debtor may forthwith apply to the court to fix a day for the hearing of an application for the approval of such composition or scheme. The receiver shall not, by making such application, be deemed necessarily to approve of the composition or scheme.
166. Notice to receiver
Any person other than the receiver who applies to the court to approve a composition or scheme shall, not less than ten days before the day appointed for hearing the application, send notice of the application to the receiver.
167. Notice to creditors
Where application is made to the court to approve a composition or scheme, the receiver shall, not less than three days before the day appointed for hearing the application, send notice of the application to every creditor who has proved his debt.
168. Receiver's report to be filed
In every case of an application to the court to approve a composition or scheme, the report of the receiver shall be filed not less than four days before the time fixed for hearing the application.
169. Hearing and appeal
On the hearing of any application to the court to approve a composition or scheme, the court shall, in addition to considering the report of the receiver, hear the receiver and the trustee (if any) thereon, and an appeal to the Court of Appeal shall lie at the instance of the receiver, or of the trustee (if any) from any order of the court made upon such an application.
170. Costs of application by debtor
No costs incurred by a debtor, of or incidental to an application to approve a composition or scheme, shall be allowed out of the estate if the court refuses to approve the composition or scheme.
171. Evidence and order
(1) The court before approving a composition or scheme shall, in addition to investigating the other matters as required by the Act, require proof that the provisions of section 18(1) and (2) of the Act have been complied with.
(2) The registrar shall forthwith cause a notice of every order made on an application to approve a composition or scheme to be gazetted.
172. Provision in composition or scheme for costs and charges
Where a composition or scheme has been duly accepted by the creditors, such composition or scheme shall not be approved by the court unless the court is satisfied, on the report of the receiver, that provision is made for payment of all proper costs, charges and expenses of and incidental to the proceedings, and all fees and percentages payable to the receiver under the scale of fees and percentages in force for the time being.
173. Fee on application
The fee prescribed to be charged for and in respect of an application to the court to approve a composition or scheme may be allowed and paid out of the estate of the debtor in any case in which there are sufficient funds in the hands of the receiver or trustee, as the case may be, available for the purpose.
174. Correction of formal slips, etc.
At the time a composition or scheme is approved, the court may correct or supply any accidental or formal slip, error or omission therein, but no alteration in the substance of the composition or scheme shall be made.
175. Proceedings if scheme approved
When a composition or scheme is approved, the receiver shall, on payment of all costs, charges and expenses of and incidental to the proceedings, and all fees and percentages payable to the receiver, forthwith put the debtor (or, as the case may be, the trustee under the composition or scheme, or the other person or persons to whom under the composition or scheme the property of the debtor is to be assigned) into possession of the debtor's property. The court shall also discharge the receiving order.
176. Cases in which receiver is to be trustee
In every case of a composition or scheme in which a trustee is not appointed, or, if appointed, declines to act, or becomes incapable of acting, or is removed, the receiver shall, unless and until another trustee is appointed by the creditors, be the trustee for the purpose of receiving and distributing the composition, or for the purpose of administering the debtor's property, and carrying out the terms of the composition or scheme, as the case may be.
177. Security by trustee under composition or scheme
Where under a composition or scheme a trustee is appointed, he shall, after the composition or scheme has been approved by the court, give security to the satisfaction of the court in like manner as if he were a trustee in bankruptcy. If the trustee fails to give such security within the time required he may be removed by the court.
178. Default in payment of composition
Where a composition or scheme has been approved, and default is made in any payment thereunder either by the debtor or the trustee (if any), no action to enforce such payment shall lie, but the remedy of any person aggrieved shall be by application to the court.
179. Vesting of property on annulment of composition
Where a composition or scheme is annulled, the property of the debtor shall, unless the court otherwise directs forthwith vest in the receiver without any special order being made or necessary.
180. Annulment of composition or scheme
Where a composition or scheme is annulled, the trustee under the composition or scheme shall account to the trustee under the bankruptcy for any money or property of the debtor which has come to his hands, and pay or deliver over to the said trustee any money or property which has not been duly administered.
181. Dividends under composition or scheme
Where under any composition or scheme provision is made for the payment of any moneys to creditors entitled thereto, and any claim, in respect of which a proof has been lodged, is disputed, the court may, if it thinks fit, direct that the amount which would be payable upon such claim, if established, shall be secured in such manner as the court directs, until the determination of the claim so disputed, and on the determination thereof, the sum so secured shall be paid as the court may direct.
182. Proof of debts in composition or scheme
Every person claiming to be a creditor under any composition or scheme, who has not proved his debt before the approval of such composition or scheme, shall lodge his proof with the trustee thereunder, if any, or, if there is no such trustee, with the receiver, who shall admit or reject the same. And no creditor shall be entitled to enforce payment of any part of the sums payable under a composition or scheme unless and until he has proved his debt and his proof has been admitted.
183. Compositions and schemes under section 18
All rules relating to compositions or schemes shall apply to compositions or schemes under section 18 of the Act, and so far as applicable, also to compositions or schemes under section 23 of the Act.
ADJUDICATION (rules 184-189)
184. Adjudication on application of debtor
At the time of making a receiving order, or at any time thereafter, the court may, on the application of the debtor himself, adjudge him a bankrupt. Such application may be made orally and without notice.
185. Adjudication on application of other parties
When a receiving order has been made, and a quorum of creditors do not attend at the time and place appointed for the first meeting, or one adjournment thereof, or where the receiver satisfies the court that the debtor has absconded, or that the debtor does not intend to propose a composition or scheme, or in any of the other cases mentioned in the Act, the court may, either on the application of a creditor or of the receiver, forthwith adjudge the debtor bankrupt.
186. Adjudication or failure of composition or scheme
Where a composition or scheme is not accepted by the creditors at the first meeting or at one adjournment thereof, the court may, on the application of the receiver or of any person interested, adjudge the debtor bankrupt.
187. Adjudication where public examination adjourned sine die
Where the public examination of a debtor is adjourned sine die and the debtor has not previously been adjudged bankrupt, the court may forthwith, and without any notice to the debtor, adjudge him bankrupt.
188. Notice of order of adjudication
When a debtor is adjudged bankrupt, notice thereof shall be advertised and gazetted, in the like manner as is provided in the case of a receiving order.
189. Order annulling adjudication
(1) When an adjudication is annulled the registrar shall forthwith cause the annulment to be gazetted.
(2) The order of the court annulling an adjudication shall not relieve a trustee from the liability imposed on trustees by the Act and Rules to account to the court for all transactions of such trustee in connection with the estate.
DISCHARGE (rules 190-202)
190. Application
A bankrupt intending to apply for his discharge shall produce to the registrar a certificate from the receiver specifying the number of his creditors of whom the receiver has notice (whether they have proved or not). The registrar shall, not less than twenty-eight days before the day appointed for hearing the application, give notice of the time and place of the hearing of the application to the receiver and trustee. The registrar shall forthwith cause a copy of such notice to be gazetted, and the receiver shall send a copy of such notice to each creditor not less than fourteen days before the day so appointed.
191. Appeals
An appeal to the Court of Appeal shall lie at the instance of the receiver, and at the instance of the trustee (if any) from any order of the court made upon such an application.
192. Report of receiver
In every case of an application by a bankrupt for his discharge, the receiver shall file his report and send a copy thereof to the bankrupt by registered post or otherwise not less than fourteen days before the time fixed for hearing the application.
193. Evidence in answer to report
When a bankruptcy intends to dispute any statement with regard to his conduct and affairs contained in the receiver's report, he shall, not less than two days before the hearing of the application for discharge, file in court a notice in writing, specifying the statements in the report, if any, which he proposes at the hearing to dispute and serve a copy of the notice upon the receiver. Any creditor who intends to oppose the discharge of a bankrupt on grounds other than those mentioned in the receiver's report, shall, not less than two days before the hearing of the application, file in court a notice in writing of the intended opposition stating the grounds thereof and serve a copy of the notice upon the receiver and upon the bankrupt.
194. Costs of application
A bankrupt shall not be entitled to have any of the costs of or incidental to his application for his discharge allowed to him out of his estate. This rule shall not apply to costs of a successful appeal from a refusal to grant a discharge.
195. Orders conditional consent to judgment
(1) When the court grants an order of discharge conditionally upon the bankrupt consenting to judgment being entered against him by the receiver or trustee for the balance or any part of the balance of the debts provable under the bankruptcy which is not satisfied at the date of his discharge, the order of discharge shall not be signed, completed, or delivered out until the bankrupt has given the required consent. The judgment shall be entered in the court having jurisdiction in the bankruptcy in which the order of discharge is granted.
(2) A return shall be made forthwith to the registrar of any judgment so entered in a subordinate court.
(3) If the bankrupt does not give the required consent within one month of the making of the conditional order, the court may, on the application of the receiver or trustee, revoke the order or make such other order as the court may think fit.
196. Order
The order of the court made on an application for discharge shall be dated on the day on which it is made, and shall take effect from the day on which the order is drawn up and signed; but such order shall not be delivered out or gazetted until after the expiration of the time allowed for appeal, or, if an appeal be entered, until after the decision of the Court of Appeal thereon.
197. Gazetting order
When the time for appeal has expired or, as the case may be, when the appeal has been decided by the Court of Appeal, the registrar shall forthwith cause a notice of the order to be gazetted.
198. Execution on judgment in case of conditional discharge
(1) An application by the receiver or trustee for leave to issue execution on a judgment entered pursuant to a conditional order of discharge shall be in writing and shall state shortly the grounds on which the application is made. When the application is lodged, the registrar shall fix a day for the hearing.
(2) The receiver or trustee shall give notice of the application to the debtor not less than eight days before the day appointed for the hearing and shall at the same time furnish him with a copy of the application.
199. Accounts of after-acquired property
When a bankrupt is discharged subject to the condition that judgment shall be entered against him, or subject to any other condition as to his future earnings or after-acquired property, it shall be his duty until such judgment or condition is satisfied, from time to time to give the receiver such information as he may require with respect to his earnings and after-acquired property and income, and not less than once a year to file in the court a nil return or a statement showing the particulars of any property or income he may have acquired subsequent to his discharge, as the case may be.
200. Verification of statements of after-acquired property
Any nil return or statement of after-acquired property or income filed by a bankrupt whose discharge has been granted subject to conditions, shall be verified by affidavit, and the receiver or trustee may require the bankrupt to attend before the court to be examined on oath with reference to the statements contained in such affidavit as to his earnings income, after-acquired property, or dealings. Where a bankrupt neglects to file such affidavit or to attend the court for examination when required so to do, or properly to answer all such questions as the court may put or allow to be put to him, the court may, on the application of the receiver or trustee, rescind the order of discharge.
201. Application for modification of order
Where, after the expiration of two years from the date of any order made upon a bankrupt's application for discharge, the bankrupt applies to the court to modify the terms of the order on the ground that there is no reasonable probability of his being in a position to comply with the terms of such order, he shall give fourteen day's notice of the day fixed for hearing the application to the receiver and to all his creditors.
202. Application for leave to act as director of company
(1) Where a bankrupt intends to apply for leave to act as director or take part in the management of a company, he shall serve upon the official receiver notice of the intended motion and a copy of the affidavit in support thereof, and shall apply to the court to fix a day for the hearing of the motion.
(2) The registrar shall, not less than twenty-eight days before the day fixed for the hearing, give notice to the official receiver of the time and place fixed for the hearing.
(3) The official receiver shall make a report to the court and send a copy thereof to the bankrupt by registered post not less than seven days before the date fixed for the hearing.
(4) The bankrupt shall, not less than two days before the day fixed for the hearing, file in court a notice in writing specifying what statements (if any) in the report he intends to dispute, and serve a copy of the notice (if any) upon the official receiver.
(5) An appeal to the Court of Appeal from an order made on the motion shall lie at the instance of the bankrupt or of the official receiver.
MEETINGS OF CREDITORS (rules 203-211)
203. Notice to debtor of first meeting
The receiver shall give three days' notice to the debtor of the time and place appointed for the first meeting of creditors. The notice may be either delivered to him personally or sent to him by prepaid post letter, as may be convenient. It shall nevertheless be the duty of the debtor to attend such first meeting although the notice is not sent to or does not reach him.
204. Notice to creditors of first meeting
The receiver shall fix the day for the first meeting and shall forthwith cause the same to be gazetted, and shall also give notice to the creditors.
205. Notices of other meetings
The notices of subsequent meetings shall be issued to creditors by the receiver or trustee. Where no special time is prescribed the notices shall be sent off not less than three days before the day appointed for the meeting.
206. Non-reception of notice by creditors
Where a meeting of creditors is called by notice, the proceedings had and resolutions passed at such meeting shall, unless the court otherwise orders, be valid, notwithstanding that some creditors shall not have received the notice sent to them.
207. Notice to receiver
Where a trustee summons a meeting of creditors he shall send the receiver a copy of the notice convening the meeting.
208. Proof of notice
A certificate by the receiver or other officer of the court or by the clerk of any such person, or an affidavit by the trustee or his advocate or by the clerk of either such persons, that the notice of any meeting of creditors or sitting of the court has been duly posted, shall be sufficient evidence of such notice having been duly sent to the person to whom the same was addressed.
209. Copy of resolution for registrar
The receiver or, as the case may be, the trustee, shall send to the registrar a copy, certified by him of every resolution of a meeting of creditors.
210. Adjournment
Where a meeting of creditors is adjourned, the adjourned meeting shall be held at the same place as the original place of meeting, unless in the resolution for adjournment another place is specified.
211. Quorum
In calculating a quorum of creditors present at a meeting, those persons only who are entitled to vote at the meeting shall be reckoned.
PROOF OF DEBTS (rules 212-224)
212. Swearing of proof
An affidavit of proof of debt may be sworn before the receiver or any clerk of the receiver duly authorised by the court in that behalf.
213. Workmen's wages
(1) In any case in which it shall appear from the debtor's statement of affairs that there are numerous claims for wages by workmen and others employed by the debtor, it shall be sufficient if one proof for all such claims is made either by the debtor, or his foreman, or some other person on behalf of all such creditors. Such proof shall have annexed thereto, as forming part thereof, a schedule setting forth the names of the workmen and others, and the amounts severally due to them. Any proof made in compliance with this rule shall have the same effect as if separate proofs had been made by each of the said workmen and others.
(2) The provisions of part (1) of this rule shall also apply, mutatis mutandis, to the case of claims in respect of money deposited by natives with the debtor for safe custody, whether the debtor held himself out as a banker or not.
214. Production of bills of exchange and promissory notes
Where a creditor seeks to prove in respect of a bill of exchange, promissory note or other negotiable instrument or security on which the debtor is liable, such bill of exchange, note, instrument or security must, subject to any special order of the court made to the contrary be produced to the receiver, chairman of a meeting, or trustee, as the case may be, before the proof can be admitted either for voting or for dividend.
215. Time for lodging of proofs
A proof intended to be used at the first meeting of creditors shall be lodged with the receiver not later than the time mentioned for that purpose in the notice convening the meeting, which time shall not be earlier than twelve o'clock at noon of the day but one before, nor later than twelve o'clock at noon of the day before, the day appointed for such meeting. A proof intended to be used at an adjournment of the first meeting (if not lodged in time for the first meeting) must be lodged not less than twenty-four hours before the time fixed for holding the adjourned meeting.
216. Transmission of proofs to trustee
Where a trustee is appointed in any matter, all proofs of debts that have been received by the receiver shall be handed over to the trustee, but the receiver shall first make a list of such proofs, and take a receipt thereon from the trustee for such proofs.
217. Proofs to be sent by receiver to registrar
The receiver, when no other trustee is appointed, shall forthwith after the final payment has been made in a composition or scheme of arrangement duly approved by the court, and in a bankruptcy after a final dividend has been declared, sent to the registrar all proofs tendered in the proceedings, with a list thereof certified to be correct, distinguishing in such list the proofs which were wholly or partly admitted, and the proofs which were wholly or partly rejected.
218. Proofs to be sent by trustee to receiver
Every trustee in bankruptcy, other than the receiver, shall, on the first day of every month, send to the receiver a certified list of all proofs, if any, received by him from the receiver, or otherwise tendered during the month next preceding, distinguishing in such lists the proofs admitted, those rejected, and such as stand over for further consideration; and in the case of proofs admitted or rejected, he shall transmit to the receiver the proofs themselves for the purpose of being filed when called upon to do so.
219. Procedure when creditor appeals
The receiver or, as the case may be, the trustee, shall within three days after receiving notice from a creditor of his intention to appeal against a decision rejecting a proof, file such proof with the registrar with a memorandum thereon of his disallowance thereof. After the appeal has been heard by the court, the proof, unless wholly disallowed, shall be given back to the receiver or trustee, as the case may be.
220. Time for admission or rejection of proofs by receiver
Subject to the power of the court to extend the time, the receiver, as trustee, not later than fourteen days from the latest date specified in the notice of his intention to declare a dividend, as the same time within which such proofs must be lodged, shall, in writing, either admit or reject wholly or in part every proof lodged by him, or require further evidence in support thereof.
221. Time for admission or rejection of proofs by trustee
Subject to the power of the court to extend the time, the trustee, other than the receiver, within twenty-eight days after receiving a proof which has not been previously dealt with by the receiver shall, in writing, either admit or reject it wholly or in part, or require further evidence in support thereof:
Provided that where the trustee has given notice of his intention to declare a dividend, he shall, within fourteen days after the date mentioned in such notice as the latest date up to which proofs must be lodged, examine and in writing admit or reject every proof which has not been already admitted or rejected, and given notice of his decision rejecting a proof wholly or in part to the creditor affected thereby.
222. Notice of admission of proof
Where a creditor's proof has been admitted, the notice of dividend shall be sufficient notification to such creditor of such admission.
223. Appeal from rejection of proof
Subject to the power of the court to extend the time, no application to reserve or vary the decision of the receiver or trustee in rejecting a proof shall be entertained after the expiration of twenty-one days from the date of the decision complained of.
224. Costs of appeal from decision as to proofs
The receiver shall in no case be personally liable for costs in relation to an appeal from his decision rejecting any proof wholly or in part.
PROXIES AND VOTING LETTERS (rules 225-228)
225. Form and filing of proxies
(1) A proxy shall be lodged with the receiver or trustee not later than four o'clock on the day before the meeting or adjourned meeting at which it is to be used.
(2) As soon as a proxy or voting letter has been used it shall be filed with the proceedings in the matter.
226. Signature of proxy
A proxy given by a creditor shall be deemed to be sufficiently executed if it is signed by any person in the employ of the creditor having a general authority to sign for such creditor, or by the authorised agent for such creditor if resident abroad; such authority shall be in writing, and shall be produced to the receiver, if required.
227. Filling in when creditor blind, etc.
The proxy of a creditor who is blind or incapable of writing may be accepted if such creditor has attached his signature or mark thereto in the presence of a witness, who shall add to his signature his description and residence; and provided that all insertions in the proxy are in the handwriting of the witness, and such witness shall have certified at the foot of the proxy that all such insertions have been made by him at the request of the creditor and in his presence before he attached his signature or mark.
228. Minors not to be proxies
No person shall be appointed a general or special proxy who is a minor.
DIVIDENDS (rules 229-232)
229. Notice of intention to declare dividend
(1) Not more than two months before declaring a dividend, the trustee shall give notice of his intention to do so to such of the creditors mentioned in the bankrupt's statement of affairs as have not proved their debts. Such notice shall specify the latest date up to which proofs must be lodged, which shall be not less than fourteen days from the date of such notice. The trustee shall also cause such notice to be gazetted.
(2) Where any creditor, after the date mentioned in the notice of intention to declare a dividend as the latest date upon which proof may be lodged, appeals against the decision of the receiver or trustee rejecting a proof, such appeal shall, subject to the power of the court to extend the time in special cases, be commenced, and notice thereof given to the receiver or trustee within seven days from the date of the notice of the decision against which the appeal is made, and the receiver or trustee shall in such case make provision for the dividend upon such proof, and the probable costs of such appeal in the event of the proof being admitted. Where no appeal has been commenced within the time specified in this rule, the trustee shall exclude all proofs which have been rejected from participation in the dividend.
(3) Immediately after the expiration of the time fixed by this rule for appealing against the decision of the receiver or trustee, the trustee shall proceed to declare a dividend, and shall cause the same to be gazetted, and shall also send a notice of dividend to each creditor whose proof has been admitted, accompanied by a statement showing the position of the estate.
(4) If it becomes necessary, in the opinion of the trustee and the committee of inspection, to postpone the declaration of the dividend beyond the prescribed limit of two months, the trustee shall cause a fresh notice of his intention to declare a dividend to be forthwith gazetted; but it shall not be necessary for such trustee to give a fresh notice to such of the creditors mentioned in the bankrupt's statement of affairs as have not proved their debts. In all other respects the same procedure shall follow the fresh notice as would have followed the original notice.
230. Production of bills, notes, etc.
Subject to the provisions of section 70 of the Bills of Exchange Act *, or of any enactment amending or substituted for the same, and subject to the power of the court in any case on special grounds to allow production to be dispensed with, every bill of exchange, promissory note or other negotiable instrument or security, upon which proof has been made, shall be exhibited to the trustee before payment of dividend thereon, and the amount of dividend paid shall be indorsed on the instrument.
231. Dividend may be sent by post
The amount of the dividend may, at the request and risk of the creditor, be transmitted to him by post.
232. Payment of dividends to a nominee
If a person to whom dividends are payable desires that they be paid to some other person, he may lodge with the trustee a request to that effect which shall be a sufficient authority for payment of the dividend to the person therein named.
APPROPRIATION OF PAY, SALARY, PENSIONS, ETC. (rules 233-236)
233. Notice to bankrupt of application
When a trustee intends to apply to the court for an appropriation order under section 55 of the Act, he shall give to the bankrupt notice of his intention so to do. Such notice shall specify the time and place fixed for hearing the application, and shall state that the bankrupt is at liberty to show cause against such order being made.
234. Notice to head of department
When the application is made under section 55(1) of the Act, a copy of the proposed order shall be sent by the registrar to the head of the department under which the pay or salary is enjoyed, and the application shall stand adjourned until the consent of such head of department is obtained as required by the Act.
235. Copy of order to department
Where an order is made under section 55(2) of the Act, the registrar shall give to the trustee a sealed copy of the order, who shall communicate the same to the head of the department or other person under whom the pay, half-pay, salary, income, emolument, pension or compensation is enjoyed.
236. Review of order
Where an order has been made for the payment by a bankrupt, or by his employer for the time being, of a portion of his income or salary, the bankrupt may, upon his ceasing to receive a salary or income of the amount he received when the order was made, apply to the court to rescind the order or to reduce the amount ordered to be paid by him to the trustee.
DISCLAIMER OF LEASE (rules 237-238)
237. Disclaimer of lease
(1) A lease may be disclaimed without the leave of the court in any of the following cases:
(a) when the bankrupt has not sub-let the demised premises or any part thereof or created a mortgage or charge thereon; and–
(i) the rent reserved and real value of the property leased are less than four hundred shillings per annum; or
(ii) the estate is administered under the provisions of section 119 of the Act; or
(iii) the trustee serves the lessor with notice of his intention to disclaim, and the lessor does not, within seven days after the receipt of such notice, give notice to the trustee requiring the matter to be brought before the court;
(b) where the bankrupt has sub-let the demised premises or created a mortgage or charge upon the lease, and the trustee serves the lessor and the sub-lessee or the mortgagees with a notice of his intention to disclaim, and neither the lessor nor the sub-lessee nor the mortgagees, or any of them, within fourteen days after the receipt of such notice requires or require the matter to be brought before the court.
(2) Except as provided by this rule the disclaimer of a lease without the leave of the court shall be void.
238. Procedure on disclaimer
(1) Where the trustee disclaims a leasehold interest, he shall forthwith file the disclaimer with the proceedings in the court; and the disclaimer shall contain particulars of the interest disclaimed, and a statement of the persons to whom notice of disclaimer has been given. Until the disclaimer is filed by the trustee the disclaimer shall be inoperative.
(2) Where, in pursuance of notice by the trustee of his intention to disclaim a leasehold interest, the lessor, sub-lessee or mortgagee requires the trustee to apply to the court for leave to disclaim, the costs of the lessor, sub-lessee or mortgagee shall not be allowed out of the estate of the bankrupt, except in cases in which the court is satisfied that such application was necessary in order to do justice between the parties.
(3) A disclaimer made without leave of the court under the preceding rule shall not be void or otherwise affected on the ground only that the notice required by such rule has not been given to some person who claims to be interested in the demised property.
(4) Where any person claims to be interested in any part of the property of the bankrupt burdened with onerous covenants, he shall, at the request of the receiver or trustee, furnish a statement of the interest claimed by him.
PROCEEDINGS BY OR AGAINST FIRM (rules 239-251)
239. Attestation of firm signature
Where any notice, declaration, petition or other document requiring attestation is signed by a firm of creditors or debtors in the firm name, the partner signing for the firm shall add also his own signature, for example "Brown and Co., by James Green, a partner in the said firm".
240. Service on firm
Any notice or petition for which personal service is necessary shall be deemed to be duly served on all the members of a firm if it is served at the principal place of business of the firm in the United Republic, on any one of the partners, or upon any person having at the time of service the control or management of the partnership business there.
241. Service on individual carrying on business in name or style other than his own
The provisions of the last preceding rule shall, so far as the nature of the case will admit, apply in the case of any person carrying on business within the jurisdiction in a name or style other than his own.
242. Debtor's petition by firm
Where a firm of debtors file a declaration of inability to pay their debts or a bankruptcy petition, it shall contain the names in full of the individual partners, and if such declaration or petition is signed in the firm name the declaration or petition shall be accompanied by an affidavit made by the partner who signs the declaration or petition, showing that all the partners concur in its filing.
243. Receiving order against firm
A receiving order made against a firm shall operate as if it were a receiving order made against each of the persons who at the date of the order is a partner in that firm.
244. Statement of affairs
In cases of partnership the debtors shall submit a statement of their partnership affairs, and each debtor shall submit a statement of his separate affairs.
245. Adjudication against partners
No order of adjudication shall be made against a firm in the firm name, but it shall be made against the partners individually.
246. First meeting
Where a receiving order is made against a firm, the joint and separate creditors shall collectively be convened to the first meeting of creditors.
247. Acceptance of competition, etc., by joint and separate creditors
The joint creditors, and each set of separate creditors, may severally accept compositions of schemes of arrangement. So far as circumstances will allow, a proposal accepted by joint creditors may be approved in the prescribed manner, notwithstanding that the proposals or proposal of some or one of the debtors made to their or his separate creditors may not be accepted.
248. Voting on composition
Where proposals for composition or schemes are made by a firm, and by the partners therein individually, the proposal made to the joint creditors shall be considered and voted upon by them apart from every set of separate creditors; and the proposal made to each separate set of creditors shall be considered and voted upon by such separate set of creditors, apart from all other creditors. Such proposals may vary in character and amount. Where a composition or scheme is approved, the receiving order shall be discharged only so far as it relates to the estate, the creditors of which have accepted the composition or scheme.
249. Adjudication trustee
On the adjudication in bankruptcy of a partnership, the trustee appointed by the joint creditors, or by the court under section 21(5) or section 80(3) of the Act, as the case may be, shall be the trustee of the separate estates. Each set of creditors may appoint its own committee of inspection, but if any set of separate creditors do not appoint a separate committee, the committee (if any) appointed by the joint creditors shall be deemed to have been appointed also by such separate creditors.
250. Separate firms
If any two or more of the members of a partnership constitute a separate and independent firm, the creditors of such last-mentioned firm shall be deemed to be a separate set of creditors, and to be on the same footing as the separate creditors of any individual member of the firm. And where any surplus shall arise upon the administration of the assets of such separate or independent firm, the same shall be carried over to the separate estates of the partners in such separate and independent firm according to their respective rights therein.
251. Apportionment of trustee's remuneration
Where joint and separate estates are being administered, the remuneration of the trustee in respect to the administration of the joint estate may be fixed by the creditors, or (if duly authorised) by the committee of inspection of such joint estate, and the remuneration of the trustee in respect of the administration of any separate estate may be fixed by the creditors, or (if duly authorised) by the committee of inspection of such separate estate.
LUNATICS (rule 252)
252. Lunatics
(1) Where it appears to the court that any debtor or creditor or other person who may be affected by any proceeding under the Act or Rules is a lunatic not so found by inquisition (hereinafter called "the lunatic"), the court may appoint such person as it may think fit to appear for, represent, or act for, and in the name of the lunatic, either generally, or in and for the purpose of any particular application or proceeding, or the exercise of any particular rights or powers which under the Act and Rules the lunatic might have exercised if he had been sound mind. The appointment may be made by the court either on an application made as hereinafter mentioned, or, if the court thinks fit to do so, without any previous application.
(2) An application to the court to make an appointment under this rule may be made by any person who has been appointed by any court having jurisdiction so to do, to manage the affairs or property of or to represent the lunatic, or by any relative or friend of the lunatic who may appear to the court to be a proper person to make the application, or by the receiver.
(3) The application may be made ex parte and without notice, but in any case in which the court shall think it desirable the court may require such notice of the application as it shall think necessary to be given to the receiver or trustee (if any) or to the petitioning, creditor, or to the person alleged to be a lunatic, or to any other person, and for that purpose may adjourn the hearing of the application.
(4) Where the application is made by some person other than the receiver, it shall be supported by an affidavit of a duly registered medical practitioner as to the physical and mental condition of the lunatic. Where the application is made by the receiver, it may be supported by a report of the receiver, the contents of which shall be received as prima facie evidence of the facts therein stated.
(5) When a person has been appointed under this rule, any notice under the Act and Rules served on or given to such a person shall have the same effect as if the notice had been served on or given to the lunatic.
SMALL BANKRUPTCIES (rule 253)
253. Summary administration
Where an estate is ordered to be administered in a summary manner under section 119 of the Act, the provisions of the Act and Rules shall, subject to any special direction of the court, be modified as follows, namely:
(a) the title of every document in the proceedings subsequent to the making of the order for summary administration shall have inserted thereon the words "Summary Case";
(b) if no proposal for a composition or scheme is lodged with the receiver within the time specified for that purpose in section 18 of the Act, or within such time thereafter as the receiver may fix, or if the receiver satisfies the court that the debtor has absconded or that the debtor does not intend to propose a composition or scheme, or that the composition or scheme proposed is not reasonable or calculated to benefit the general body of creditors, the court may forthwith adjudge the debtor bankrupt. A report by the receiver under this paragraph shall be prima facie evidence of the facts therein stated;
(c) if during or at the conclusion of the public examination of the debtor it appears to the court that a composition or scheme ought not to be sanctioned by reason of the conduct of the debtor, the court may forthwith adjudge the debtor bankrupt;
(d) all payments shall, unless the court otherwise orders, be made into and out of the prescribed bank;
(e) the first meeting of creditors may, where it is expedient, be held on the day appointed for the public examination, or on any other day fixed by the receiver. If a quorum of creditors be not present, it shall not be necessary to adjourn the meeting;
(f) meetings of creditors shall, unless the receiver for special reasons otherwise determines, be held in the office of the receiver;
(g) on an application by a bankrupt for his discharge the certificate of the receiver shall not include, nor shall notices be sent to, creditors whose debts do not exceed forty shillings;
(h) in lieu of the copy of the account to be filed with the court, as prescribed by section 93(4) of the Act, a statement showing the position of the estate analogous, as nearly as may be, to that prescribed by Form 150 shall be filed;
(i) notices of meetings, other than of first meetings, or of sittings of the court shall only be sent to creditors whose debts or claims exceed the sum of forty shillings;
(j) the time mentioned in section 66(2) of the Act shall be extended to six months;
(k) the estate shall be realised with all reasonable despatch and, where practicable, distributed in a single dividend when realised;
(l) the costs or charges payable out of the debtor's estate of any person other than of an advocate may be paid and allowed without taxation where such costs or charges are within the prescribed scale:
Provided that the receiver may require such costs or charges to be taxed.
ADMINISTRATION OF ESTATE OF DECEASED INSOLVENTS (rules 254-261)
254. Verification of petition
A creditor's petition and a petition by the legal personal representative of the deceased under section 120 of the Act shall be verified by affidavit.
255. Deposit by legal personal representative on petition
The provisions of rule 111 as to deposit on presentation of a petition by a creditor and by a debtor shall apply respectively to petitions presented by a creditor and by a legal personal representative under section 120 of the Act.
256 Gazetting
Where an administration order under section 120 of the Act is made, such order shall be gazetted in the same manner in all respects as an order of adjudication is gazetted.
257. Service
(1) The petition shall, unless the court otherwise directs, be served on each executor who has proved the will, or as the case may be, on each person who has taken out letters of administration. The court may also, if the court thinks fit, order the petition to be served on any other person.
(2) Service shall be proved in the same way as is provided in the case of an ordinary creditor's petition, and the petition shall be heard in the like manner.
258. Duties of executor, etc.
(1) When an administration order under section 120 of the Act has been made, it shall be the duty of the executor or legal personal representative of the deceased debtor to lodge with the receiver forthwith (in duplicate) an account of the dealings with, and administration of (if any) the deceased's estate by such executor or legal personal representative, and such executor or legal personal representative shall also furnish forthwith in duplicate a list of the creditors, and a statement of the assets and liabilities, and such other particulars of the affairs of the deceased as may be required by the receiver. Every account, list and statement to be made under this rule shall be made and verified as nearly as may be in accordance with the practice for the time being of the High Court in suits for the administration of the estates of deceased persons.
(2) The expenses of preparing, making, verifying and lodging any account, list and statement under this rule shall, after being taxed, be allowed out of the estate upon production of an office copy of the taxed bill.
259. Executor de son tort
In any case in which an administration order under section 120 of the Act has been made, and it appears to the court, on the report of the receiver, that no executor or legal personal representative exists, the account, list and statement mentioned in the last preceding rule shall be made, verified and lodged by such person as in the opinion of the court, upon such report, may have taken upon himself the administration of, or may otherwise have intermeddled with, the property of the deceased, or any part thereof.
260. Meetings of creditors, trustees, etc.
In proceedings under an order for the administration of the estate of a person dying insolvent, where a meeting of creditors is summoned for the appointment of a trustee–
(a) the provisions of the First Schedule to the Act, relating to the mode of summoning a meeting of creditors and to the persons entitled to a vote at a meeting;
(b) the provisions of these Rules, which refer to creditors, meetings of creditors, trustee and committees of inspection,
shall so far as applicable, apply as if the proceedings were under a receiving order and order of adjudication.
261. Modifications where summary order made
Where under an administration order under section 120 of the Act the estate is ordered to be administered in a summary way, the modifications imposed by section 119 and rule 253 shall not apply, but in lieu thereof the modifications following shall apply–
(a) the receiver shall be trustee under the order unless the creditors at any time by special resolution resolve that some person other than the receiver shall be appointed trustee, in which case the administration shall proceed as if an order for summary administration had not been made;
(b) there shall be no committee of inspection, but the court shall exercise the powers of a committee of inspection;
(c) the title of every document in the proceedings subsequent to the making of the order for summary administration shall have inserted thereon the words "Summary Case";
(d) all payments shall, unless the court otherwise orders, be made into and out of the prescribed bank;
(e) meetings of creditors shall, unless the receiver for special reasons otherwise determines, be held in the office of the receiver;
(f) in lieu of the copy of the account to be filed with court, as prescribed by section 93(4) of the Act, a statement showing the position of the estate analogous, as nearly as may be, to that prescribed by Form 150 shall be filed;
(g) notices of meetings, other than of first meetings, or of sittings of the court, shall only be sent to creditors whose debts or claims exceed the sum of forty shillings;
(h) the time mentioned in section 66(2) of the Act shall be extended to six months;
(i) the estate shall be realised with all reasonable despatch and, where practicable, distributed in a single dividend when realised;
(j) the costs or charges, payable out of the debtor's estate, of any person other than of an advocate may be paid and allowed without taxation where such costs or charges are within the prescribed scale:
Provided that the receiver may require such costs or charges to be taxed.
PART IV
RECEIVERS, TRUSTEES, SPECIAL MANAGERS, SECURITY BY TRUSTEE
OR SPECIAL MANAGER, ACCOUNTS AND AUDIT,
UNCLAIMED FUNDS (rules 262-317)
262. Duties as to debtor's statement of affairs
(1) As soon as the receiver receives notice that he has been appointed to the receivership of an estate, he shall furnish the debtor with a copy of instructions for the preparation of his statement of affairs.
(2) The receiver or some person deputed by him shall also forthwith hold a personal interview with the debtor for the purpose of investigating his affairs and determining whether the estate should be administered under section 119 of the Act.
(3) It shall be the duty of the debtor to attend at such time and place as the receiver may appoint.
263. Subsistence allowance to debtor
Subject to any general or special directions of the court, the receiver, while in the possession of the property of a debtor, may make him such allowance out of his property for the support of himself and his family as may be just. In fixing the amount of such allowance the assistance rendered by the debtor in the management of his business or affairs may be taken into account.
264. Special report as to person employed to assist debtor
Whenever, under the powers given by section 77 of the Act, the receiver employs any person to assist the debtor in the preparation of his statement of affairs, he shall forthwith report the matter to the court in writing, justifying his action therein, and specifying the remuneration (if any) to be allowed to such person.
265. Use of proxies by deputy
Where the receiver holds any proxies and cannot conveniently attend any meeting of creditors, at which such proxy or proxies might be used, he may depute some person in his employment or under his official control, or some Government officer, by writing under his hand, to attend such meeting and use such proxies on his behalf and in such manner as he may direct.
266. Personal performance of duties
The court may, by general or special directions, determine what acts or duties shall be performed by the receiver in person, and in what cases he may discharge his functions through the agency of his clerks or other persons in his regular employ or under his official control.
267. Administrative officer to act in certain cases
When the receiver is unable to act in person, any act or thing required or authorised to be done by the receiver may be done by an administrative officer at the request of the receiver.
268. Removal of special manager
Where the receiver appoints a special manager he may at any time remove him if his employment seems unnecessary or unprofitable to the estate, and he shall remove him, if so required by a special resolution of the creditors.
269. Mode of application to court
Applications by the receiver to the court may be made personally, and without notice of other formality; but the court may in any case order that an application be renewed in a formal manner, and that such notice thereof be given to any person likely to be affected thereby as the court may direct.
270. Evidence on application by receiver
Where for the purposes of any application to the court by the receiver for directions, or to adjudge a debtor bankrupt, or for leave to disclaim a lease, or for an extension of time to apply for leave to disclaim a lease, or for an order to take criminal proceedings against a bankrupt, or to commit a bankrupt, it is necessary that evidence be given by him in support of such application, such evidence may be given by a report of the receiver to the court, and need not be given by affidavit, and any such report of the receiver to the court shall be received by the court as prima facie evidence of the matters reported upon.
271. Application for directions
In any case of doubt or difficulty or in any matter not provided for by the Act or these Rules relating to any proceeding in court, the receiver may apply to the court for directions.
272. Duties where no assets
Where a debtor against whom a receiving order has been made has no available assets, the receiver shall not be required to incur any expenses in relation to his estate without the express directions of the court.
273. Accounting by receiver
(1) Where a composition or scheme is sanctioned by the court, the receiver shall account to the debtor or, as the case may be, to the trustee under the composition or scheme.
(2) Where a debtor is adjudged bankrupt, and a trustee is appointed, the receiver shall account to the trustee in the bankruptcy.
(3) If the debtor or, as the case may be, the trustee, is dissatisfied with the account, or any part thereof, he may report the matter to the court, which shall take such action (if any) thereon as it may deem expedient.
(4) The provisions of this part of these Rules as to trustees and their accounts shall not apply to the receiver when acting as trustee, but he shall account in such manner as the court may from time to time direct.
274. Receiver may act for court when no committee of inspection
When there is no committee of inspection any functions of the committee of inspection which devolve on the court may, subject to the directions of the court, be exercised by the receiver.
275. Trading account of debtor
The debtor shall, on the request of the receiver, furnish him with trading and profit and loss accounts, and a cash and goods account for such period not exceeding two years prior to the date of the receiving order as the receiver shall specify:
Provided that the debtor shall, if ordered by the court so to do, furnish such accounts as the court may order for any longer period. If the debtor fails to comply with the requirements of this rule the receiver shall report such failure to the court, and the court shall take such action on such report as the court shall think just.
276. Liability for costs, expenses, and damages
The following provisions shall apply to every case in which proceedings are taken either by action, motion or in any other manner, against the receiver in respect of anything done or default made by him, when acting, or in the bona fide and reasonable belief that he is acting, in pursuance of the Act or in execution of the powers given to a receiver by the Act–
(a) subject to the provisions of the next following subsection, the costs, damages and expenses which the receiver may have to pay, or to which he may be put under such proceedings, shall be paid out of the estate of the debtor;
(b) as soon as any such proceedings are commenced it shall be the duty of the receiver to report the same to the Attorney-General, who shall determine whether or not such proceedings shall be resisted or defended;
(c) the receiver shall not, unless the court shall otherwise order, be entitled to be paid out of the estate any costs or expenses which he may have to pay or bear in consequence of resisting or defending any such proceedings, unless the Attorney-General shall have determined that such proceedings shall be resisted or defended;
(d) the receiver shall, if necessary, apply to the court for any reasonable adjournment of any motion or other summary proceedings before it, pending the determination of the Attorney-General upon the question whether such motion or proceedings should be resisted or defended. And the court may grant an adjournment upon such terms as it shall think fit;
(e) if such proceedings are commenced before the appointment of a trustee by the creditors, or before the approval of a composition or scheme, the receiver may, before putting the trustee appointed by the creditors, or in the case of a composition the debtor himself, into possession of the debtor's property, retain the whole or some part of the debtor's estate according as the Attorney-General shall in each case direct, to meet the damages, costs or expenses which the receiver may have to pay or bear in consequence of the said proceedings. If such proceedings are commenced after the appointment of a trustee by the creditors, or after the approval of a composition or scheme, the receiver shall forthwith give notice of such proceedings to the trustee or other person in whom the estate of the debtor may be vested (including where necessary the debtor himself), and the estate of debtor shall, as from the date of such notice, be deemed to be charged with the payment of the said damages, costs and expenses.
TRUSTEES (rules 277-298)
277. Notice of appointment
Where the appointment of a trustee is certified, the trustee shall forthwith insert notice of his appointment in the Gazette. The expense of gazetting shall be borne by the trustee, and may be charged by him to the estate.
278. Notice of objection
(1) When the receiver objects to the appointment of trustee, and is required by a majority in value of the creditors to notify the objection to the court, the receiver on receipt of the requisition shall forthwith transmit a copy thereof to the registrar, who shall fix a time for the hearing of the matter. The receiver may also, with a copy of the requisition, communicate to the court the grounds of his objections. Any report made by the receiver shall be prima facie evidence of the statements therein contained.
(2) Notice of the time fixed for hearing the matter shall be given to the receiver, to the person objected to and to the person objecting.
(3) At the hearing the person objected to, the receiver and every creditor shall be entitled to be heard.
279. Trustees not accounting under section 136
It shall be sufficient objection to the appointment of a trustee that he has not complied with the requirements of section 136 of the Act, or of any order of the court made thereunder in respect of any matter as to which he was under an obligation to comply.
280. Removal of trustee
It shall be a sufficient reason for refusing to certify the appointment of a person as trustee that in any other proceeding under the Act such person has either been removed under section 96(2) of the Act from the office of trustee, or has failed or neglected, without good cause shown by him, to render his accounts for audit for two months after the date by which the same should have been rendered.
281. Failing to keep up security
Where a trustee or special manager has given security in the prescribed manner, but fails to keep up such security, or if called upon to do so, to increase such security, the court may, if it thinks fit, remove him from his office and cause notice of such removal to be gazetted.
282. Notice of resignation
A trustee intending to resign his office shall call a meeting of creditors to consider whether his resignation shall be accepted or not, and shall give not less than seven days' notice of the meeting to the receiver.
283. Remuneration of trustee
The creditors or, as the case may be, the committee of inspection, in voting the remuneration of the trustee, shall distinguish between the commission or percentage payable on the amount realised, and the commission or percentage payable on the amount distributed is dividend.
284. Limit of remuneration
Except as provided by the Act or Rules, no trustee shall be entitled to receive out of the estate any remuneration for services rendered to the estate, except the remuneration to which under the Act and Rules he is entitled to as trustee.
285. Remuneration of trustee appointed by the court
In any case in which, under the provisions of section 21(5) or section 80(3) of the Act, the court appoints a trustee, the trustee shall receive out of the estate such remuneration as the court shall determine.
286. Trustee carrying on business
(1) Where the trustee carries on the business of the debtor he shall keep a distinct account of the trading, and shall incorporate in the cash book the total weekly amount of the receipts and payments on such trading account.
(2) The trading account shall from time to time, and not less than once every month, be verified by affidavit, and the trustee shall thereupon submit such account to the committee of inspection (if any), or such member thereof as may be appointed by the committee for that purpose, who shall examine and certify the same.
287. Application for release
A trustee, before making application to the court for his release, shall give notice of his intention so to do to all the creditors of the debtor who have proved their debts, and to the debtor, and shall send with such notice a summary of his receipts and payments as trustee:
Provided that where such application is made upon the trustee ceasing to act by reason of a composition having been approved under section 23 of the Act, such notice and summary shall be sent to the debtor only.
288. Gazetting of release
Where the court has granted to a trustee his release, a notice of the order granting such release shall be gazetted. The trustee shall be required to provide the requisite stamp fee, which may be charged to the estate.
289. Delivery of books, etc., on release of trustee
The release of a trustee shall not take effect unless and until he has delivered over to the receiver or new trustee, as the case may be, all the books, papers, documents and accounts which, by the Rules, he is required to deliver over on his release.
290. Meeting to consider removal of trustee
Where one-sixth in value of the creditors desire that a general meeting of the creditors may be summoned to consider the propriety of removing the trustee, such meeting may be summoned by a member of the committee of inspection, or by the receiver, on the deposit of a sum sufficient to defray the expenses of summoning such meeting.
291. Payments out of Bankruptcy Estates Account
All payments out of the Bankruptcy Estates Account shall be made in such manner as the receiver may from time to time direct.
292. Application for directions
Where a trustee desires to apply to the court for directions in any matter, he shall file an application, and the court shall then hear the application or fix a day for hearing it and direct the trustee to apply by motion.
293. Copy of trustee's accounts
Any creditor who has proved his debt may apply to the trustee for a copy of the accounts (or any part thereof) relating to the estate as shown by the cash books up to date, and on paying for the same at the rate of fifty cents per folio he shall be entitled to have such copy accordingly.
294. Statements to be furnished to creditors
Where in pursuance of section 87 of the Act the receiver or trustee is required to transmit to creditors a statement of the accounts, the cost of furnishing and transmitting such statement shall be calculated at the rate of fifty cents per folio for each statement where the creditors do not exceed ten, and where the creditors exceed ten, one shilling per folio, for the preparation of the statement and the actual cost of printing.
295. Purchase of part of estate by trustee or committee forbidden
Neither the trustee nor any member of the committee of inspection of an estate shall, while acting as trustee or member of such committee, except by leave of the court, either directly or indirectly, by himself or any partner, clerk, agent or servant become purchaser of any part of the estate. Any such purchase made contrary to the provisions of this rule may be set aside by the court on the application of the receiver or any creditor.
296. Dealings with estate by trustee and committee of inspection
(1) Where the trustee carries on the business of the debtor, he shall not without the express sanction of the court, purchase goods for the carrying on of such business from his employer (if any), or from any person whose connection with the trustee is of such a nature as would result in the trustee obtaining any portion of the profit (if any) arising out of the transaction.
(2) No member of a committee of inspection of an estate shall, except under and wish the sanction of the court, directly or indirectly, by himself or any employer, partner, clerk, agent or servant, be entitled to derive any profit from any transaction arising out of the bankruptcy, or to receive out of the estate any payment for services rendered by him in connection with the administration of the estate, or for any goods supplied by him to the trustee for or on account of the estate. If it appears to the court that any profit or payment has been made contrary to the provisions of this rule, the court may direct the receiver to disallow such payment or recover such profit, as the case may be, on the audit of the trustee's account.
Sanction of payments to members of committee of inspection
(3) Where the sanction of the court under this rule to a payment to a member of a committee of inspection for services rendered by him in connection with the administration of the estate is obtained, the order shall specify the nature of the services, and shall only be given where the service performed is of a special nature. No payment shall, under any circumstances, be allowed to a member of a committee for services rendered by him in the discharge of his duties attaching to his office as a member of such committee.
(4) In any case in which the sanction of the court is obtained under this rule or under rule 295, the costs of obtaining such sanction shall be borne by the person in whose interest such sanction is obtained, and shall not be payable out of the debtor's estate.
297. Discharge of costs, etc., before estate handed over to trustee
(1) Where a debtor is adjudged bankrupt, and a trustee is appointed, the receiver shall forthwith put the trustee in possession of all the property of the bankrupt of which the receiver may be possessed:
Provided that such trustee shall have, before the estate is handed over to him by the receiver, discharged any balance due to the receiver on account of fees, costs and charges, properly incurred by him and payable under the Act, and on account of all advances properly made by him in respect of the estate, together with interest on such advances at the rate of six per centum per annum and shall have discharged or undertaken to discharge all guarantees which have been properly given by the receiver for the benefit of the estate; and the trustee shall pay all fees, costs and charges of the receiver which may not have been discharged by the trustee before being put into possession of the property of the bankrupt, and whether incurred before or after he has been put into such possession.
(2) The receiver shall be deemed to have a lien on the estate until such balance shall have been paid, and such guarantees and other liabilities have been discharged.
(3) It shall be the duty of the receiver, if so requested by the trustee, to communicate to the trustee all such information respecting the bankrupt and his estate and affairs as may be necessary or conducive to the due discharge of the duties of the trustee.
298. Meetings of creditors to consider the conduct of trustee
Where the receiver is of opinion that any act done by the trustee or any resolution passed by a committee of inspection should be brought to the notice of the creditors, for the purpose of being reviewed or otherwise, the receiver may summon a meeting of creditors accordingly to consider the same, and the expenses of summoning such meeting shall be paid by the trustee out of any available assets under his control.
SPECIAL MANAGER (rules 299-300)
299. Remuneration of special manager
Where a special manager is appointed, and his remuneration is not fixed by the creditors, he shall be paid such remuneration as the court shall think fit.
300. Accounts
Every special manager shall account to the receiver, and the special manager's accounts shall be verified by affidavit in the prescribed form, and, when approved by the receiver, the totals of the receipts and payments shall be added to the receiver's accounts.
SECURITY BY TRUSTEE OR SPECIAL MANAGER (rule 301)
301. Standing security
In the case of a trustee or special manager the following rules as to security shall be observed, namely:
(a) the security shall be given to such officers or persons and in such manner as the court may from time to time direct;
(b) it shall be necessary that security shall be given in each separate matter; but security may be given either specially in a particular matter or generally to be available for any matter in which the person giving security may be appointed either as trustee or special manager;
(c) the court shall fix the amount and nature of such security, and may from time to time, as it thinks fit, either increase or diminish the amount of special or general security which any person has given.
ACCOUNTS AND AUDIT (rules 302-312)
302. Record
The receiver, until a trustee is appointed, and thereafter the trustee, shall keep a record of all minutes, all proceedings had, the resolutions passed at any meeting of creditors, or of the committee of inspection, and all such matters as may be necessary to give a correct view of his administration of the estate, but he shall not be bound to insert in the record any document of a confidential nature (such as the opinion of counsel on any matter affecting the interest of the creditors), nor need he exhibit such document to any person other than a member of the committee of inspection.
303. Cash book
The receiver, until a trustee is appointed, and thereafter the trustee, shall keep a book to be called the "Cash Book", which shall be in such form as the receiver may from time to time direct, in which he shall (subject to the provisions of these Rules as to trading accounts) enter from day to day the receipts and payments made by him.
304. Books to be submitted to committee of inspection
The trustee shall submit the record and cash book, together with any other requisite books and vouchers, to the committee of inspection (if any) when required, and not less than once every three months.
305. Audit of cash book
The committee of inspection shall, not less than once every three months, audit the cash book and certify therein under their hands the day on which the said book was audited.
306. Audit of trustee's accounts
(1) Every trustee, other than the receiver, shall, at the expiration of six months from the date of the receiving order, and at the expiration of every succeeding six months, thereafter until his release, transmit to the receiver a copy of the cash book in duplicate for such period, together with the necessary vouchers and copies of the certificates of audit by the committee of inspection. He shall also forward with the first accounts a summary of the debtor's statement of affairs, in such form as the receiver may direct, showing thereon in red ink the amounts realised, and explaining the cause of non-realisation of such assets as may be unrealised.
(2) When the estate has been fully realised and distributed, or if the adjudication is annulled, the trustee shall forthwith send in his accounts to the receiver, although the six months may not have expired.
(3) The accounts sent in by the trustee shall be certified and verified by him.
307. Copy of accounts to be filed
When the trustee's account has been audited, the receiver shall certify that the account has been duly passed, and thereupon the duplicate copy, bearing a like certificate, shall be transmitted to the registrar, who shall file the same with the proceedings in the bankruptcy.
308. Affidavit of no receipts
Where a trustee has not, since the date of his appointment or since the last audit of his accounts, as the case may be, received or paid any sum of money on account of the debtor's estate, he shall, at the period when he is required to transmit his estate account to the receiver, forward to the receiver an affidavit of no receipts or payments.
309. Proceedings on resignation, etc., of trustee
Upon the trustee resigning or being released or removed from his office, he shall deliver over to the receiver, or, as the case may be, to the new trustee, all books kept by him, and all other books, documents, paper and accounts in his possession relating to the office of trustee.
310. Joint and separate estates accounts
Where a receiving order has been made against debtors in partnership, distinct accounts shall be kept of the joint estate and of the separate estate or estates, and no transfer of a surplus from a separate estate to the joint estate, on the ground that there are no creditors under such separate estate, shall be made until notice of the intention to make such transfer has been gazetted.
311. Expenses of sales
Where property forming part of a debtor's estate is sold by the trustee through an auctioneer or other agent, the gross proceeds of the sale shall be paid over by such auctioneer or agent, and the charges and expenses connected with the sale shall afterwards be paid to such auctioneer or agent on the production of his taxed bill of charges. Every trustee by whom such auctioneer or agent is employed shall be accountable for the proceeds of every such sale, unless the court otherwise orders.
312. Allowance to debtor
In any case in which, under the provisions of section 62 of the Act, the trustee makes an allowance to a bankrupt out of his property, such allowance, unless the creditors by special resolution determine otherwise, shall be in money, and the amount allowed shall be duly entered in the trustee's accounts.
UNCLAIMED FUNDS (rules 313-315)
313. Mode of payment into bank
Any person whose duty it is, pursuant to section 136 of the Act, to pay into the Bankruptcy Estates Account any unclaimed funds or dividends, shall first apply to the receiver for a paying-in order. The paying-in order shall be an authority to the bank to receive the payment.
314. Application for payment out by party entitled
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An application under section 136 of the Act for payment out of the Bankruptcy Estates Account or the Bankruptcy Contingency Fund of any sum to which any person claims to be entitled shall be made in such form and manner as the court may from time to time direct, and shall (unless the court dispenses therewith) be supported by the affidavit of the claimant and such further evidence as the court may require.
315. Accounts by trustees of unclaimed funds
For the purposes of section 136(1) of the Act, the court may at any time order the trustee under any bankruptcy, composition or scheme, to submit to the court an account verified by affidavit of the sums received and paid by him under or in pursuance of any such bankruptcy, composition or scheme, and may direct and enforce an audit of the account, and payment of any unclaimed or undistributed moneys arising from the property of the debtor in the hands or under the control of such trustee into the Bankruptcy Estates Account in accordance with the terms of the said subsection.
PART V
JUDGMENT DEBTORS (rules 316-317)
316. Fees on receiving order
(1) When a receiving order is made under section 102 of the Act, the creditor shall pay the like fee and deposit as are prescribed in the case of a bankruptcy petition.
(2) Where the court is of opinion that a receiving order ought to be made in lieu of committal, and the judgment creditors does not consent to pay the required fee and deposit, the court may dismiss the application or adjourn it on such terms, as to costs and otherwise, as may be just.
317. Summary administration
When a receiving order is made under section 102 of the Act, the court may, if satisfied by affidavit or otherwise, or by the report of the receiver, that the property of the debtor (after deduction of any property in the hands of secured creditors, debts enforceable by distraint, the costs of execution under section 46(1) of the Act, and all debts which under the Act are directed to be paid in priority to other debts) is not likely to exceed in value six thousand shillings, make an order that the debtor's estate be administered in a summary manner pursuant to section 119 of the Act and these Rules.
PART VI
MISCELLANEOUS PROVISIONS (rules 318-324)
318. Power of receiver to make orders
The receiver may from time to time issue general orders or regulations for the purpose of regulating any matters under the Act or these Rules, which are of an administrative and not of a judicial character. All such orders and regulations shall be gazetted and shall be judicially noticed.
319. Falsification of documents
(1) Any person who knowingly falsifies or fraudulently alters any document in or incidental to any proceedings under the Act or these Rules shall be deemed to be guilty of contempt of court and shall be liable to be punished accordingly.
(2) The penalty imposed by this rule shall be in addition to, and not in substitution for, any other penalty, punishment, or proceeding to which such person may be liable.
320. No lien on debtor's books
No person shall, as against the receiver or trustee, be entitled to withhold possession of the books of accounts belonging to the debtor, or to set up a lien thereon.
321. Disposal of debtor's books
The court may, on the application of the receiver, direct that the debtor's books of accounts and other documents given up by him may be sold, destroyed or otherwise disposed of.
322. Effect of non-compliance with Rules
Non-compliance with any of these Rules, or with any rule of practice for the time being in force, shall not render any proceeding void unless the court shall so direct, but such proceeding may be set aside, either wholly or in part, as irregular, or amended or otherwise dealt with in such manner and upon such terms as the court may think fit.
323. Abridgement or enlargement of time
The court may, under special circumstances and for good cause shown, extend or abridge the time appointed by these Rules or fixed by any order of the court for doing any act or taking any proceeding.
324. Prescribed bank
The prescribed bank shall be the National Bank of Commerce.
(Sections 121 and 123)
G.N. No. 65 of 1966
1. Citation
These Rules may be cited as the Official Receiver's Agents (Remuneration) Rules, and shall come into force on the first day of March, 1966.
2. Interpretation
In these Rules, unless the context requires otherwise, "agent" means and includes any person, not being a member of the Official Receiver's staff, employed by the Official Receiver for the purpose of taking and keeping possession of or selling any property, movable or immovable or employed by the Official Receiver for the collection of rents or for any other purpose connected with the management of property, movable or immovable, of which the Official Receiver is in possession in his official capacity.
3. Remuneration
The remuneration of an agent shall be in accordance with these Rules and the Schedule hereto.
4. Official Receiver's fees
Where the duties of an agent are performed by any Government official the fees or remuneration prescribed by these Rules shall be leviable and shall be credited to the public revenue as Official Receiver's fees.
5. Expenses payable by agent
Save as provided for in section 6 hereof, all expenses of advertisement, inventories, catalogues, insurance and all necessary charges for safe-guarding property shall be payable by the agent out of his remuneration and shall not be charged for additionally.
6. Official Receiver may allow additional claim for expenses
(1) The Official Receiver may in special circumstances, on the application of an agent, allow all or any of the said expenses to be charged for additionally.
(2) Where the Official Receiver has refused an agent's application to allow any of the said expenses to be charged for additionally, the agent may within thirty days after the receipt by him of the notification of such refusal appeal to the High Court against such refusal by way of chamber application.
(3) Where an agent makes an application under paragraph (2) such application shall be lodged and disposed of in accordance with the rules relating to applications made in civil suits in so far as such rules may be applicable:
Provided that no application made under paragraph (1) shall be disposed of by the High Court unless the Official Receiver has been given an opportunity to be heard thereon.
7. Fees
The fees prescribed in Table C of the Scale of Bankruptcy Fees and Percentages, shall not apply to agents employed by the Official Receiver.
8. Revocation
[Revokes G.N. No. 300 of 1943.]
SCHEDULE
FEES
[Fees omitted: Subject to variation. Items for which fees may be levied are listed below.]
(Rule 3)
1. (a) On taking possession of movable property and keeping possession of the same for 15 days or any lesser period |
(b) For keeping possession of such movable property for each day after the fifteenth day |
2. On taking possession of immovable property– |
(a) In respect of each property owned by the debtor in which he or his relatives (not paying rent) reside and continue to reside |
(b) In respect of each other property. |
3. On sale– |
(a) On movable property |
(b) On immovable property |
4. On valuation, where the valuer is not otherwise employed as an agent for taking possession and/or sale |
5. On collection of rents, for each property |
6. On any other work carried out. |
APPENDIX
LIST OF FORMS
FORM |
|
Adjournment of Petition | 22 |
Admission of Debt by Debtor or Bankrupt | 30 |
Affidavit by Special Manager | 163 |
Affidavit in Support of Application of Committal of Debtor for Contempt under Section 24 | 111 |
Affidavit in Support of Application for Enforcement of Provisions of Composition or Scheme |
|
Affidavit of Justification | 21 |
Affidavit of Non-Compliance with Order under Section 100(2) | 119 |
Affidavit of a Person Interested in Composition for Committal | 110 |
Affidavit or Certificate of Postage of Notices of First Meeting | 38 |
Affidavit and Certificate of Postage of Notices (General) | 47 |
Affidavit of Service of Bankruptcy Notice | 6 |
Affidavit of Service of Petition | 14 |
Affidavit of Trustee under Section 53(5) | 112 |
Affidavit of Truth of Statement in Petition | 11 |
Affidavit of Truth of Statement in Joint Petition | 12 |
Affidavit on an Application to Set Aside Bankruptcy Notice | 7 |
Affidavit verifying Trustee's Account | 158 |
Affidavit verifying Trustee's Trading Account | 161 |
Affidavit by Bankrupt whose Discharge has been Granted Conditionally as to After Acquired Property or Income |
|
Application by Creditor for Order for Trustee to Pay Dividend Withheld and Order thereon |
|
Application by Receiver for an Order Appointing a Sitting for the Public Examination of the Debtor |
|
Application by Receiver for Adjudication | 84-88 |
FORM |
|
Application by Receiver for Adjudication (Summary Case) | 87 |
Application by Trustee for Committal of Bankruptcy or other Person | 109 |
Application by Trustee for Release | 165 |
Application for Directions by Trustee | 147 |
Application for Enforcement of Provision in a Composition or Scheme | 79 |
Application for Extension of Time for Holding First Meeting and Order thereon | 32 |
Application for Interim Receiver | 13 |
Application for Order of Discharge | 94 |
Application for Summary Administration | 30 |
Application to Annul Adjudication | 91 |
Application to Court to Appoint a Day for Approving Composition or Scheme | 73 |
Application to Court to Appoint a Day for Approving Composition or Scheme in Summary Case | 74 |
Application to Extend Time for Approving Composition or Scheme, and Order thereon | 72 |
Authority to Deputy to Act as Chairman of Meeting and Use Proxies | 40 |
Authority to Trustee to Pay Dividends to Another Person | 155 |
Bankruptcy Notice | 5 |
Bond on Stay of Proceedings, Security, etc | 19 |
Certificate by Committee of Inspection as to Audit of Trustee's Accounts | 157 |
Certificate for Removal of Disqualification | 106 |
Certificate of Appointment of Trustee | 107 |
Certificate of Number of Creditors | 95 |
Certificate of Postage of Notices (First Meeting) | 38 |
Certificate of Postage of Notices (General) | 47 |
Certificate of Approval of Composition or Scheme | 82 |
Consent of Bankruptcy to Judgment being Entered under Section 29 | 103 |
Creditors' Petition | 9 |
Creditors' Petition for Administration of Deceased Debtor (Section 120) | 10 |
FORM |
|
Debtors' Petition | 3 |
Declaration of Inability to Pay | 2 |
Disclaimer without Notice | 141 |
Disclaimer of Leasehold Property after Notice to Landlord, Mortgagees, etc. | 142 |
Disclaimer, with Leave, of Lease | 143 |
Dismissal of Petition | 23 |
Dismissal of Petition (Stay of Proceedings) | 24 |
General Proxy | 57 |
General Title | 1 |
Judgment to be Entered Pursuant to Consent | 104 |
List of Creditors Assembled to be Used at Every Meeting | 51 |
List of Creditors at Meeting to Consider Composition or Scheme | 52 |
Memorandum of Adjournment of First or Other Meeting | 43 |
Memorandum of Advertisement or Gazetting | 170 |
Memorandum of Proceedings at First Meeting (Summary Case) | 42 |
Memorandum of Proceedings at Adjourned First Meeting (No Quorum) | 44 |
Memorandum of Public Examination of Debtor | 72 |
Minutes of Meeting for Receiving Resignation of Trustee, etc. | 50 |
Notes of Public Examination of Debtor when Shorthand Writer Not Appointed | 61 |
Notice by Debtor of Intention to Oppose Petition | 17 |
Notice for Gazette of Intention to Transfer Separate Estate to Joint Estate | 169 |
Notices for Gazette | 170 |
Notice in Gazette of Substituted Service of Petition or Bankruptcy Notice | 15 |
Notice of Application for Committal under Section 18 or 23 | 113 |
Notice of Application for Committal under Section 24 | 114 |
Notice of Application for Committal under Section 53(5) | 115 |
Notice of Application to Set Aside Income of Property of Bankrupt Married Woman | 135 |
Notice of Disclaimer Without Leave of the Court | 144 |
Notice of Disclaimer of Lease With Leave of the Court | 145 |
FORM |
|
Notice Requiring Question of Disclaimer to be Brought before Court | 146 |
Notice of Dividend | 154 |
Notice to Landlord of Intention to Disclaim Leasehold Property Not Sub-let or Mortgaged |
|
Notice of Intention to Disclaim Leasehold Property Sub-let or Mortgaged | 140 |
Notice of Meeting (General Form) | 46 |
Notice of Meeting to Appoint New Trustee | 49 |
Notice of Receiving Order, etc. | 170 |
Notice of Rejection of Proof of Debt | 56 |
Notice of Sureties | 20 |
Notice to Bankrupt under Section 55 | 134 |
Notice to Creditors of Adjourned Meeting | 37 |
Notice to Creditors of Application to Approve Composition or Scheme | 75 |
Notice to Creditors of Application to Approve Composition or Scheme (Summary Case) | 76 |
Notice to Creditors of First Meeting | 33 |
Notice to Creditors of Meeting to Remove Trustee and to Fill Vacancy | 48 |
Notice to Creditors of Application for Discharge | 97 |
Notice to Creditors of Intention to Declare Dividend | 151 |
Notice to Creditors of Intention to Pay Composition | 153 |
Notice to Creditors of Intention to Apply for Release | 164 |
Notice to Creditors of First Meeting where No Offer for Composition (Summary Case) | 34 |
Notice of First or Other Meeting where Debtor Submits Offer of Composition or Scheme | 35 |
Notice to Creditors of Meeting where Debtor Submits Offer of Composition (Summary Case) |
|
Notice to Debtor to Attend First Meeting of Creditors | 39 |
Notice to Debtor of Intended Application for Adjudication | 83 |
Notice to Official Receiver of Application by Debtor to Court to Approve Composition or Scheme |
|
Notice to Receiver and Trustee of Application for Discharge | 96 |
Notice to Receiver and Trustee of Application for Amendment or Remission on Payment of Debts in Full |
|
Notice to Persons Claiming to be Creditors of Intention to Declare Final Dividend | 152 |
Order Annulling Adjudication | 92 |
Order Appointing Time for Public Examination of the Debtor | 60 |
Order Adjourning Public Examination | 62 |
Order for Administration in Bankruptcy of Estate of Deceased Debtor on Petition | 149 |
Order for Discharge from Custody on Contempt | 121 |
Order Dispensing with Public Examination of Debtor | 63 |
Order for Examination of Afflicted Debtor | 64 |
Order for Production of Person in Prison for Examination before the Court | 122 |
Order for Enforcement of Provisions of Composition or Scheme | 81 |
Order for Payment of Income of Property of Bankrupt Married Woman | 138 |
Order for Production of Person Apprehended under Section 28 for Examination before the Court |
|
Order for Summary Administration | 31 |
Order of Adjudication | 89,90 |
Order of Committal under Section 18 or 23 | 116 |
Order of Committal under Section 24 | 117 |
Order of Committal under Section 53(5) | 118 |
Order of Court that Examination is Concluded | 64 |
Order of Court for General Meeting of Creditors | 45 |
Orders as to Discharge | 98-102 |
Order on Application of Trustee for Directions | 148 |
Order on Application to Approve Composition or Scheme | 78 |
Order Restraining Action before Receiving Order | 25 |
Order Setting Aside Bankruptcy Notice | 8 |
Order Setting Aside Pay, Salary, etc. under Section 55(1) | 136 |
FORM |
|
Order Setting Aside Pay, Salary, etc. under Section 55(2) | 137 |
Order to Pay Admitted Debt | 131 |
Order to Postmaster-General under Section 27 | 126 |
Order to Stay Proceedings on Petition | 18 |
Order for Substituted Service | 16 |
Profit and Loss Account | 160 |
Proofs of Debt | 53-55 |
Proposal for Composition | 67 |
Proposal for Scheme | 68 |
Receiving Order (Creditors' Petition) | 27 |
Receiving Order (Debtor's Petition) | 26 |
Register of Bankruptcy Notices | 166 |
Register of Petitions | 167 |
Register of Receiving Orders | 168 |
Report of Appointment of Trustee to Fill Vacancy | 108 |
Report of Official Receiver on Proposal for Scheme or Composition and Voting Letter | 69 |
Request for Issue of Bankruptcy Notice | 4 |
Resolution Accepting Composition | 70 |
Resolution Accepting Scheme of Arrangement | 71 |
Resolution where Adjudication Resolved on | 41 |
Return by Bankrupt Every Three Months | 171 |
Search Warrant | 123 |
Special Proxy | 58 |
Statement of Affairs | 29 |
Statement of Accounts under Section 87 | 162 |
Statement to Accompany Notice of Dividend or Application for Release | 150 |
Subpoena | 127 |
Subpoena Duces Tecum | 128 |
Summons under Section 28 | 129 |
Trustee's Trading Account | 159 |
Voting Letter | 69 |
Warrant against Debtor about to Quit Tanzania | 125 |
Warrant of Committal for Contempt | 120 |
FORM |
|
Warrant of Seizure | 124 |
Warrant to Apprehend Person Summoned under Section 28 | 132 |
FORM 1
GENERAL TITLE:
EX PARTE APPLICATION/ORDER
The Bankruptcy Rules
(Rule 8)
(General Title)
In the High Court of Tanzania |
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In Bankruptcy. | No. .......................... of 20........ |
Re [James Brown] |
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Ex parte [here insert "the debtor" or "J.S., a creditor," or "the Receiver" or "the Trustee".] |
FORM 2
DECLARATION OF INABILITY TO PAY
(Rule 98)
(Title) |
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I, A.B. [name and description of debtor], residing at ........................................................ |
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Dated this .......................... day of ......................., 20........ |
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................................................ |
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Signed by the debtor in my presence: | .......................................................... |
Signature of witness: | .......................................................... |
Address: | .......................................................... .......................................................... .......................................................... |
Description: | .......................................................... .......................................................... |
Filed the ......................... day of ........................., 20...... |
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NOTE: Where the debtor resides at a place other than his place of business both addresses should be inserted. |
FORM 3
DEBTOR'S PETITION
(Rule 106)
(Title) |
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I (a) ............................................................................................................................, |
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Dated this .............................. day of ........................., 20...... |
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................................................ |
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Signed by the debtor in my presence. | .......................................................... |
Signature of witness. | .......................................................... |
Address. | .......................................................... .......................................................... .......................................................... |
Description. | .......................................................... .......................................................... |
Filed the ............................. day of ................................, 20...... |
|
NOTE: Where the debtor resides at a place other than his place of business both addresses should be inserted. |
FORM 4
REQUEST FOR ISSUE OF BANKRUPTCY NOTICE
(Rule 100)
In the High Court of Tanzania |
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In Bankruptcy. | |
1. I, C.D., of .........................................................................., hereby request that a bankruptcy notice be issued by this Court against [here insert name, description, and address of judgment debtor]. |
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2. The said A.B. has for the greater part of the past six months resided at ............... |
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3. I produce an office copy of a final judgment against the said A.B. obtained by [me] in the ........................................ Court on the ...................... day of .............................. |
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4. Execution on the said judgment has not been stayed. |
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Dated this ............................. day of ............................, 20...... |
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C.D., Judgment creditor |
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or, |
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[E.F., solicitor for the judgment creditor] |
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NOTE: Where the debtor resides at a place other than his place of business both addresses should be inserted. |
FORM 5
BANKRUPTCY NOTICE
(Rule 99)
(Title) |
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To A.B. (or A.B. and Co.) ......................................., of ............................................ |
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TAKE NOTICE that within [seven] days after service of this notice on you, excluding the day of such service, you must pay to ............................... of ................................... |
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Dated this .......................... day of ......................., 20...... |
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By the Court, |
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.................................................... |
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INDORSEMENT ON NOTICE |
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You are specially to note: |
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That the consequences of not complying with the requisition of this notice are that you will have committed an act of bankruptcy, on which bankruptcy proceedings may be taken against you. |
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If, however, you have a counter-claim, set-off, or cross-demand which equals or exceeds the amount claimed by (e) ................................................. in respect of the Judgment or Order and which you would not set up in the action or other proceedings in which the said Judgment or Order was obtained, you must within ...................... days apply to the Court to set aside this notice by filing with the Registrar an affidavit to the above effect. |
|
(f) ................................................... ....................................................... |
FORM 6
AFFIDAVIT OF SERVICE OF BANKRUPTCY NOTICE
(Rule 104)
(Title) |
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In the matter of a bankruptcy notice issued |
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I, L.M., of ............................................................................ make oath and say– |
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1. That I, ........................................., did on ..................... day, the ................... day of ........................, 20......, serve the above-mentioned A.B. [or the partners in the above-mentioned firm of ...............................................................] with a copy of the above-mentioned notice, duly sealed with the seal of the Court, by delivering the same personally to the said A.B. [or C.D., a partner, or E.F., a person having at the time of service the control and management of the partnership business there or of the business carried on under the above-mentioned name or style] at [place] before the hour of ..................... in the .................. noon. |
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2. A sealed copy of the said notice marked A is hereunto annexed. |
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Sworn at, etc. |
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................................................. |
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NOTE: If the service is effected on one partner on behalf of his firm or on a person having at the time of service the control or management of the partnership business there or of a business carried on by any person in a name or style other than his own, the affidavit must, after the word "at", contain the words "being the principal place of business of the said ........................................................". |
FORM 7
AFFIDAVIT ON AN APPLICATION TO SET ASIDE BANKRUPTCY NOTICE
(Rule 102)
(Title) |
|
I, A.B., of ................................................................................... make oath and say– |
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1. That I was, on the .......................... day of ....................., 20......, served with the notice hereunto annexed [or describe the notice]. |
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That I have satisfied the judgment claimed by C.D. by [state nature of satisfaction]. |
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Or |
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2. That I have a counter-claim [or set-off or cross-demand] for Shs. ............ being a sum equal to [or exceeding] the claim of the said C.D. in respect of [here state grounds of counter-claim]. |
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3. That I could not have set up the said counter-claim [or as the case may be] in the action in which the said judgment was obtained against me. |
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Sworn, etc. |
FORM 8
ORDER SETTING ASIDE BANKRUPTCY NOTICE
(Rule 105)
(Title) |
|
In the matter of a bankruptcy notice issued– |
|
Upon the application of A.B. to set aside this notice, upon reading the affidavit of A.B. [and upon hearing C.D. (if present)], it is ordered that this notice be set aside and that C.D. [or as the case may be] pay to A.B. the sum of Shs. ........ [or the costs of this matter]. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................... |
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or |
|
(Title) |
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In the matter of a bankruptcy notice issued– |
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Upon the application of A.B. to set aside this notice, and upon reading ......................... and hearing ............................. and upon the said A.B. having entered in a bond in the penal sum of [the amount of the alleged debt and probable costs or such other sum as the court may direct], with such two sufficient sureties as the court [or C.D.] has approved [or having deposited in Court the sum of Shs. ............], as security for the amount claimed by the notice, the condition of the bond [or deposit] being [here insert condition], it is ordered, etc. |
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Dated this ......................... day of ........................., 20...... |
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By the Court, |
|
................................................... |
FORM 9
CREDITOR'S PETITION
(Rule 106)
(Title) |
|
I, C.D. of ........................................... [or we, C.D., of .........................................., |
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1. That the said A.B. has for the greater part of six months next preceding the presentation of this petition resided [or carried on business] at ....................................... |
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2. That the said A.B. is justly and truly indebted to me [or us] in the aggregate in the sum of Shs. ............ [set out amount of debt, debtors and the consideration]. |
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3. That I [or we] do not, nor does any person on my [or our] behalf hold any security on the said debtor's estate, or any part thereof, for the payment of the said sum. |
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Or |
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That I hold security for the payment of [or part of] the said sum but that I will give up such security for the benefit of the creditors of A.B. in the event of his being adjudged bankrupt [or, and I estimate the value of such security at the sum of Shs. ...............]. |
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Or |
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That I, C.D., one of your petitioners, hold security for the payment of, etc. |
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Or |
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That I, E.F., another of your petitioners, hold security for the payment of, etc. |
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NOTE: The address at which the debtor was residing or carrying on business when the petitioning creditor's debt was incurred should in all cases appear in the petition |
|
(See Rule 107) |
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4. That A.B. within three months before the date of presentation of this petition has committed the following [act or acts] of bankruptcy, namely, [here set out the nature and date or dates of the act or acts of bankruptcy relied on]. |
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Dated this ......................... day of ........................., 20........ |
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(Signed) C.D. ..................................... |
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Signed by the petitioner in my presence: | .......................................................... |
Signature of witness: | .......................................................... |
Address: | .............................................................................................................................................................................. |
Description: | .................................................................................................................... |
NOTE: If there be more than one petitioner, and they do not sign together, the signature of each must be separately attested, e.g. "signed by the petitioner E.F. in my presence". If the petition is signed by a firm the partner signing should add also his own signature, e.g. "A.S. and Co. F.S., a partner in the said firm". If the debtor resides at any place other than the place where he carries on business both addresses should be inserted. |
|
INDORSEMENT |
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This petition having been presented to the Court on the ........................ day of ....................., 20......, it is ordered that this petition shall be heard at (a) ......................... |
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And you the said A.B. are to take notice that if you intend to dispute the truth of any of the statements contained in the petition you must file with the Registrar of this Court a notice showing the grounds upon which you intend to dispute the same, and send by post a copy of the notice to the petitioner [three] days before the date fixed for the hearing. |
FORM 10
CREDITOR'S PETITION FOR ADMINISTRATION OF ESTATE OF DECEASED DEBTOR UNDER SECTION 120 OF THE BANKRUPTCY ACT
(Rule 234)
(Title) |
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I, C.D., of ............................................., [or we, C.D., of ....................................... |
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1. That the said A.B. for the greater part of the six months next preceding his decease resided [or carried on business] at ............................................. within the jurisdiction of this Court. |
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2. That the estate of the said A.B. is justly and truly indebted to me [or us] in the aggregate in the sum of Shs. ............ [set out the amount of debt or debts and the consideration]. |
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3. That [I] do not nor does any person on [my] behalf hold any security on the said deceased debtor's estate, or on any part thereof, etc. [or as in Form No. 9, Creditor's Petition]. |
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4. That A.B. within three months next before the said date of his decease committed the following act [or acts] of bankruptcy, namely, [here set out the nature and date or dates of the act or acts of bankruptcy relied on]. |
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Or |
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That the will of the said A.B. [or as the case may be] was on the ......................... day of ........................., 20........, proved by J.S. of ..........................................., and G.H. of .................................................. who consent to this petition. |
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Or |
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That letters of administration [or as the case may be] were on the ......................... day of ........................., 20......, granted to J.S. of ............................................ and G.H. |
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Dated this ......................... day of ........................., 20........ |
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(Signed) C.D. ..................................... |
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Signed by the petitioner in my presence: | .......................................................... |
Signature of witness: | .......................................................... |
Address: | .............................................................................................................................................................................. |
Description: | .................................................................................................................... |
INDORSEMENT |
|
This petition having been presented to the Court on the.. ................ day of ................, 20......, it is ordered that this petition shall be heard at noon. |
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If you, the said J.S. or G.H., intend to dispute the matter of any of the statements contained in the petition, you must file with the Registrar of this Court a notice showing the grounds upon which you intend to dispute the same. |
FORM 11
AFFIDAVIT OF TRUTH OF STATEMENTS IN PETITION
(Rule 115)
(Title) |
I, the petitioner named in the petition hereunto annexed, make oath [if the petitioner declare or affirm, alter the form accordingly] and say– |
That the several statements in the said petition are within my own knowledge true. |
Sworn at, etc. |
C.D. |
NOTE: If the petitioner cannot depose that the truth of all the several statements in the petition is within his own knowledge he must set forth the statements the truth of which he can depose to, and file a further affidavit by some person or persons who can depose to the truth of the remaining statements. |
FORM 12
AFFIDAVIT OF TRUTH OF STATEMENTS IN JOINT PETITION
(Rule 115)
(Title) |
|
We, C.D., E.F., G.H., etc., the petitioners named in the petition hereunto annexed, severally make oath and say– |
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And first, I, the said C.D. for myself say– |
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1. That A.B. is justly and truly indebted to me in the sum of ...................... as stated in the said before-mentioned petition. |
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2. That the said A.B. committed the act [or acts] of bankruptcy stated to have been committed by him in the said before-mentioned petition. |
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3. That A.B. has for the greater part of the past six months resided [or carried on business] at ........................................................................................................ |
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And I, the said E.F., for myself, say– |
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4. That A.B. is justly and truly indebted to me in the sum of ..................... as stated in the said before-mentioned petition. |
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And I, the said G.H., for myself, say– |
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5. That A.B. is, etc. |
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....................................................... |
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....................................................... |
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....................................................... |
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Sworn by the deponents C.D., E.F., and G.H., |
|
etc. | |
[See note to last Form] |
FORM 13
APPLICATION FOR INTERIM RECEIVER
(Rules 123 and 124)
(Title) |
|
I, C.D., of .........................................................., do, on the grounds set forth in the annexed affidavit, apply to the Court to appoint some fit and proper person as Interim Receiver of the property of the said A.B. and [here insert any special directions to the Interim Receiver that may be desired]. |
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Dated this ............................. day of .........................., 20...... |
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(Signed) C.D. ........................................ |
|
ORDER THEREON |
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Upon reading this application and the affidavit therein referred to, and hearing .................................... it is ordered that upon a deposit of Shs. ..................... being lodged by the applicant, X.Y., of ............................................. be thereupon constituted interim receiver of the property of the said A.B. and [here insert directions, if any]. |
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Dated this ............................. day of .........................., 20...... |
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By the Court, |
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................................................. |
FORM 14
AFFIDAVIT OF SERVICE OF PETITION
(Rule 118)
(Title) |
|
In the matter of a petition dated .........................................., 20...... |
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I, L.M., of .........................................................................., make oath and say– |
|
1. That I did, on ........................ day, the ............................ day of ......................., 20......, serve the above-mentioned A.B. with a copy of the above-mentioned petition, duly sealed with the seal of the Court, by delivering the same personally to the said A.B. at [place] before the hour of .................... in the noon. |
|
2. A sealed copy of the said petition is hereunto annexed. |
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Sworn at, etc. |
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L.M. Bailiff, Creditor Advocate or his clerk |
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NOTE: If the service is effected on one partner on behalf of his firm the affidavit must, after the word "at", contain the words "being the principal place of business of the said ....................". |
FORM 15
SUBSTITUTED SERVICE OF PETITION OR BANKRUPTCY NOTICE
(Rules 104 and 119)
NOTICE IN Gazette
In the High Court of Tanzania |
|
In Bankruptcy. |
|
In the matter of a bankruptcy petition filed on the ..................... day of ......................, 20........ [or in the matter of a bankruptcy notice issued on the ........................ day of ......................., 20........] |
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To A.B. |
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TAKE NOTICE that a bankruptcy petition has been presented [or, a bankruptcy notice has been issued] against you in this Court by ....................................................... |
|
The petition [or bankruptcy notice] can be inspected by you on application at this Court. |
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Dated this ............................ day of ........................, 20...... |
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By the Court, |
|
.................................................. |
FORM 16
ORDER FOR SUBSTITUTED SERVICE OF A PETITION OR BANKRUPTCY NOTICE
(Rules 104 and 119)
(Title) |
|
In the matter of a bankruptcy petition filed the .......................... day of ......................, 20...... [or in the matter of a bankruptcy notice issued on the ............................. day of ......................., 20......]. |
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Upon the application of ...................................................., and upon reading the affidavit of .......................................... of ............................................... |
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It is ordered that the sending of a sealed copy of the above-mentioned petition [or bankruptcy notice] together with a sealed copy of this order, by registered post, addressed to ........................................... at ............................................................... and/or by publication in the Official Gazette [of the presentation of such petition and the time and place fixed for hearing the petition] or [of the issuing of such bankruptcy notice] shall be deemed to be good and sufficient service of the said petition [or bankruptcy notice] on the said ............................... on the ...................... day of ......................, 20...... completing such posting or publication as aforesaid. |
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Given under the seal of the Court this ........................ day of ......................., 20....... |
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By the Court, |
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...................................................... |
FORM 17
NOTICE BY DEBTOR OF INTENTION TO OPPOSE PETITION
(Rule 132)
(Title) |
In the matter of a bankruptcy petition presented against me, A.B., of ......................... |
I, the above A.B., do hereby give you notice that I intend to oppose the making of a receiving order as prayed and I intend to dispute the petitioning creditor's debt [or the act of bankruptcy, or as the case may be]. |
Dated this ............................. day of ............................, 20...... |
To C.D., of .............................................., and to ................................................. |
FORM 18
ORDER TO STAY PROCEEDINGS ON PETITION
(Title) |
|
In the matter of a bankruptcy petition against A.B., of ............................................ |
|
Upon the hearing of this petition this day and the said A.B. appearing and denying that he is indebted to the petitioner [where petition presented by more than one creditor, add the name of the creditor whose debt is denied] in the sum stated in the petition [or alleging that he is indebted to the petitioner in a sum of a less amount than ......................] [or that he is indebted to C.D., one of the petitioners, in a sum less than the sum stated to be due from him in the petition], it is ordered that the said A.B. shall within .............. days enter into a bond in the penal sum of [the amount of the alleged debt and probable costs, or such other sum as the Court may direct], with such two sufficient sureties as the Court shall approve of to pay [or deposit with the Registrar the sum of ..................... as security for the payment of] such sum or sums as shall be recovered against the said A.B. by C.D. the petitioner [or one of the petitioners] in any proceedings taken or continued by him against the said A.B., together with such costs as shall be given by the Court. |
|
And it is further ordered, that upon the said A.B. entering into the bond aforesaid all proceedings on this petition shall be stayed until after the Court in which the proceedings shall be taken shall have come to a decision thereon. |
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Dated this ........................ day of ........................., 20........ |
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By the Court, |
|
................................................ |
FORM 19
BOND ON STAY OF PROCEEDINGS, SECURITY, ETC.
(Rule 27)
(Title) |
||
Know all men by these presents, that we, A.B. of, etc., and C.D. of, etc., and E.F. of, etc., are jointly and severally held and firmly bound to L.M. of, etc., in Shs. ................, to be paid to the said L.M., or his certain attorney, executors, administrators, or assigns. For which payment to be made we bind ourselves and each and every one of us, one and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. |
||
Sealed with our seals and dated this ......................... day of ......................... two thousand and ............................. |
||
Whereas a bankruptcy petition against the said A.B. having been presented to the Court he did appear at the hearing of the said petition and deny that he was indebted to the petitioner [or to one or more of the petitioners], [or alleged that he was indebted to the petitioner in the sum of Shs. ................. only, or as the case may be]. |
||
Now, therefore, the condition of this obligation is such that if the above-bounden A.B. or the said C.D. or E.F. shall on demand well and truly pay or cause to be paid to L.M., his attorney or agent, such sum or sums as shall be recovered against the said A.B. by any proceedings taken or continued within twenty-one days from the date hereof in any competent Court by the said L.M. for the payment of the debt claimed by him in the said petition, together with such costs as shall be given to the said L.M. by such Court [or whatever the condition of the bond is], this obligation shall be void, otherwise shall remain in full force. |
||
A.B. | [L.S.] |
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C.D. | [L.S.] |
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E.F. | [L.S.] |
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Signed, sealed and delivered by the above-bounden .................................... in the presence of ........................................................... |
||
NOTE: If a deposit of money be made the memorandum should follow the terms of the conditions of the bond. This form may be adapted to other cases. |
FORM 20
NOTICE OF SURETIES
(Rule 32)
(Title) |
In the matter of a bankruptcy petition [or in the matter of a bankruptcy notice by C.D. of .................................................................................]. |
Take notice that the sureties whom I propose as my security in the above matter [here state the proceedings which have rendered the sureties necessary] are [here state the full names and descriptions] of the sureties, and their residences, therein mentioning the places, streets, and numbers, if any]. |
Dated this ........................ day of ........................ 20....... |
To the Registrar of the Court .............................................................. |
And to L.M. of ....................................................................... |
FORM 21
AFFIDAVIT OF JURISDICTION
(Rule 33)
(Title) |
|
In the matter of a bankruptcy petition against A.B. [or in the matter of a bankruptcy notice by L.M. against A.B. of ..................................................................]. |
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I, E.F., of ....................................., one of the sureties for ..................................... |
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1. That I am a householder [or as the case may be] residing [describing particularly the street or place, and the number of the house, if any]. |
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2. That I am worth property to the amount of Shs. ............ [the amount required] over and above what will pay my just debts [if security in any other action or for any other purpose, add, and every sum for which I am now security]. |
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3. That I am not bail or security in any other matter, action or proceeding, or for any other person [or if security in any other action or actions, add] except for C.D. at the suit of E.F. in the ............................................. Court of .................................... in the sum of |
|
4. That my property, to the amount of the said sum of Shs. ............ [and if security in any other action, etc., over and above all other sums for which I am now security as aforesaid], consists of [here specify the nature and value of the property in respect of which the deponent proposes to become bondsman, as follows: stock-in-trade, in my business of ........................................ carried on by me at ........................................... |
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5. That I have for the last six months resided at ....................................................... |
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Sworn at, etc. ....................................................... |
|
....................................................... |
FORM 22
ADJOURNMENT OF PETITION
(Rule 141)
(Title) |
|
Upon the hearing of the petition this day, and hearing ..................................... for the petitioner and ....................................... for the debtor, and reading .........................., it is ordered that the further hearing of this petition be adjourned until the .......................... day of ......................... 20........, at ............... o'clock in the ............... noon. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................ |
FORM 23
DISMISSAL OF PETITION
(Rule 138)
(Title) |
|
In the matter of a bankruptcy petition filed the .............................. [date]. |
|
Upon the hearing of this petition this day, and upon reading ................................ and hearing ...................................... it is ordered that this petition be dismissed [and that the petitioner do pay to the said A.B. the taxed costs thereof]. |
|
Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................ |
FORM 24
DISMISSAL OF PETITION UPON WHICH PROCEEDINGS ARE STAYED WHERE A RECEIVING ORDER HAS BEEN MADE ON A SUBSEQUENT PETITION
(Title) |
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Whereas a receiving order has been made against A.B. upon a petition presented to this Court by O.P. of ......................................., it is ordered that the bankruptcy petition against the said A.B., presented to this Court by C.D. of .............................................., |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................ |
FORM 25
ORDER RESTRAINING ACTION, ETC., BEFORE RECEIVING ORDER
(Title) |
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Upon the application of ................................... and upon reading ............................, it is ordered that L.M. of ...................................., shall be restrained from taking any further proceedings in the action brought by him [or upon the judgment recovered or obtained by him] against the said A.B. in [here state the Court in which proceedings are], or, it is ordered that the proceedings in the action (or suit) brought by him against the said A.B. in [here state the Court in which proceedings are] may be proceeded with on [here insert terms fixed by the Court]. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................ |
FORM 26
RECEIVING ORDER ON DEBTOR'S PETITION
(Rule 142)
(Title) |
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On the petition of the debtor himself, filed the ........................ day of ........................ 20........, and numbered ................................. of 20........, a receiving order is hereby made against A.B. [insert name, addresses, and descriptions of debtor as set out in the petition], and Mr. C.D. is hereby constituted Receiver of the estate of the said debtor. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................ |
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NOTE: The above-named debtor is required, immediately after the service of this order upon him, to attend the Receiver appointed by the Court at his offices at (a) ........ |
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The Receiver's offices are open (except on holidays) every weekday from 8 a.m. to 12 noon and 2 p.m. to 4 p.m., except on Saturdays, when they close at 12 noon. |
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INDORSEMENT ON ORDER |
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The name and address of the advocate (if any) to the debtor are .............................. |
FORM 27
RECEIVING ORDER ON CREDITOR'S PETITION
(Rule 142)
(Title) |
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On the petition (dated the ......................... day of ......................... 20........, and numbered .................. of 20........) of J.S., of ......................................, creditor, filed the ............................. [insert date] and on reading ........................................ and hearing ......................................, and it appearing to the Court that the following act or acts of bankruptcy has or have been committed, viz. [set out the nature and date or dates of the act or acts of bankruptcy on which the order is made]. |
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A receiving order is hereby made against A.B. [insert names, addresses and descriptions of debtor as set out in petition] and Mr. C.D. is hereby constituted Receiver of the estate of the said debtor. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................ |
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NOTE: The above-named debtor is required, immediately after the service of this order upon him, to attend the Receiver appointed by the Court at his offices at (a) |
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The Receiver's offices are open (except on holidays) every weekday from 8 a.m. to 12 noon and 2 p.m. to 4 p.m., except on Fridays when they close at 12 noon. |
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INDORSEMENT ON ORDER |
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The name and address of the advocate to the petitioning creditor are ......................... |
FORM 28
RECEIVING ORDER UNDER SECTION 102 OF THE BANKRUPTCY ACT
(Rule 142)
(Title) |
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In the matter of ........................................................., a debtor. |
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Whereas an order was made against the above-named debtor on the ......................... day of ......................... 20........ for the payment of his debts in full (or by instalments of ..................................................). |
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And whereas the debtor has made default in payment of ........................ payable in pursuance of the said order. |
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Now upon reading the consent of the judgment creditor that a receiving order should be made against the debtor in lieu of an order for commitment to prison, and the prescribed fees having been paid. |
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It is ordered that a receiving order be made against the debtor in lieu of an order of commitment to prison, and a receiving order is hereby made against the debtor, and the Receiver is hereby constituted Receiver of the estate of the said debtor. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................ |
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NOTE: The above-named debtor is required, immediately after the service of this order upon him, to attend the Receiver at his offices at ................................................ |
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The Receiver's offices are open (except on holidays) every weekday from 8 a.m. to 12 noon and 2 p.m. to 4 p.m. except on Saturdays, when they close at 12 noon. |
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INDORSEMENT ON ORDER |
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The name and address of the advocate to the judgment creditor are ...................... |
FORM 29
STATEMENT OF AFFAIRS
(Rules 153 and 262)
(Title) |
To the Debtor: |
You are required to fill up, carefully and accurately, this sheet, and such of the several sheets A, B, C, D, E, F, G, H, I, J and K (1), as are applicable, showing the state of your affairs on the day on which the Receiving Order was made against you, viz., the ......................... day of ......................... Such sheets, when filled up, will constitute your statement of affairs. |
When completed such statement must be verified by oath and declaration. |
Gross Liabi- | Liabilities (as stated and estimated by Debtor) | Expected to Rank | Assets (as stated and estimated by Debtor) | Estimated |
|||||||
Shs. | Cts. | Unsecured Creditors, as per list (A) | Shs. | Cts. | Property as per list (H), viz– | Shs. | Cts. |
||||
Shs. | Cts. | ||||||||||
Creditors fully secured, as per list (B) Estimated value of securities. Surplus | (a) Cash at Bankers (b) Cash in hand (c) Cash deposited with advocate for costs of petition | ||||||||||
Less amount thereof carried to sheet (c) Balance thereof to contra | (d) Stock-in-trade (cost Shs.) (e) Machinery (f) Trade fixtures, fittings, utensils, etc. | ||||||||||
Creditors partly secured as per list (C) Less estimated value of securities | (g) Farming Stock (h) Growing crops and tenant right (i) Furniture (j) Life policies | ||||||||||
Liabilities on bills, discounted other than debtor's own acceptances for value, as per list (D), viz: | (k) Stocks and shares (l) Reversionary or other interests under wills | ||||||||||
| Shs. | Cts. | (m) Other property, viz.: Total as per list (H) Book Debts as per list (I) viz.: | ||||||||
On other bills as drawer or indorser | Shs. | Cts. | |||||||||
Of which it is expected will rank against the estate for dividend | Good | ||||||||||
Contingent or other liabilities as per list (E) Shs. | |||||||||||
Of which it is expected will rank against the estate for dividend | Estimated to produce ..... Shs. | ||||||||||
| Shs. | Cts. | Bills of exchange or other securities on hand, as per list (J) Shs. | ||||||||
Creditors for rates, taxes, wages, etc., payable in full as per list (G) | Estimated to produce Surplus from securities in the hands of creditors fully secured (per contra) | ||||||||||
Bailiff's charges payable under section 46 of the Act estimated at | |||||||||||
Shs. | |||||||||||
Deducted contra | Deduct creditors for distrainable rent and for preferential rates, taxes, wages, Bailiff's charges, etc., (per contra) Deficiency explained in statement (K) | ||||||||||
Surplus explained in statement (K) | |||||||||||
Shs. |
I, ................................................. of ..................................................... make |
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Sworn at ....................................... this ......................... day of ........................., 20........ before me .................................................................... |
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Signature ............................................ |
A.
Unsecured Creditors
The names to be arranged in alphabetical order and numbered consecutively, creditors for Shs. 200/- and upwards being placed first. |
No. | Name | Address and Occupation | Amount of Debt | Date when contracted | Consideration |
||
Signature ...................................... Dated .............................. 20........ |
NOTE 1: | Where there is a contra account against the creditor, less than the amount of his claim against the estate, the amount of the creditor's claim and the amount of the contra account should be shown in the third column, and the balance only be inserted under the heading "Amount of debt", thus– |
|||
Shs. | Cts. |
|||
Total amount of claim ... ... ... ... ... ... ... ... .. | ||||
Less contra account ... ... ... ... ... ... ... ... .. | ||||
No such set-off should be included in Sheet 1. | ||||
NOTE 2: | The particulars of any bills of exchange and promissory notes held by creditors should be inserted immediately below the name and address of such creditor. |
B.
Creditors Fully Secured
No. | Name of Creditor | Address and Occupation | Amount | Date when contracted | Consider- | Parti- | Date When | Estima- | Estima- |
|
Month | Year | |||||||||
Signature ...................................... Dated .............................. 20........ |
C.
Creditors Partly Secured
No. | Name of Creditor | Address and Occupation | Amount | Date when contracted | Consider- | Part- | Date When | Estima- | Estima- |
|
Month | Year | |||||||||
Signature ...................................... Dated .............................. 20........ |
D.
Contingent or Other Liabilities
Full particulars of all liabilities not otherwise scheduled to be given here.
No. | Name of Creditor or Claimant | Address and Occupation | Amount of Liability or Claim | Date when Liability incurred | Nature of Liability |
|
Month | Year | |||||
Signature ...................................... Dated .............................. 20........ |
E.
Preferential Creditors for Rates, Taxes and Wages
No. | Name of Creditor | Address and Occupation | Nature of Claim | Period during which claim accrued due | Date when due | Amount of claim | Amount payable in full | Difference ranking for Dividend |
|
Signature ...................................... Dated .............................. 20........ |
F.
Liabilities of Debtor on Bills other than his own Acceptances
No. | Acceptor's Name, Address and Occupation | Whether liable as drawer or indorser | Date when due | Amount | Holder's name Address and Occupation (if known) | Amount expected to rank against Estate for Dividend |
|||
Accomoda- | Other bills | ||||||||
Shs. | Cts. | Shs. | Cts. | ||||||
Signature ...................................... Dated .............................. 20........ |
G.
Creditors for Rents etc., Recoverable by Distress
No. | Name of Credi- | Address and Occupation | Nature of claim | Period during which claim accrued due | Date when due | Amount of claim | Amount payable in full | Difference ranking for Dividend (to list A) |
||
Shs. | Cts. | Shs. | Cts. | |||||||
Signature ...................................... Dated .............................. 20........ |
H.
Property
Full particulars of every description of property in possession and in reversion as defined by section 2 of the Bankruptcy Act, not included in any other list, are to be set forth in this list.
Full Statement and Nature of Property | Estimated to Produce |
|
Shs. | Cts. |
|
(a) Cash at Bankers ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... | ||
(b) Cash in hand ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . | ||
(c) Cash deposited with Advocate for Costs of Petition ... ... ... ... ... | ||
(d) Stock-in-trade in the Territory (Cost Shs.) ... ... ... ... ... ... ... ... ... | ||
(e) Stock-in-trade out of the Territory (cost Shs.) ... ... ... ... ... ... ... ... | ||
(f) Stock-in-trade and Goods in transit (cost Shs.) ... ... ... ... ... ... ... | ||
(g) Machinery, trade fixtures, fittings, utensils, etc ... ... ... ... ... ... ... | ||
(h) Farming stock ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... | ||
(i) Growing crops (where not owner of the land) at ... ... ... ... ... ... ... | ||
(j) Household Furniture and Effects at ... ... ... ... ... ... ... ... ... ... ... | ||
(k) Life Policies ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. | ||
(l) Other property (state particulars), viz ... ... ... ... ... ... ... ... ... ... ... |
Signature ...................................... Dated .............................. 20........ |
I.
Debts due to the Estate
No. | Name of Debtor | Residence and Occupation | Amount of Debt |
| When Contracted |
|
|
||||||
Good | Doubt- | Bad | Month | Year |
|||||||||
s. | c. | s. | c. | s. | c. | ||||||||
Signature ...................................... Dated .............................. 20........ |
Note: | If any debtor to the Estate is also a creditor but for a lesser amount than his indebtedness, the gross amount due to the Estate and the amount of the contra account should be shown in the third column, and the balance only be inserted under the head "Amount of debt", thus– |
||
Shs. | Cts. |
||
Due to estate ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... | |||
Less contra account ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... | |||
No such set-off should be included in Sheet A. |
J.
Bills of Exchange, Promissory Notes, etc., Available as Assets
No. | Name of Acceptor of Bill of Note | Address, etc. |
|
|
| Particulars of any Property held as Security for Payment of Bill of Vote |
||
Shs. | Cts. | Shs. | Cts. | |||||
Signature ...................................... Dated .............................. 20........ |
K.
Deficiency Account
Shs. | Cts. | Shs. | Cts. | Shs. | Cts. | Shs. | Cts. |
||
Excess of Assets over Liabilities on the (a).......... day of ............ 20......., (if any) (b) | Excess of Liabilities over Assets on the (a) ......... day of ................ 20...... (if any) (b) | ||||||||
Net profit (if any) arising from carrying on business from the (a) ............ day of ........... 20........ to date of Receiving | Net loss (if any) arising from carrying on business from the (a) ........... day of ............ 20....... to date of Receiving Order, after deducting from profits the usual trade expenses ..... | ||||||||
Order, after deducting usual trade expenses | Bad debts (if any) as per Schedule (I), (c) ... ... ... | ||||||||
Income or profit from expenses other sources (if any) since the (a) ...... day of .......... 20........ | Expenses incurred since the (a) .......... day of ............. 20......., other than usual trade expenses, viz. household expenses of self ......... and (d) ............ | ||||||||
Deficiency as per Statement of Affairs | (e) Other losses and expenses (if any) | ||||||||
Surplus as per Statement of Affairs | |||||||||
Total Amount to be accounted for (f) Shs. | Total Amount to be accounted for (f) Shs. |
Signature ...................................... Dated .............................. 20........ |
Note: (a) The date should be twelve months before date of Receiving Order or such other time as the Receiver may have fixed. (b) The amount shown must be supported by a Balance Sheet or a Schedule showing how the figure is arrived at. (c) This Schedule must show when the debts were contracted. (d) Add "wife and children" (if any) stating the number of the latter. (e) Here add particulars of other losses or expenses (if any) including depreciation in the value of stock and effects or other property as estimated for realisation, and liabilities (if any), for which no consideration received. (f) These figures should agree. |
L.
In substitution for such of the Sheets named "A" to "J" as will have to be returned blank.
|
| DEBTOR'S REMARKS Where no particulars are entered by the debtor on any one or more of the lists named "A" to "J" the word "Nil" should be inserted in this column opposite the particular list or lists thus left blank |
A. | Unsecured creditors ... ... ... ... ... ... ... ... ... ... | |
B | Creditors fully secured ... ... ... ... ... ... ... ... ... | |
C. | Creditors partly secured ... ... ... ... ... ... ... ... | |
D. | Liabilities of debtor on bills discounted other than his own acceptances for value ... ... ... ... | |
E. | Contingent or other liabilities ... ... ... ... ... ... ... | |
F. | Creditors for rent, etc., recoverable by distress | |
G. | Preferential creditors for rates, taxes and wages | |
H. | Property ... ... ... ... ... ... ... ... ... ... ... ... ... ... | |
I. | Debts due to the estate ... ... ... ... ... ... ... ... | |
J. | Bills of Exchange, Promissory Notes, etc. available as assets ... ... ... ... ... ... ... ... ... ... |
Signature ...................................... Dated .............................. 20........ |
FORM 30
APPLICATION FOR SUMMARY ADMINISTRATION UNDER SECTION 199 OF THE BANKRUPTCY ACT
(Rule 253)
(Title) |
|
I, ......................................................., the Receiver, hereby report to the Court that the property of the debtor is not likely to exceed in value Shs. 6,000 and I apply that the Court may order the estate to be administered in a summary manner pursuant to Section 119 of the Bankruptcy Act. |
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Dated this ......................... day of ........................., 20........ |
|
................................................ |
FORM 31
ORDER FOR SUMMARY ADMINISTRATION
(Rule 253)
(Title) |
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Upon the application of ............................................... and reading ......................... |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
|
.................................................. |
FORM 32
APPLICATION FOR EXTENSION OF TIME FOR HOLDING FIRST MEETING, AND ORDER THEREON
(Title) |
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Ex parte the Receiver |
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I, A.B., the Receiver in the above matter, apply to the Court for an extension of time to the ......................... day ........................., 20........, for holding the first meeting of creditors on the ground following (a): |
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That the said debtor has not submitted a statement of and in relation to his affairs in compliance with section 16 Bankruptcy Act. |
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Or |
|
That the said debtor has obtained an extension of time for submitting a statement of and in relation to his affairs viz., to the ......................... day of ........................., 20........ |
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Or |
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That the prescribed notice in the Gazette of the first meeting of creditors in the above matter required by rule 2 of the First Schedule to the Bankruptcy Act cannot be given in time for holding the meeting within twenty-eight days from the date of the receiving order. |
|
Or |
|
That there may not be sufficient time for the books of the debtor to be examined, the statement of affairs investigated, and the summary and the observations thereon prepared, pursuant to rule 3 of the First Schedule to the Bankruptcy Act. |
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Dated this ......................... day of ........................., 20........ |
|
.................................................. |
|
ORDER THEREON |
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Upon the application of the Receiver it is ordered that the time for holding the first meeting of creditors in the above matter be extended to the ......................... day of ......................... 20........ |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
|
................................................. |
FORM 33
NOTICE TO CREDITORS OF FIRST MEETING WHEN NO ORDER FOR SUMMARY ADMINISTRATION HAS BEEN MADE, AND THE DEBTOR HAS NOT SUBMITTED A PROPOSAL FOR COMPOSITION OR SCHEME
(Rule 204)
(Title) |
|
(Under receiving order dated the ......................... day of ......................... 20........) |
|
Notice is hereby given that the first meeting of creditors in the above matter will be held at ...................................... on the ......................... day of ......................... 20........, at .............. o'clock in the .............. noon. |
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To entitle you to vote thereat your proof must be lodged with me not later than ........... o'clock on the ......................... day of ........................., 20........ |
|
Forms of proof and of general and special proxy are enclosed herewith. Proxies to be used at the meeting must be lodged with me not later than ................ o'clock on the ......................... day of ........................., 20........ |
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The public examination of the debtor is fixed for the ......................... day of ........................, 20........, at ............... o'clock in the ............... noon, at ....................... |
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Any creditor who has tendered a proof, or his representative, authorised in writing, or the holder of a general proxy or general power of attorney from a creditor may question the debtor on his public examination concerning his affairs and the causes of his failure. |
|
.................................................... |
|
Address ............................................. |
|
(The debtor's statement of affairs (a) ..............................................................) |
|
NOTE |
|
At the first meeting the creditors may amongst other things– |
|
1. By ordinary resolution resolve that the debtor be adjudged bankrupt, and in that case they may also, by ordinary resolution, appoint a trustee. |
|
2. By ordinary resolution fix the remuneration of the trustee, or resolve that the same be left to the committee of inspection. |
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3. By ordinary resolution appoint a committee of inspection from among the creditors or holders or intended holders of general powers of attorney for the creditors. |
FORM 34
NOTICE TO CREDITORS OF FIRST MEETING IN SUMMARY CASE WHERE
DEBTOR HAS NOT SUBMITTED ANY OFFER OF COMPOSITION
(Rule 204)
(Title) |
|
SUMMARY CASE |
|
(Under receiving order dated the ......................... day of ......................... 20........) |
|
Notice is hereby given that the first meeting of the creditors in the above matter will be held at .......................... on the ......................... day of ........................., 20........, |
|
(a) The debtor has been adjudged bankrupt, and an order for summary administration has been made by the Court. Under section 119 of the Bankruptcy Act the Receiver is the trustee in the bankruptcy, but the creditors can, by special resolution, appoint a trustee in his place. |
|
(b) An order for summary administration has been made by the Court. If the creditors resolve that the debtor shall be adjudged bankrupt the Receiver will become the trustee in the bankruptcy, but the creditors can, by special resolution, appoint some other person to be trustee. |
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To entitle you to vote thereat your proof must be lodged with me not later than .......... o'clock on the ......................... day of ......................... 20........ |
|
Forms of proof and of general and special proxy are enclosed herewith. |
|
Proxies to be used at the meeting must be lodged with me not later than ............... o'clock on the ......................... day of ......................... 20........ |
|
The public examination of the debtor is fixed for the ......................... day of ........................., 20........, at ................ o'clock in the ............... noon, at .................. |
|
Any creditor who has tendered a proof, or his representative, authorised in writing, or the holder of a general proxy or general power of attorney from a creditor, may question the debtor on his public examination concerning his affairs and the causes of his failure. |
|
Dated this ......................... day of ........................., 20........ |
|
.................................................... |
|
Address ............................................... |
|
(The debtor's statement of affairs (c) ...............................................................) |
FORM 35
NOTICE OF FIRST OR OTHER MEETING WHERE DEBTOR SUBMITS AN
OFFER OF COMPOSITION OR SCHEME (WHERE NO ORDER FOR SUMMARY
ADMINISTRATION HAS BEEN MADE)
(Rule 204)
(Title) |
|
(Under receiving order, dated the ......................... day of ......................... 20........). |
|
Notice is hereby given that a general meeting of creditors of the above-named debtor will be held at ................................. on the ......................... day of ......................... 20........, at ................... o'clock in the .............. noon precisely. Creditors required to vote at such meeting may, by resolution passed by majority in number, and three-fourths in value, of all the creditors who have proved their debts, accept the proposal made by the debtor for a composition [or scheme], the terms of which are set forth in the accompanying report, or any amendment of such proposal which in the opinion of the Receiver is calculated to benefit the general body of creditors. |
|
Proof of debts intended to be used at the meeting must be lodged with the Receiver not later than ............ o'clock in the ......................... day of ......................... 20........ |
|
Proxies and voting letters to be used at the meeting must be lodged not later than ............... o'clock on the ......................... day of ......................... 20........ |
|
Creditors who prove their debts, and whose proofs are admitted, and who do not vote on the debtor's proposal, will be reckoned as voting against it. |
|
A sitting of the Court for the public examination of the debtor will be held at ................................ on the ......................... day of ........................., 20........, at |
|
Any creditor who has tendered a proof, or his representative authorised in writing, or the holder of a general proxy or general power of attorney from a creditor, may question the debtor on his public examination concerning his affairs and the causes of his failure. |
|
Dated this ......................... day of ........................., 20........ |
|
................................................. |
|
Address ............................................... |
|
NOTES |
|
1. Creditors who have proved may vote for or against the acceptance of the debtor's proposals by means of the voting letter attached to the Receiver's report. |
|
2. If the proposal is not accepted the meeting may, if the debtor has not already been adjudged bankrupt, resolve on his adjudication and in that case they may also by ordinary resolution appoint a trustee and a committee of inspection, and fix the remuneration of the trustee or resolve that it be left to the committee of inspection. |
|
3. A form of proof and forms of general and special proxy and a summary of the statement of affairs are sent herewith. |
FORM 36
NOTICE OF MEETING IN SUMMARY CASE WHERE DEBTOR SUBMITS AN OFFER OF COMPOSITION, ETC.
(Rules 164 and 204)
(Title) |
|
(Under receiving order dated ..........................) |
|
Notice is hereby given that a general meeting of the creditors of the above-named debtor will be held at ............................... on the ........................ day of ........................, 20........, at .............. o'clock in the noon ................ precisely. |
|
Creditors qualified to vote at such meeting may, by a resolution passed by a majority in number, and three-fourths in value, of those who have proved their debts, accept the proposal made by the debtor for a composition [or scheme], the terms of which are set forth in the accompanying report, or any amendment of such proposal which, in the opinion of the Receiver, is calculated to benefit the general body of creditors. |
|
Proofs of debts intended to be used at the meeting must be lodged with the Receiver not later than ............ o'clock, on the ......................... day of ......................... 20........ |
|
Proxies and voting letters to be used at the meeting must be lodged with the Receiver not later than .............. o'clock, on the ......................... day of ......................... 20........ |
|
Creditors who prove their debts, and whose proofs are admitted, and who do not vote on the debtor's proposal, will be reckoned as voting against it. |
|
The public examination of the debtor will be held at .................................... on the ......................... day of ......................... 20........, at ............. o'clock in the ................ noon. |
|
Any creditor who has tendered a proof, or his representative, authorised in writing, may question the debtor on his public examination concerning his affairs and the causes of his failure. |
|
Dated this ......................... day of ........................., 20........ |
|
................................................. |
|
Address ............................................... |
|
NOTES |
|
1. Creditors who have proved may vote for or against the acceptance of the debtor's proposal by means of the voting letter attached to the Receiver's report. |
|
2. If the proposal be not accepted the meeting may, if the debtor has not already been adjudged bankrupt, resolve on his adjudication, when the Receiver will become the trustee, unless the creditors by special resolution appoint a trustee. |
|
3. Forms of proof and of general and special proxy and a summary of the statement of affairs are sent herewith. |
FORM 37
NOTICE TO CREDITORS OF ADJOURNED MEETING
(Rule 164)
(Title) |
|
TAKE NOTICE that the meeting of creditors in the above matter held on the ......................... day of ........................... at ................................ was adjourned to the ............................ day of .................... and will accordingly be held at ........................... |
|
Agenda |
|
[Insert here nature of business to be transacted]. |
|
Dated this ......................... day of ........................., 20........ |
|
................................................. |
|
Address ................................................ |
FORM 38
AFFIDAVIT OR CERTIFICATE OF POSTAGE OF NOTICES OF FIRST MEETING
(Rule 208)
(Title) |
I, ............................................................., a clerk in the office of the Receiver, in the above matter (a) make oath and say as follows (b): |
1. That I did on the ......................... day of ......................... 20........ send to each creditor mentioned in the debtor's statement of affairs, and to the above-named debtor a notice of the time and the place of the (c) first meeting of creditors, accompanied by summary of the debtor's statement of affairs in the form(s) hereunto annexed marked "A" and "B" respectively (d). |
2. That such notices were addressed to the said creditors respectively, according to their respective names and addresses appearing in the statement of affairs of the said debtor, and also to the said debtor at .................................................................... |
3. That I sent the said notice by putting the same into the Post Office before the hour of ............ o'clock in the ........... noon on the said day. |
Sworn, etc. (e). |
FORM 39
NOTICE TO DEBTOR TO ATTEND FIRST MEETING OF CREDITORS
(Rule 203)
(Title) |
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TAKE NOTICE that the first meeting of your creditors will be held on the ......................... day of ........................., 20........, at ................ o'clock at (a) ............... |
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Dated this ......................... day of ........................., 20........ |
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To the above-named debtor. | ................................................. |
Address ................................................ |
FORM 40
AUTHORITY TO DEPUTY TO ACT AS CHAIRMAN OF MEETING AND USE PROXIES
(Rule 265)
(Title) |
|
I, .........................................................., the Receiver in Bankruptcy in the above matter do hereby nominate Mr. ............................ of ................................... to be the chairman of the first meeting of creditors in the above matter, appointed to be held at .................................. on the ......................... day of ......................... 20........, and I |
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Dated this ......................... day of ........................., 20........ |
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................................................. |
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Address ................................................ |
FORM 41
RESOLUTIONS WHERE ADJUDICATION RESOLVED ON
(Title) |
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Minutes of resolutions come to and proceedings had at the first meeting of creditors held at ...................................... this ......................... day of ......................... 20........, Chairman, the Receiver [or the Receiver being absent, F.K., of ........................, Chairman]. |
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Resolved as follows [unanimously]: |
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That A.B. shall be adjudged bankrupt, and that the Receiver do apply to the Court to make the adjudication. |
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That G.H., of ........................................................ shall be the trustee of the property of the bankrupt at [here state remuneration] [or that the appointment of a trustee be made by the committee of inspection]. |
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That I.K., L.M., N.O., etc., be appointed the committee of inspection in this bankruptcy, for the purpose of superintending the administration of the property of the bankrupt by the trustee. |
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[Add any other resolution, if any]. |
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.......................................................... |
| |||||||
NOTE: When a resolution is carried unanimously the creditors need not sign, but when a division is taken all creditors and holders of proxies voting should sign. The signatures must be attached at the meeting. Resolution should be put separately. |
FORM 42
MEMORANDUM OF PROCEEDINGS AT FIRST MEETING IN SUMMARY CASES
(Title) |
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Before ............................... at ...................................... on the ......................... day of ........................., 20........, at ............ o'clock. |
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MEMORANDUM: The first meeting of the creditors in the above matter was held at the place and time above-mentioned, and the several proofs of debt lodged were produced; but no resolution was passed. |
|
.................................................. |
FORM 43
MEMORANDUM OF ADJOURNMENT OF FIRST OR OTHER MEETING
(Rule 210)
(Title) |
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Before ................................. at ...................................... on the ......................... |
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MEMORANDUM: The (a) .......................... meeting of creditors in the above matter was held at the time and place above-mentioned, and the several proofs of debt lodged were produced; but it appearing that (b) ........................................................................... the meeting was adjourned until the ......................... day of ........................., 20........, at .............. o'clock in the ............ noon, then to be held at the same place. |
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.................................................. |
FORM 44
MEMORANDUM OF PROCEEDINGS AT ADJOURNED FIRST MEETING WHERE NO QUORUM
(Rule 209)
(Title) |
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Before ................................. at ...................................... on the ......................... |
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MEMORANDUM: The adjourned meeting of creditors in the above matter was held at the time and place above-mentioned, and the several proofs of debt lodged were produced; but it appearing that there was not a quorum of creditors qualified to vote present or represented no resolution was passed, and the meeting was not further adjourned. |
|
.................................................. |
FORM 45
ORDER OF COURT FOR GENERAL MEETING OF CREDITORS
(Rule 13)
(Title) |
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Upon the application of C.D., of .................................................., it is ordered that the trustee of the property of the bankrupt [or the Receiver] do summon a meeting of the creditors of the bankrupt to be held at ....................................... on the ......................... |
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By the Court, |
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............................................... |
FORM 46
NOTICE OF MEETING (GENERAL FORM)
(Title) |
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Take notice that a meeting of creditors in the above matter will be held at .................. |
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(Forms of general and special proxy are enclosed herewith). |
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Agenda (a) .......................................................................................................... |
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Dated this ........................ day of ........................, 20........ |
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................................................... |
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Address ................................................ |
FORM 47
AFFIDAVIT AND CERTIFICATE OF POSTAGE OF NOTICES (GENERAL)
(Rule 208)
(Title) |
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I, ........................................................., a clerk in the office of C.D., Receiver, (a) |
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1. That I did on the .......................... day of .........................., 20........, send to each creditor who has proved in this matter, and also to all creditors mentioned in the debtor's statement of affairs, a notice of the time and the place of a (c) .......................................... meeting, in the form hereunto annexed, marked "A". |
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2. That such notices were addressed to such of the said creditors who have proved their debts according to the addresses in their respective proofs, and to such as have not proved, according to their respective names and addresses appearing in the statement of affairs of the said debtor. |
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3. That I sent the said notices by putting the same into the Post Office at ................, |
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Sworn, etc. (d) |
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Signature .......................................... |
FORM 48
NOTICE TO CREDITORS OF MEETING TO REMOVE TRUSTEE AND AND TO APPOINT A PERSON TO FILL THE VACANCY
(Rule 290)
(Title) |
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At the request of one-sixth in value of the creditors of the bankrupt a general meeting of the creditors is hereby summoned to be held at ............................................................... on the ......................... day of ........................., 20........, at ............... o'clock in the ................. noon, for the purpose of considering the propriety of removing G.H., the trustee of the property on the bankrupt, from his office as such trustee, and in the event of his removal to appoint a person to fill the vacancy. |
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Dated this ......................... day of ......................... 20........ |
|
.................................................. |
|
.................................................... |
FORM 49
NOTICE OF MEETING TO BE HELD TO APPOINT A NEW TRUSTEE
(Title) |
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I, C.D., the Receiver in the above matter, hereby give you notice that a meeting of creditors will be held at .................................................. on the ......................... day of ........................., 20........, at ............... o'clock in the .................... noon, for the purpose |
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Dated this ......................... day of ......................... 20........ |
|
To X.Y. | ................................................... |
FORM 50
MINUTES OF MEETING FOR RECEIVING RESIGNATION OF TRUSTEE, ETC.
(Rule 282)
(Title) |
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Minutes of proceedings had at a meeting of creditors of the said bankrupt held at ........................................... on the ......................... day of ........................., 20........ |
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Chairman of the meeting, E.F., of ......................................................................... |
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Resolved [here should follow resolution]. |
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......................................................... |
FORM 51
LIST OF CREDITORS ASSEMBLED TO BE USED AT EVERY MEETING
(Except a meeting where scheme or composition has been considered) |
(Title) |
Meeting held at ................................................. this ......................... day of ........................., 20........ |
Number | Names of Creditors present or assembled | Amount of Proof |
|
Shs. | Cts. |
||
1 | |||
2 | |||
3 | |||
4 | |||
5 | |||
6 | |||
7 | |||
7 | Total Number of Creditors present assembled |
FORM 52
LIST OF CREDITORS FOR USE AT MEETING HELD FOR CONSIDERATION OF COMPOSITION OR SCHEME
(Title) |
Meeting held at ................................................. this ......................... day of ........................., 20........ |
| Names of all Creditors whose proofs have been admitted | Here state as to each Creditor whether he voted and if so, how, whether personally, by Proxy, or Voting Letter |
|
|
||
Shs. | Cts. | Shs. | Cts. |
|||
Total number | Total Amount ........ |
Required number for majority ....................................................... |
|
Required value ........................................... | Shs. ................... |
FORM 53
PROOF OF DEBT (GENERAL FORM)
(Rule 212)
(Title) |
Re (a) ................................................. No. (a) ..................................... of 20........ |
(c) That I am in the employ of the under-mentioned creditor, and that I am duly authorised by .............................................. to make this affidavit, and that it is within my own knowledge that the debt hereinafter deponed to was incurred, and for the consideration stated, and that such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied. |
(d) That I am duly authorised, under the seal of the company hereinafter named, to make the proof of debt on its behalf. |
That the said ..................................... was, at the date of the receiving order viz., the ......................... day of ........................., 20........, still justly and truly indebted to (e) ........................................................................................ in the sum of .................... |
Date | Drawer | Acceptor | Amount | Date due |
||
Shs. | Cts. | |||||
Admitted to vote for Shs. ............ the ............ day of .......... 20..... Receiver or Trustee Admitted to rank for dividend for Shs. .............. the ............. day of .......... 20..... Receiver or Trustee | ||||||
Sworn at .................................................................. | ) |
|||||
Before me, |
||||||
(j) ....................................................... |
The proof cannot be admitted for voting at the first meeting unless it is properly completed and lodged with the Receiver before the time named in the notice convening such meeting. |
Particulars of Account referred to on other side (Credit should be given for contra accounts) |
If space is not sufficient, let the particulars be annexed, but where the particulars are on a separate sheet of paper the same must be marked by the person before whom the affidavit is sworn. |
Signature of Deponent ...................................................... |
Date | Consideration | Amount | Remarks |
|
Shs. | Cts. | |||
FORM 54
PROOF BY TRUSTEE IN PRIOR BANKRUPTCY
(Rule 212)
(Title) |
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I, ........................................................, of ..................................................., make |
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1. The said .......................................................... was adjudicated a bankrupt in the ....................................... Court on ........................, 20........, and I am the trustee under |
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2. There was at the date of the receiving order herein, namely, the ......................... |
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3. I claim to prove in the present bankruptcy for the said amount. |
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Sworn, etc., before me, ..................................................... |
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Admitted to vote for Shs. ............ the ......................... day of ......................... 20........ |
|
................................................. |
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Admitted to rank for dividend for Shs. ............ this ......................... day of ........................., 20........ |
|
..................................................... |
FORM 55
PROOF OF DEBT OF WORKMEN
(Rule 213)
(Title) |
No. (a) ............................................... of ......................... 20........ |
Re (a) ................................................................................................................... |
I, (b) ..................................................................................................................., |
That I [or the said ..................................] was at the date of the receiving order, viz., the .......................... day of ......................... 20........, and still .................................... |
SCHEDULE (above referred to) |
1 | 2 | 3 | 4 | 5 | 6 |
|
Shs. | Cts. |
|||||
Sworn at ............................................................... this ......................... day of ........................., two thousand and ................................ |
|
Before me .......................................... | |
Deponent's signature ................................................... |
FORM 56
NOTICE OF REJECTION OF PROOF OF DEBT
(Rule 221)
(Title) |
|
Take notice that, as Receiver or Trustee of the above estate, I have this day rejected your claim against such estate (a) [to the extent of Shs. ............], on the following grounds: |
|
And further take notice that if you are dissatisfied with my decision in respect of your proof you may apply to the Court to reserve or vary the same but, subject to the power of the Court to extend the time, no application to reverse or vary my decision in rejecting your proof will be entertained after the expiration of (b) ................. days from this date. |
|
Dated this ......................... day of ........................., 20........ |
|
To .......................................................... |
|
Address .................................................. | |
................................................... |
FORM 57
GENERAL PROXY
(Rule 225)
(Title) |
|
I, (a) C.D. of .........................................................................................., creditor, hereby appoint the Receiver in the above matter [or Mr. A.B., of .................................., a clerk in my regular employ] to be my (or our) general proxy in the above matter [excepting as to the receipt of dividend]. |
|
Dated this ......................... day of ........................., 20........ |
|
(Signed) (b) C.D. ....................................... ...................................... |
|
Signature of witness .................................................. |
|
Address ................................................................. |
|
NOTES |
|
(1) When the creditor desires that his general proxy should receive dividends he should strike out the words "excepting as to the receipt of dividend," putting his initials thereto. |
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(2) The authorised agent of a corporation may fill up blanks, and sign for the corporation, thus: |
|
"For the .................................................................. Company". |
|
J.S. [duly authorised under the seal of the company]. |
|
(3) A proxy given by a creditor may be filed up and signed by any person having a general authority in writing to sign for such firm or person. Such person shall sign– |
|
"J.S. [duly authorised by a general authority in writing to sign on behalf of (name of firm or person) (c). |
|
Certificate to be signed by person other than creditor filling up the above proxy |
|
I, ................................................... of ........................................................, hereby certify that all insertions in the above proxy are in my own handwriting, and have been made by me at the request of the above-named ....................., and in his presence before he attached his signature [or mark] thereto. |
|
Dated this ......................... day of ........................., 20........ |
|
Signature ................................................ |
|
The proxy must be lodged with the Receiver or Trustee not later than four o'clock on the day before the meeting at which it is to be used. |
FORM 58
SPECIAL PROXY
(Rule 225)
(Title) |
|
(a) C.D., of .................................................................................., a creditor, hereby appoint the or "the Receiver in the above matter".')">(b) .................................. as my (or our) proxy at the meeting of creditors to be held on the ......................... day of ........................., 20........ or at an adjournment thereof, to vote (c) ................. |
|
Dated this ......................... day of ........................., 20........ |
|
(Signed) (d) C.D. ....................................... ...................................... |
|
Signature of witness ................................................. |
|
Address ................................................................. |
|
NOTES |
|
1. A creditor may give a special proxy to or any person to vote at any specified meeting or adjournment thereof on all or any of the following matters: |
|
2. (a) For or against any specific proposal for a composition or scheme of arrangement. |
|
(b) For or against the appointment of any specified person as trustee at a specified rate of remuneration, or as member of the committee of inspection, or for or against the continuance in office of any specified person as trustee or member of a committee of inspection. |
|
(c) On all questions relating to any matter, other than those above referred to, arising at any specified meeting or adjournment thereof. |
|
2. The authorised agent of a corporation may fill up blanks and sign for the corporation thus– |
|
"For the ............................................... Company, |
|
J.S. [duly authorised under the seal of the company]". |
|
3. A proxy given by a creditor may be filled up and signed by any person in the employ of the creditor having a general authority in writing to sign for such creditor. Such person shall sign "J.S. [duly authorised by a general authority in writing to sign on behalf of (name of creditor)]. (e) |
|
Certificate to be signed by person other than creditor filling up the above proxy |
|
I, .................................................... of ......................................................, hereby certify that all insertions in the above proxy are in my own handwriting, and have been made by me at the request of the above-named ......................................................., and |
|
Dated this ......................... day of ........................., 20........ |
|
Signature ................................................... |
|
The proxy must be lodged with the Receiver or trustee not later than four o'clock on the day before the meeting at which it is to be used. |
FORM 59
APPLICATION BY THE RECEIVER FOR AN ORDER APPOINTING A SITTING FOR THE PUBLIC EXAMINATION OF THE DEBTOR
(Rule 155)
(Title) |
|
A receiving order having been made in the above matter, application is hereby made to the Court by the Receiver for an order appointing the ...................... day of .................... |
|
Dated this ......................... day of ........................., 20........ |
|
................................................. |
FORM 60
ORDER APPOINTING A TIME FOR PUBLIC EXAMINATION OF THE DEBTOR
(Rule 155)
(Title) |
|
Upon the application of the Receiver in the above matter it is ordered that the public examination of the above-named debtor be held at (a) ................................................ on |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
|
NOTE: Notice is hereby given that if you, the above-named debtor, fail without reasonable excuse to attend the time and place aforesaid you will be liable to be committed to prison without further notice. |
FORM 61
NOTES OF PUBLIC EXAMINATION OF DEBTOR WHERE SHORTHAND WRITER IS NOT APPOINTED
(Rule 163)
(Title) |
|
Public Examination of the Debtor |
|
Before ............................................... at the ...................................... Court, this ......................... day of ........................., 20........ |
|
The above-named debtor being sworn and examined at the time and place above-mentioned, upon his oath saith as follows: |
|
A |
|
These are the notes of the public examination referred to in the memorandum of public examination of ............................................, taken the ........................ |
|
................................................... |
FORM 62
ORDER OF ADJOURNMENT OF PUBLIC EXAMINATION
(Rule 155)
(Title) |
|
This being the day appointed for the (a) public examination of the above-named .........................................., and the said ...................................... having submitted |
|
Dated this ......................... day of ........................., 20........ |
|
.............................................. |
FORM 63
ORDER DISPENSING WITH PUBLIC EXAMINATION OF DEBTOR
(Rule 163)
(Title) |
|
Upon the application of the Receiver (or, of (a) .......................................................... |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
.............................................. |
FORM 64
ORDER AS TO EXAMINATION OF DEBTOR WHO IS SUFFERING FROM MENTAL OR PHYSICAL AFFLICTION OR DISABILITY
(Rule 163)
(Title) |
|
Upon application of the Receiver [or, of (a) .............................................................. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
.............................................. |
FORM 65
MEMORANDUM OF PUBLIC EXAMINATION OF DEBTOR
(Rule 155)
(Title) |
|
MEMORANDUM– That I ............................................................................., the above-named debtor, being sworn and examined, upon my oath, say that the notes of my public examination, marked "A" and appended hereto, were read over by or to me, and are correct. |
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And I further say, that at the time of my examination, I have delivered up to the Receiver or the trustee of my estate, all property, estate and effects, and all books, papers, and writings relating thereto. |
|
And I further say, that I have made a full disclosure of all my assets and of all my debts and liabilities of whatever kind, and that I have not removed, concealed, embezzled, or destroyed any part of my estate, movable or immovable, nor any books of account, papers, or writings relating thereto, with an intent to defraud my creditors, or to conceal the state of my affairs. |
|
(Here insert any special matter) ................................................................................. |
|
.................................................. |
|
Sworn before me this .......................... day of .......................... 20........ |
FORM 66
ORDER OF COURT THAT EXAMINATION IS CONCLUDED
(Rule 155)
(Title) |
|
Whereas the above-named A.B. has duly attended before the Court, and has been publicly examined as to his conduct, dealings, and property: |
|
And whereas the Court is of opinion that the affairs of the said A.B. have been sufficiently investigated: It is hereby ordered that the examination of the said A.B. is concluded. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
.............................................. |
FORM 67
PROPOSAL FOR A COMPOSITION
(Rule 164)
(Title) |
|
I, ........................................................................., the above-named debtor, hereby submit the following proposal for a composition in satisfaction of my debts: |
|
1. That payment in priority to all other of my debts of all debts directed to be so paid in the distribution of the property of a bankrupt shall be provided for as follows: |
|
[Set out terms of proposal so far as relates to preferential claims]. |
|
2. That provision for payment of all proper costs, charges, and expenses of and incidental to the proceedings, and all fees and percentages payable to the Receiver shall be made in the following manner: |
|
[Set out or indicate by reference to the scheme, how it is proposed to satisfy preferential claims]. |
|
3. That the following composition shall be paid as hereinafter mentioned on all provable debts: |
|
[Set out terms of composition]. |
|
4. That the payment of the composition be secured in the following manner: |
|
[Set out full names and addresses of sureties (if any) and complete particulars of all securities intended to be given]. |
|
Dated this ......................... day of ........................., 20........ |
|
.................................................. |
FORM 68
PROPOSAL FOR A SCHEME
(Rule 164)
I, .........................................................................., the above-named debtor, hereby submit the following proposal for a scheme of arrangement of my affairs in satisfaction of my debts. |
|
1. That: .......................................................................................................... |
|
[Set out terms of Scheme]. |
|
2. That payment in priority to all other of my debts of all debts directed to be so paid in the distribution of the property of a bankrupt is provided for as follows: |
|
[Set out or indicate by reference to the scheme, how it is proposed to satisfy preferential claims]. |
|
3. That provision for the payment of all proper costs, charges and expenses of, and incidental to, the proceedings and all fees and percentages payable to the Receiver is provided for as follows: |
|
[Set out or indicate by reference to the scheme, how it is proposed to provide for fees, in costs, charges, etc.]. |
|
[Set out any other terms]. |
|
Dated this ......................... day of ........................., 20........ |
|
.................................................. |
FORM 69
REPORT OF RECEIVER ON PROPOSAL FOR COMPOSITION OR SCHEME AND VOTING LETTER
(Rule 164)
(Title) |
|
The Receiver of the above estate hereby reports– |
|
That the debtor has lodged with him a proposal for a composition [or scheme] to be submitted to the creditors, of which the following is a copy: |
|
[Here set out fully the terms of proposal]. |
|
That the liabilities, as shown by the debtor's statement of affairs, amount to the sum of Shs. ............ and the assets are estimated by the debtor at the sum of Shs. ............ after payment of preferential debts. |
|
That the value of the assets is [fairly estimated by the debtor] [or, as the case may be]. |
|
That the terms of the debtor's proposal [set out report as to proposal and the debtor's conduct]. |
|
Dated this ......................... day of ........................., 20........ |
|
................................................. |
|
VOTING LETTER |
|
(Title) |
|
I, ...................................................... of .................................................., a creditor |
|
Dated this ......................... day of ........................., 20........ |
|
..................................................... |
|
Witness .............................................. |
|
Address .......................................................... |
FORM 70
RESOLUTION ACCEPTING COMPOSITION
(Rule 165)
(Title) |
|
Minutes of resolutions come to and proceedings had at a meeting of creditors held at .............................................. this ......................... day of ......................... 20......., |
|
Resolved as follows [unanimously]: |
|
That the debtor's proposal for a composition, as set forth in the annexed paper writing, marked "A" be accepted. |
|
................................................... |
Number | Assenting Creditors' Signatures | Amount of Proof | Number | Dissenting Creditors' Signatures | Amount of Proof |
||
Shs. | Cts. | Shs. | Cts. |
||||
NOTE: When a resolution is carried unanimously the creditors need not sign, but when a division is taken all creditors and holders of proxies voting should sign. The signatures must be attached at the meeting. Resolution should be put separately. |
FORM 71
RESOLUTION ACCEPTING A SCHEME OF ARRANGEMENT
(Rule 165)
(Title) |
|
Minutes of resolutions come to and proceedings had at a meeting of creditors held at ............................................. this ......................... day of ......................... 20........, |
|
Resolved as follows: (a) ..................................................................................... |
|
That the debtor's proposal for a scheme of arrangement as set forth in the paper writing hereunto annexed, and marked with the letter "A", be accepted. |
|
................................................... |
Number | Assenting Creditor's Signatures | Amount of Proof | Number | Dissenting Creditors' Signatures | Amount of Proof |
||
Shs. | Cts. | Shs. | Cts. |
||||
NOTE: When a resolution is carried unanimously the creditors need not sign, but when a division is taken all creditors and holders of proxies voting should sign. The signatures must be attached at the meeting. Resolutions should be put separately. |
FORM 72
APPLICATION TO EXTEND TIME FOR APPROVING A COMPOSITION OR SCHEME, AND ORDER THEREON
(Title) |
|
Ex parte the Receiver |
|
The Receiver in the above matter reports to the Court– |
|
That a (a) ............................................................ was on the ......................... day |
|
That the public examination of the debtor was concluded on the ......................... day |
|
That (b) ................................................................ in time to allow of the approval of the said (a) ....................................................................... within fourteen days after the conclusion of the examination of the debtor as required by section 20 of the Bankruptcy Act. |
|
Under these circumstances, an application is made for an extension of time to the ......................... day of ......................... 20........, for obtaining such acceptance or approval. |
|
Dated this ......................... day of ........................., 20........ |
|
.................................................... |
|
ORDER |
|
Before ................................................... |
|
Upon reading the above report of the Receiver, and hearing ................................, it is ordered that time for obtaining the approval of the said (a) .............................................. |
|
By the Court, |
|
..................................................... |
FORM 73
APPLICATION TO COURT TO APPOINT A DAY FOR APPROVING COMPOSITION OR SCHEME
(Rule 165)
(Title) |
|
Whereas at a meeting of creditors of the above-named debtor, held at ....................... |
|
And whereas the public examination of the said debtor was concluded on the ......................... day of ......................... 20........ |
|
NOW the (b) ....................... applies to the Court to fix a day for the consideration of the above-mentioned (a) ........................................................................................... |
|
The gross amount of the (c) ............................................................... on which the ad valorem fee will be payable is Shs. ............ |
|
Dated this ......................... day of ........................., 20........ |
|
.................................................... |
|
ORDER |
|
Before ........................................................ |
|
Upon reading the above application, and hearing ......................................, it is ordered that the application for the consideration by the Court of the above-mentioned (a) .................................................... shall be heard at ........................................ on the ......................... day of ......................... 20........ |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
..................................................... |
FORM 74
APPLICATION TO COURT TO APPOINT A DAY FOR APPROVING COMPOSITION OR SCHEME IN A SUMMARY CASE
(Rule 165)
(Title) |
|
SUMMARY CASE |
|
Whereas an order for the summary administration of the estate of the above-named ..................................................... was made by the Court on the ......................... day |
|
And whereas at a meeting of creditors of the above-named debtor, held at .................. |
|
And whereas the public examination of the said debtor was concluded on the ......................... day of ......................... 20........ |
|
Now the (b) ..................... applies to the Court to fix a day for the consideration of the above-mentioned (a) ............................................................................................. |
|
The gross amount of the (c) ................................................................ on which the Dated this ......................... day of ........................., 20........ |
|
.................................................... |
|
ORDER |
|
Before ........................................................ |
|
Upon reading the above application, and hearing ............................................ it is ordered that the application for the consideration by the Court of the above-mentioned (a) ............................................................................. shall be heard at ......................... |
|
By the Court, |
|
..................................................... |
FORM 75
NOTICE TO CREDITORS OF APPLICATION TO COURT TO APPROVE COMPOSITION OR SCHEME OF ARRANGEMENT
(Rule 167)
(Title) |
|
TAKE NOTICE that application will be made to the above Court sitting at ................., |
|
Dated this ......................... day of ........................., 20........ |
|
............................................... |
FORM 76
NOTICE TO CREDITORS OF APPLICATION TO COURT TO APPROVE COMPOSITION OR SCHEME OF ARRANGEMENT IN A SUMMARY CASE
(Rule 167)
SUMMARY CASE |
|
TAKE NOTICE that application will be made to the above Court sitting at .................., |
|
............................................... |
FORM 77
NOTICE TO OFFICIAL RECEIVER OF APPLICATION TO COURT BY DEBTOR TO APPROVE COMPOSITION OR SCHEME
(Rule 166)
(Title) |
|
TAKE NOTICE that application will be made to the Court on the ......................... day of ........................., at ............ o'clock in the ............ noon, to sanction the composition [or scheme] approved on the ......................... day of ......................... 20........, by the statutory majority of creditors. |
|
Dated this ......................... day of ........................., 20........ |
|
............................................... |
FORM 78
ORDER ON APPLICATION TO APPROVE COMPOSITION OR SCHEME
(Rule 171)
(Title) |
|
On the application of ......................................................................, and on reading |
|
And being satisfied |
|
(a) That no facts have been proved which would justify the Court in refusing, qualifying, or suspending an order of discharge. |
|
Or |
|
(b) That facts have been proved which would justify the Court in refusing, qualifying or suspending an order of discharge, but that having regard to the nature of such facts, and the composition [or scheme] providing reasonable security for payment of not less than five shillings in the pound on all unsecured debts provable against the debtor's estate, the said composition [or scheme] is hereby approved, and it is ordered– |
|
(i) That the receiving order made against the said ................................ on the ......................... day of ......................... 20........, be and the same is hereby discharged. |
|
Or |
|
(ii) That the order of adjudication made against the said ......................... on the ......................... day of ......................... 20........, be and the same is hereby annulled, |
|
and being satisfied that the said terms are not unreasonable or calculated to benefit the general body of creditors. |
|
And being satisfied |
|
(a) That the case is one in which the Court would be required, if the debtor were adjudged bankrupt, to refuse his discharge. |
|
(b) That facts have been proved which would, under the Bankruptcy Act, justify the Court in refusing, qualifying or suspending the debtor's discharge. |
|
The Court doth refuse to approve the said composition [or scheme]. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 79
APPLICATION FOR ENFORCEMENT OF PROVISION IN A COMPOSITION OR SCHEME
(Rule 178)
(Title) |
|
In the matter of a composition (or scheme of arrangement) made by A.B., of ................................................................ I, F.M., of ................................................., |
|
Dated this ......................... day of ........................., 20........ |
|
............................................... |
FORM 80
AFFIDAVIT IN SUPPORT OF APPLICATION FOR ENFORCEMENT OF PROVISIONS OF A COMPOSITION OR SCHEME
(Rule 178)
(Title) |
|
In the matter of a composition (or scheme of arrangement) made by A.B., of ...................................................................... |
|
I, F.M., of ...................................................................., make oath and say– |
|
1. That I am interested in the said composition (or scheme of arrangement), having proved by debt as a creditor of the said A.B. [or as the case may be]. |
|
2. That (one of) the provisions of the said composition (or scheme of arrangement) is (or are) [here set it or them out]. |
|
3. That ..................................................... has failed to comply with the said provisions [or as the case may be]. |
|
Sworn at, etc. |
|
Dated this ......................... day of ........................., 20........ |
|
............................................... |
FORM 81
ORDER FOR ENFORCEMENT OF PROVISIONS IN A COMPOSITION OR SCHEME
(Rule 178)
(Title) |
|
In the matter of a composition (or scheme of arrangement) made by A.B., of ........................................................................ |
|
Upon the application of F.M., of .................................................................., and reading [here insert evidence], and upon hearing ........................................., the Court being of opinion that the provisions of the said composition (or scheme of arrangement) mentioned in the said affidavit should be enforced, it is ordered that [here insert order]. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
..................................................... |
|
To ................................................................ |
|
Take notice that unless you obey the direction contained in his order, you will be deemed to have committed a contempt of Court. |
FORM 82
CERTIFICATE OF APPROVAL OF COMPOSITION OR SCHEME
(Rule 171)
(Title) |
|
I hereby certify that a composition (or scheme of arrangement) between A.B, of .........................................................., the above-named debtor, and his creditors was |
|
................................................ |
FORM 83
NOTICE TO DEBTOR OF INTENDED APPLICATION FOR ADJUDICATION
(Title) |
Take notice that, on behalf of the Receiver, application will be made to the Court ....................................., at ............. on ......................... day the ......................... day |
(a) ...................................................................................................................... |
[And further take notice that leave has been obtained to serve you with short notice of this application]. |
Dated this ......................... day of ........................., 20........ |
To the above named ................................................................... |
FORM 84
APPLICATION FOR ADJUDICATION UNDER SECTION 16 OF THE BANKRUPTCY ACT
(Title) |
|
The Receiver in the above matter reports to the Court– |
|
That a receiving order was made against the above-named debtor on the .......................... day of ......................... 20........ |
|
That a copy of the form hereunto annexed was ............................................ to the said debtor on the ......................... of ......................... 20........ |
|
That the debtor has not submitted a statement of and in relation to his affairs as required by section 16 of the Act nor has he furnished the Receiver with any reasonable excuse for his failure to do so. |
|
The Receiver accordingly, in pursuance of section 16 of the Bankruptcy Act, makes application to the Court to adjudge the said debtor bankrupt. |
|
Dated this ......................... day of ........................., 20........ |
|
.................................................... |
FORM 85
APPLICATION FOR ADJUDICATION UNDER SECTION 16 OF THE BANKRUPTCY ACT AND RULE 185 OF THE BANKRUPTCY RULES
(Title) |
|
The Receiver in the above matter reports to the Court– |
|
That a receiving order was made against the above-named debtor on the ......................... day of ......................... 20........ |
|
That the act of bankruptcy on which the petition was founded was the allegation that the debtor had within three months before the date of presentation of the petition .................................................................................. |
|
That from inquiries made since the receiving order, the statement that the debtor had ...................................................... appears to have been well founded, and the present place and residence of the debtor has not been ascertained. |
|
That the debtor has failed to attend at the office of the Receiver to be examined in respect to his property and creditors, and to give necessary information relative to his estate, affairs, conduct, and dealings, and to receive instructions as to the preparation of a statement of and in relation to his affairs in accordance with the notice (a copy of which is hereto annexed) sent by post addressed to ................................................................. |
|
That the debtor has not submitted a statement of and in relation to his affairs in pursuance of section 16 of the Act. |
|
The Receiver accordingly, in pursuance of the provisions of section 16 of the Bankruptcy Act and rule 185 of the Bankruptcy Rules, makes application to the Court to adjudge the said debtor .................................................. bankrupt. |
|
Dated this ......................... day of ........................., 20........ |
|
.................................................... |
FORM 86
APPLICATION FOR ADJUDICATION AFTER RESOLUTION FOR BANKRUPTCY OR BY CONSENT
(Title) |
|
The Receiver of the estate of the above-named debtor hereby reports to the Court– |
|
That at the first meeting of the creditors of the said debtor ................................., held at ......................................., on the ......................... day of ......................... 20........, |
|
"That ................................................., the above-named debtor, shall be adjudged bankrupt, and that the Receiver do apply to the Court to make the adjudication." |
|
(a) ..................................................................................................................... |
|
The Receiver accordingly, in pursuance of the provisions of section 20 of the Bankruptcy Act, makes application to the Court to adjudge the said debtor bankrupt. |
|
Dated this ......................... day of ........................., 20........ |
|
.................................................... |
FORM 87
APPLICATION FOR ADJUDICATION: NO QUORUM, SUMMARY ADMINISTRATION
(Title) |
|
The Receiver reports to the Court– |
|
That a receiving order was made against the above-named debtor on the ......................... day of ......................... 20......... |
|
That an order for the summary administration of the estate of the debtor was made on the ......................... day of ......................... 20......... |
|
That the first meeting of the creditors was duly summoned to be held at ..................., |
|
That creditors qualified to vote not being present or represented thereat to form a quorum, no resolution was passed. |
|
That (a) ............................................................................................................... |
|
The Receiver accordingly, in pursuance of the provisions of section 20 of the Bankruptcy Act, makes application to the Court to adjudge the said debtor bankrupt. |
|
Dated this ......................... day of ........................., 20........ |
|
.................................................... |
FORM 88
APPLICATION FOR ADJUDICATION WHERE NO QUORUM AT ADJOURNED MEETING
(Title) |
|
The Receiver reports to the Court– |
|
That a receiving order was made against the above-named debtor on the ......................... day of ......................... 20......... |
|
That the first meeting of creditors was duly summoned to be held at ......................, |
|
That creditors qualified to vote not being present or represented thereat to form a quorum, the said meeting was adjourned to the ......................... day of ......................... 20......... |
|
That at such adjourned meeting creditors qualified to vote not being present or represented to form a quorum no resolution was passed. |
|
That (a) ............................................................................................................... |
|
The Receiver accordingly, in pursuance of the section 20 of the Bankruptcy Act, makes application to the Court to adjudge the said debtor bankrupt. |
|
Dated this ......................... day of ........................., 20........ |
|
.................................................... |
FORM 89
ORDER OF ADJUDICATION
(Rule 184)
(Title) |
|
Pursuant to a petition dated ............................. against [here insert name, description and address of debtor] on which a receiving order was made on the [date] and on the application of [here insert "the Receiver" or "the debtor himself" or "A.B., of ......................, a creditor"], and on reading ............................. and hearing .........................., it is ordered that the debtor be and the said debtor is hereby adjudged bankrupt. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
|
Or |
|
Whereas pursuant to a petition dated ............................. against A.B., a receiving order was made on the [date]. And whereas it appears to the Court that the first meeting of creditors held on the [date] (or at an adjournment of the first meeting of creditors) at ..............................., it was duly resolved that the debtor be adjudged bankrupt, it is ordered that the debtor be and the said debtor is hereby adjudged bankrupt. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 90
ORDER OF ADJUDICATION AFTER RECEIVING ORDER UNDER SECTION 102 OF THE BANKRUPTCY ACT
(Title) |
|
Whereas a receiving order was made against the above-named debtor on the ......................... day of ......................... upon the hearing of an application for his commitment to prison for default in payment of moneys pursuant to an order of the Court, and in lieu of his commitment to prison for such default. |
|
And whereas it appears to this Court that [grounds of application for adjudication]. It is ordered that the debtor be and the said debtor is hereby adjudged bankrupt. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 91
APPLICATION TO ANNUL ADJUDICATION UNDER SECTION 33 OF THE BANKRUPTCY ACT
(Rule 189)
(Title) |
|
I, R.S., of ..........................................................., being interested in this matter, do hereby make application to the Court that the order of adjudication against A.B. be annulled [here state grounds of application]. |
|
Dated this ......................... day of ........................., 20........ |
|
................................................... |
FORM 92
ORDER ANNULLING ADJUDICATION UNDER SECTION 33 OF THE BANKRUPTCY ACT
(Rule 189)
(Title) |
|
On the application of R.S., of ....................................................., and on reading ................................., and hearing ..............................., it is ordered that the order of adjudication dated ......................, against A.B., of ....................................., be and the same is hereby annulled. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 93
NOTICE TO RECEIVER AND TRUSTEE OF APPLICATION FOR ANNULMENT OR RESCISSION ON PAYMENT OF DEBTS IN FULL
(Rule 189)
(Title) |
|
The bankrupt (or debtor) having applied to the Court for annulment of the order of adjudication [or rescission of the receiving order) made against him on the ground that he has paid his debts in full, the Court has fixed the ......................... day of ......................... 20........., at ............ o'clock in the ............. noon at .................................... for hearing |
|
Dated this ......................... day of ........................., 20........ |
|
................................................... |
|
To the Receiver, | |
and | |
Mr. ...................................., Trustee of the estate of the bankrupt. |
FORM 94
APPLICATION FOR ORDER OF DISCHARGE
(Rule 190)
(Title) |
|
I, A.B., of ..............................................................., having been adjudged bankrupt on the ......................... day of ......................... 20........., and being desirous of obtaining my discharge, hereby apply to the Court to fix a day for hearing my application. |
|
My public examination was concluded on the ......................... day of ......................... 20......... |
|
Annexed hereto is the certificate of the Receiver certifying the number of my creditors. |
|
Dated this ......................... day of ........................., 20........ |
|
To the Registrar of the High Court. | |
................................................... |
FORM 95
CERTIFICATE OF NUMBER OF CREDITORS
(Rule 190)
(Title) |
|
I certify that the creditors of the above bankrupt who require to be notified of his intention to apply for his discharge are ............................. in number. |
|
Dated this ......................... day of ........................., 20........ |
|
................................................... |
FORM 96
NOTICE OF OFFICIAL RECEIVER AND TRUSTEE OF APPLICATION FOR DISCHARGE
(Rule 190)
(Title) |
|
The bankrupt having applied to the Court for his discharge, the Court has fixed the ........................ day of ........................ 20........., at ............. o'clock in the ............... |
|
Dated this ......................... day of ........................., 20........ |
|
................................................... |
|
To the Receiver and Trustee. |
FORM 97
NOTICE TO CREDITORS OF APPLICATION FOR DISCHARGE
(Rule 190)
(Title) |
|
Take notice that the above-named bankrupt has applied to the Court for his discharge, and that the Court has fixed the ......................... day of ......................... 20........., at ............. o'clock, for hearing the application. |
|
Dated this ......................... day of ........................., 20........ |
|
................................................... |
|
To X.Y. |
FORM 98
ORDER GRANTING OR REFUSING DISCHARGE
(Rule 196)
(Title) |
|
On the application of A.B., of ......................................................., etc., adjudged bankrupt on the ......................... day of ......................... 20........., and upon taking into consideration the report of the Receiver as to the bankrupt's conduct and affairs, including the bankrupt's conduct during the proceedings under this bankruptcy, and upon hearing the Receiver, and C.D., E.F., etc., creditors, and G.H., the trustee [as the case may be]. |
|
And whereas it has not been proved that the bankrupt has committed any offence under the Act, or any offence connected with his bankruptcy, and proof has not been made of any of the facts mentioned in section 29(3) or section 30 of the Bankruptcy Act, or that the bankrupt has been guilty of any misconduct in relation to his property and affairs. |
|
It is ordered that he be and he hereby is discharged. |
|
Or |
|
And whereas it has been proved that the bankrupt has committed the following offences, namely: [here state particulars]. |
|
Or |
|
And whereas it has not been proved that the bankrupt has committed any offences mentioned in the Bankruptcy Act, but proof has been made of the following facts under section 28(3) (and/or section 29) of the Bankruptcy Act, namely: [here state particulars]. |
|
And/or that he has been guilty of misconduct in relation to his property and of. |
|
It is ordered that the bankrupt's discharge be and it is hereby refused. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 99
ORDER SUSPENDING DISCHARGE
(Rules 151 and 196)
(Title) |
|
On the application of ................................................................................. |
|
[Commencement as in Form 98] |
|
And whereas it has not been proved that the bankrupt has committed any of the offences mentioned in section 29 of the Bankruptcy Act [or it has been proved that the bankrupt has committed the following offences, namely: [set them out], but the Court has for the following special reasons (state them) determined that his discharge shall not on that ground be absolutely refused]; but proof has been made of the following facts under section 29(3) of the Bankruptcy Act (and/or section 30 of the Bankruptcy Act) [here state particulars]. And/or that he has been guilty of misconduct in relation to his property and affairs, namely: [here state particulars]. |
|
It is ordered that the bankrupt's discharge be suspended until a dividend of ............. shillings in the pound has been paid to his creditors, with liberty to the bankrupt at any time after the expiration of two years from the date of this order to apply for a modification thereof, pursuant to section 29 of the Bankruptcy Act. |
|
Or |
|
It is ordered that the bankrupt's discharge be suspended for ...................... years, and that he be discharged as from the ......................... day of ......................... 20......... |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 100
ORDER OF DISCHARGE WHERE ONLY FACT PROVED THAT ASSETS NOT EQUAL TO TEN SHILLINGS IN THE POUND
(Rule 196)
(Title) |
|
On the application of ....................................................................................... |
|
[Commencement as Form 98] |
|
And whereas it has not been proved that the bankrupt has committed any of the offences mentioned in section 29 of the Bankruptcy Act, and where the only fact under subsection (3) of that section and section 30 of which proof has been made is the fact that the bankrupt's assets are not of a value equal to ten shillings in the pound of the amount of his unsecured liabilities. |
|
It is ordered that the bankrupt's discharge be suspended for .......................... and that he be discharged as from the ......................... day of ......................... 20........ |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 101
ORDER OF DISCHARGE SUBJECT TO CONDITIONS AS TO EARNINGS, AFTER-ACQUIRED PROPERTY, AND INCOME
(Rule 196)
On the application of ....................................................................................... |
|
[Commencement as Form 98] |
|
And whereas it has not been proved (a) ................................................................ |
|
It is ordered that the bankrupt be discharged subject to the following conditions as to his future earnings, after-acquired property, and income: |
|
After setting aside out of the bankrupt's earnings, after-acquired property, and income, the yearly sum of Shs. ............ for the support of himself and family, the bankrupt shall pay the surplus, if any [or such portion of such surplus as the Court may determine], of such earnings, after-acquired property and income to the Receiver of trustee) for distribution among the creditors in the bankruptcy. An account shall, on the 1st day of January in every year, or within fourteen days thereafter, be filed in these proceedings by the bankrupt, setting forth a statement of his receipts from earnings, after-acquired property, and income during the year immediately preceding the said date, and the surplus payable under this order shall be paid by the bankrupt to the Receiver (or trustee) within fourteen days of the filing of the said account. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 102
ORDER OF DISCHARGE SUBJECT TO A CONDITION REQUIRING THE BANKRUPT TO CONSENT TO JUDGEMENT BEING ENTERED UP AGAINST HIM
(Rule 195)
(Title) |
|
On the application (a) .......................................................................................... |
|
It is ordered that the bankrupt be discharged subject to the following condition to be fulfilled before the discharge takes effect, namely, he shall, before the signing of the order, consent to judgment being entered against him in the Court .......................................... |
|
And it is further ordered, without prejudice and subject to any execution which may be issued on the said judgment with the leave of the Court, that the said sum of Shs. ............ be paid out of the future earnings and after-acquired property of the bankrupt in manner following, that is to say, after setting aside out of the bankrupt's earnings and after-acquired property a yearly sum of Shs. ............ for the support of himself and his family, the bankrupt shall pay the surplus, if any (or such portion of the surplus as the Court may determine), to the Receiver (or trustee) for distribution among the creditors in the bankruptcy. An account shall, on the first day of January in each year, or within fourteen days thereafter, be filed in these proceedings by the bankrupt, setting forth a statement of his receipts from earnings, after-acquired property, and income during the year immediately preceding the said date, and the surplus payable under this order shall be paid by the bankrupt to the Receiver (or trustee) within fourteen days of the filing of the said account. |
|
And it is further ordered that upon the required consent being given, judgment may be entered up against the bankrupt in the Court ......................................... for the said sum of Shs. ............ together with Shs. ............ for costs of judgment. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 103
CONSENT OF BANKRUPT TO JUDGMENT BEING ENTERED UNDER SECTION 29 OF THE BANKRUPTCY ORDINANCE
(Rule 195)
(Title) |
|
Re .............................................................................................................. |
|
I, A.B., of ........................................, the above-named bankrupt, do hereby consent to judgment being entered against me by the Receiver for the sum of Shs. ............., being the balance or part of the balance of the debts provable under my bankruptcy which is not satisfied at the date of any discharge; but this consent is subject to the provision contained in the Bankruptcy Act with regard to the issue of execution on such judgment. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 104
JUDGMENT TO BE ENTERED PURSUANT TO CONSENT
(Rule 195)
(Title) |
|
In the High Court of Tanzania |
|
No. .................................... 20........ |
|
Between ............................................................., Plaintiff, and A.B., Defendant. |
|
And in the matter of the bankruptcy of the said A.B. |
|
The ......................... day of ......................... 20........ |
|
Pursuant to the order of the Court dated the ......................... day of ........................., whereby it was ordered that [recite substance of order]. |
|
And the consent mentioned in the said order having been given and filed in the matter of the said bankruptcy. |
|
It is this day adjudged that the plaintiff recover against the said defendant Shs. ............, together with ............................ for costs of judgment. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 105
AFFIDAVIT BY BANKRUPT WHOSE DISCHARGE HAS BEEN GRANTED CONDITIONALLY AS TO AFTER-ACQUIRED PROPERTY OR INCOME
(Rule 200)
(Title) |
|
I, the above-named debtor, make oath and say as follows: |
|
1. I have since the date of my discharge resided and carried on business at ............., |
|
2. The statement hereto annexed is a full, true and complete account of all moneys earned by me and of all property and income acquired or received by me since the date of my discharge (or, since the date when I last filed a statement of after-acquired property and income in Court, namely, the ......................... day of ........................., 20........). |
|
Sworn at, etc. |
|
................................................... |
FORM 106
CERTIFICATE FOR REMOVAL OF DISQUALIFICATION
(Rule 196)
(Title) |
|
Whereas an order of discharge was, on the ......................... day of ......................... 20........ granted to A.B., the above-named bankrupt, it is hereby certified that the bankruptcy of the said A.B. was caused by misfortune without any misconduct on his part. |
|
Dated this ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 107
CERTIFICATE OF APPOINTMENT OF TRUSTEE
(Rule 277)
(Title) |
|
This is to certify that G.H., of ..........................................................., has been duly appointed and approved as trustee of the property of ......................................................., who was adjudged bankrupt on the ......................... day of ........................., 20........ |
|
By the Court, |
|
................................................... |
FORM 108
REPORT OF APPOINTMENT OF TRUSTEE TO FILL A VACANCY CAUSED BY RESIGNATION, ETC.
(Rule 282)
(Title) |
|
It is reported to the Court as follows: |
|
1. That a meeting of creditors in this bankruptcy was held on the ......................... |
|
2. That by resolution at such meeting, N.O., of ..................................................... |
|
Dated this ......................... day of ........................., 20........ |
|
............................................... |
FORM 109
APPLICATION BY TRUSTEE FOR COMMITTAL OR BANKRUPT OR OTHER PERSON
(Rule 69)
(Title) |
|
I, the trustee of the property of the said bankrupt [or as the case may be] do apply to this Court for an order of committal for contempt of this Court against the said bankrupt (or L.M., .......................................), on the ground set forth in the annexed affidavit. |
|
Dated this ......................... day of ........................., 20........ |
|
............................................... |
FORM 110
AFFIDAVIT OF A PERSON INTERESTED IN A COMPOSITION FOR COMMITTAL
(Rule 69)
In the matter of a composition made by A.B., of ................................................. I, F.M., of ......................................................., make oath and say– |
|
1. That .................................................. of .......................................................... |
|
2. That a copy of the said order was duly served on the said ................................... |
|
3. That the said ........................................ has failed to obey such order. |
|
Sworn at, etc. | |
............................................... |
FORM 111
AFFIDAVIT IN SUPPORT OF APPLICATION OF COMMITTAL OF DEBTOR FOR CONTEMPT UNDER SECTION 24 OF THE BANKRUPTCY ACT
(Rule 69)
(Title) |
|
I, G.H., the Receiver of the estate of the said debtor (the trustee of the property of the said bankrupt), make oath and say– |
|
1. Where the debtor does not submit to examination |
|
2. That the debtor did attend at the first meeting of his creditors held on the ......................... day of ........................., 20........, at ..........................................., and ............................................... wilfully refused to submit to be examined at such meeting in respect of his property (or his creditors), contrary to the provisions of the Bankruptcy Act. |
|
Or |
|
1. Where the debtor fails to attend a meeting other than the first |
|
2. That the said (debtor) bankrupt did wilfully fail to attend a meeting of his creditors held on the ......................... day of ........................., 20........, at ......................................... [or to wait on me at my office on the ......................... day of ........................., 20........], contrary to the provisions of the Bankruptcy Act. |
|
Or |
|
1. Where debtor fails to execute a deed |
|
2. That the said (debtor) bankrupt has wilfully failed to execute [here describe the deed, etc., that he has failed to execute], contrary to the provisions of the Bankruptcy Act. |
|
Or |
|
1. When the debtor fails to attend a meeting other than the first, or to execute a deed |
|
2. That the said (debtor) bankrupt was on the .......................... day of ........................., 20........, duly served with a notice, a copy of which is hereunto annexed, by leaving the same at his usual place of residence, requiring him to attend the said meeting [or to execute the above-mentioned deed, etc.]. |
|
Or |
|
1. When the debtor fails to obey any special orders of the Court |
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That the said (debtor) bankrupt has wilfully failed to perform the duty imposed on him by the Bankruptcy Act, section 24 [here insert any act he has been required to do by any special order of the Court, stating the day on which the order was made]. |
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2. That the said (debtor) bankrupt was duly served with a copy of such order by leaving the same as his usual place of residence on the ......................... day of ........................., 20........ |
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Or |
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1. When debtor fails to deliver up property |
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2. That the said (debtor) bankrupt has failed to deliver up possession of [here state the property he has failed to deliver up], which property is divisible among his creditors under the Bankruptcy Act, and which said property was (or is) in his possession or control, he having been required by me to deliver up the said property by notice, a copy for which is hereto annexed, and which notice was duly served upon him on the ......................... day |
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Sworn at, etc. | |
..................................................... |
FORM 112
AFFIDAVIT OF TRUSTEE UNDER SECTION 53(5) OF THE BANKRUPTCY ACT
(Rule 69)
(Title) |
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I, G.H., the trustee of the property of the said A.B., a bankrupt, make oath and say– |
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1. That I believe that L.M., of ................................................, hath in his possession or power as [here set out the capacity in which the person stands to the bankrupt] certain moneys (and securities) belonging to the bankrupt, that is to say (here set out and describe the particular moneys and securities). |
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2. That on the ......................... day of ........................., 20........, I did apply |
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3. That I firmly believe that the said L.M. is not entitled by law to retain such moneys (and securities) as against the bankrupt or against me as the trustee of the property of the bankrupt. |
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Sworn at, etc. | |
............................................... |
FORM 113
NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 18 OR 23 OF THE BANKRUPTCY ACT
(Rule 70)
(Title) |
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To ................................................... |
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Take notice that C.D., of .............................................. will on the ......................... |
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Dated this ......................... day of ........................., 20........ |
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............................................... |
FORM 114
NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 24 OF THE BANKRUPTCY ACT
(Rule 70)
(Title) |
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To the said A.B., bankrupt. |
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Take notice that the trustee (or Receiver) of the property of the said bankrupt will on |
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Dated this ......................... day of ........................., 20........ |
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............................................... |
FORM 115
NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 53(5) OF THE BANKRUPTCY ACT
(Rule 70)
(Title) |
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To [here insert name, address, and description of the person to whom the notice is to be sent]. |
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Take notice that the trustee (or Receiver) of the property of the bankruptcy will on the ......................... day of ........................., 20........, at ........... o'clock in the ............ noon, apply to this court for an order for your committal to prison for contempt of this Court, you having failed to pay and deliver to him certain moneys (and Securities) belonging to the bankrupt in your possession or power as [here state whether as treasurer; banker, etc.], that is to say [here state out and describe the particular moneys and securities]. And further take notice that you are required to attend the court on such day at the hour before stated to show cause why on order for your committal should not be made. |
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Dated this ......................... day of ........................., 20........ |
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............................................... |
FORM 116
ORDER OF COMMITTAL UNDER SECTION 18 OR 23 OF THE BANKRUPTCY ACT
(Rule 71)
(Title) |
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Whereas by an order of this Court made on the ......................... day of ........................., 20........ [here recite the order]. Now, upon the application of C.D. of ........................................................, and upon hearing A.B. (or as the case may be), |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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............................................... |
FORM 117
ORDER FOR COMMITTAL UNDER SECTION 24 OF THE BANKRUPTCY ACT
(Rule 71)
(Title) |
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Upon application of the trustee (or Receiver) of the property of the bankrupt (or debtor) and upon hearing the bankrupt [or if he does not appear] and reading the affidavit of [here insert name and description of person by whom the notice to show cause was served], and upon reading the affidavit of [enter evidence], the Court being of opinion that the bankrupt has been guilty of a contempt of this Court by having failed to [here follow the notice], it is ordered that the said bankrupt do stand committed to [here insert prison] for the said contempt. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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............................................... |
FORM 118
ORDER OF COMMITTAL UNDER SECTION 53(5) OF THE BANKRUPTCY ACT
(Rule 71)
(Title) |
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Upon the application of the trustee of the property of the bankrupt, and upon hearing L.M. [or if L.M. does not appear], and reading the affidavit of [here insert name and description of person by whom the notice to show cause was served], and upon reading the affidavit of [enter evidence], the Court being of opinion that L.M. has been guilty of a contempt of this Court by having failed to pay and deliver to the said trustee certain moneys (and securities) [here follow the notice], it is ordered that the said L.M. do stand committed to [here insert prison] for the said contempt. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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............................................... |
FORM 119
AFFIDAVIT OF NON-COMPLIANCE WITH ORDER UNDER SECTION 100(2) OF THE BANKRUPTCY ACT
(Rule 70)
(Title) |
I, F.M., of ..........................................................., make oath and say– |
1. That G.H., of ..............................................................., was by an order of the ................................................, made on the ......................... day of ........................., 20........, ordered to [here set out order]. |
2. That (a copy of) the said order was duly served on the said G.H. |
3. That the said G.H. has failed to obey the order. |
Sworn, etc. |
FORM 120
WARRANT OF COMMITTAL FOR CONTEMPT
(Rule 71)
(Title) |
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To X.Y., officer of this Court, and to the Superintendent of Prisons at ......................... |
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Whereas by an order of this Court bearing date the ............................. day of ........................., 20........, it was ordered that the said debtor (or L.M. of ................... |
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These are therefore to require you the said X.Y. to take the said A.B. (or L.M.) and to deliver him to the Superintendent of Prisons at .................................................... and you the said Superintendent of Prisons to receive the said A.B. (or L.M.) and him safely to keep in your custody until such time as this Court shall order; and you the said Superintendent of Prisons shall, while the said A.B. (or L.M.) before the Court. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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............................................... |
FORM 121
ORDER FOR DISCHARGE FROM CUSTODY ON CONTEMPT
(Rule 71)
(Title) |
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Upon application made this ......................... day of ......................... for A.B., who |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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............................................... |
FORM 122
ORDER FOR PRODUCTION OF PERSON IN PRISON FOR EXAMINATION BEFORE THE COURT
(Rule 54)
(Title) |
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Upon application made this ......................... day of ......................... by [applicant] for an order for the production of A.B., who was committed to prison for contempt by order of this Court dated the ......................... day of ......................... for examination before this Court; it is ordered that the Superintendent of Prisons at ............................................. do cause the said A.B. to be brought in custody before the Court at .................................. on the ......................... day of ......................... 20........, for examination before the Court and afterwards to be taken back to the prison to be there safely kept pursuant to the said order. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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............................................... |
FORM 123
SEARCH WARRANT
(Title) |
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Whereas by evidence duly taken upon oath it hath been made to appear to the Court that there is reason to suspect and believe that property of the said debtor is concealed in the house [or other place, describing it, as the case may be] of one X.M., of .................... |
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These are therefore to require you to enter in the day time into the house [or other place, describing it] of the said X.M., situate at ............................................................ |
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Dated this ......................... day of ........................., 20........ |
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............................................... |
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To the X.Y. officer of this Court and his assistants |
FORM 124
WARRANT OF SEIZURE
(Title) |
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Whereas on the ......................... day of ........................., 20........, a receiving order was made against the said debtor: These are therefore to require you forthwith to enter into and upon the house and houses, and other premises of the said debtor, and also in all other place and places belonging to the said debtor where any of his goods and moneys are, or are reputed to be, and there seize all the ready money, jewels, plate, household stuff, goods, merchandise, books of accounts, and all other things whatsoever, belonging to the said debtor, except his necessary wearing apparel, bedding and tools as excepted by the Bankruptcy Act. |
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And that which you shall so seize you shall safely detain and keep in your possession until you shall receive other orders in writing for the disposal thereof from the trustee [or Receiver]; and in case of resistance, or of not having the key, or keys, of any door or lock, of any premises belonging to the said debtor where any of his goods are, or are suspected to be, you shall break open, or cause the same to be broken open, for the better execution of this warrant. |
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Dated this ......................... day of ........................., 20........ |
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............................................... |
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To the X.Y. officer of this Court and his assistants |
FORM 125
WARRANT AGAINST DEBTOR ABOUT TO QUIT THE COUNTRY
(Rules 67 and 156)
(Title) |
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To the X.Y. officer of this Court and all peace officers within the jurisdiction of the said Court, and to the Superintendent of Prisons at ............................................................. |
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Whereas, by evidence taken upon oath, it has been made to appear to the satisfaction of the Court that there is probable reason to suspect and believe that the said A.B., of ..................................................................., has absconded and left the United Republic [or quitted his place of residence], or is about to go abroad [or quit his place of residence] with a view of avoiding service of a bankruptcy petition [or of avoiding appearing to a bankruptcy petition, or of avoiding examination in respect of his affairs or otherwise delaying or embarrassing the proceedings in bankruptcy, or of avoiding payment of a judgment debt in respect of which a bankruptcy notice has been issued]. |
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[Or that there is probable cause to suspect and believe that the said A.B. is about to remove his goods or chattels with a view of preventing or delaying such goods or chattels being taken possession of by the trustee of the property of the bankrupt, or that the said A.B. has concealed or is about to conceal or destroy his goods or chattels, or some of them, or his books, documents or writings, or some or one of them, which books, documents, or writings, or some or one of them, may be of use to the creditors in the course of the bankruptcy of the said A.B.]. |
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[Or whereas, by evidence taken upon oath, it hath been made to appear to the satisfaction of this Court that the said A.B., has removed certain of his goods and chattels in his possession, above the value of two hundred shillings without the leave of the Receiver or trustee, that is to say:] [here describe the goods or chattels]. |
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[Or that the said A.B. did without good cause fail to attend at this Court on the ......................... day of ........................., 20........, for the purpose of being examined according to the requirements of an order of this Court made on the ......................... day of ........................., 20......., directing him so to attend]. |
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These are therefore to require you the said ............................................... to take the said A.B. and to deliver him to the Superintendent of Prisons at ......................................., and you the said Superintendent to receive the said A.B., and to safely keep until such time as this Court may order. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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............................................... |
FORM 126
ORDER TO POSTMASTER GENERAL OR OTHER PERSONS UNDER SECTION 27 OF THE BANKRUPTCY ACT
(Title) |
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Upon the application of G.H., of ......................................................, the Receiver (or trustee) of the property of the above debtor, it is ordered that for a period of three months from [here insert date] all post letters, telegrams and postal packets directed or addressed to the said debtor at [here insert the full address or addresses] shall be redirected, sent or delivered by the Postmaster General, or officers acting under him or other person (here |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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............................................... |
FORM 127
SUBPOENA
(Rule 49)
(Title) |
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To: the names of three witnesses may be: ............................................................. You are hereby commanded to attend before ........................... at ........................... |
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Dated this ......................... day of ........................., 20........ |
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............................................... |
FORM 128
SUBPOENA DUCES TECUM
(Rule 49)
To: the names of three witnesses may be: ............................................................. |
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You are hereby commanded to attend before ........................... at .......................... |
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Dated this ......................... day of ........................., 20........ |
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............................................... |
FORM 129
SUMMONS UNDER SECTION 28 OF THE BANKRUPTCY ACT
(Rule 61)
(Title) |
To .........................................................., of ..................................................... |
You are hereby required to attend at the Court holden at ........................................... |
Dated this ......................... day of ........................., 20........ |
NOTE: This summons is issued on the application of the Receiver and trustee, and take notice, that if the sum of Shs. ............, stated to be due by you to this estate, be paid to ....................................., of ............................................, |
FORM 130
ADMISSIONS OF DEBT BY DEBTOR TO BANKRUPT
(Rule 61)
(Title) |
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In the matter of A.B., of ........................................................., the bankrupt. |
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I, the undersigned J.K., of ......................................................, do hereby admit that I am indebted to the said bankrupt in the sum of Shs. ............ upon the balance of accounts between myself and the said bankrupt. |
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Dated this ......................... day of ........................., 20........ |
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Witness ................................................. |
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...................................................... |
FORM 131
ORDER TO PAY ADMITTED DEBT
(Rule 61)
(Title) |
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Whereas J.K., of ...................................................................., in his examination taken this day and signed and subscribed by him, has admitted that he is indebted to the said debtor in the sum of Shs. ............, on the balance of accounts between him and the debtor; it is ordered that the said J.K., do pay to the trustee of the property of the debtor, in full discharge of the sum so admitted, the sum of Shs. ............ forthwith [or if otherwise, state the time and manner of payment], and do further pay to the said trustee the sum of Shs. ............ for costs. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................. |
FORM 132
WARRANT TO APPREHEND A PERSON SUMMONED UNDER SECTION 28 OF THE BANKRUPTCY ACT
(Rule 68)
(Title) |
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To X.Y., and his assistants of this Court and to the Superintendent of Prisons, at ........................................................ Whereas by summons dated the ......................... |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................. |
FORM 133
ORDER FOR PRODUCTION OF PERSON APPREHENDED UNDER WARRANT UNDER SECTION 28 OF THE BANKRUPTCY ACT FOR EXAMINATION BEFORE THE COURT
(Rule 68)
(Title) |
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Upon report made to the Court the ................................ day of ......................... that A.B. has been apprehended under a warrant issued by this Court on the .......................... |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................. |
FORM 134
NOTICE TO BANKRUPT UNDER SECTION 55 OF THE BANKRUPTCY ACT
(Rule 233)
(Title) |
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To A. B. |
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TAKE NOTICE that I intend to apply to this Court on the ......................... day of ........................., 20........, at .......... o'clock in the ......... noon, for an order under Section 55 of the Bankruptcy Act, for the payment of a part of your salary [or income] to me as trustee for the benefit of the creditors under your bankruptcy. |
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On the application you are at liberty to show cause against such order being made. |
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Dated this ......................... day of ........................., 20........ |
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................................................. |
FORM 135
NOTICE OF APPLICATION TO SET ASIDE INCOME OF PROPERTY OF BANKRUPT MARRIED WOMAN
(Title) |
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To A. B. |
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TAKE NOTICE that I intend to apply to this Court on the ......................... day of ........................., 20........, at ........... o'clock in the ............ noon, for an order pursuant to Section 56 of the Bankruptcy Act, that the whole, or such part as the court may determine, of the income of the property of the said A.B. arising under an Indenture of Settlement |
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Dated this ......................... day of ........................., 20........ |
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................................................. |
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To ........................................................ |
FORM 136
ORDER SETTING ASIDE PAY, SALARY, ETC., UNDER SECTION 55(1) OF THE BANKRUPTCY ACT
(Rule 234)
(Title) |
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Whereas it appears to the Court that the bankrupt is [here state what the bankrupt is], and as such is in the enjoyment of the annual pay [or salary] of Shs. ............ and whereas upon the application of G.H., of ......................................................., trustee of the |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................... |
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I consent to the above order. |
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Dated this ......................... day of ........................., 20........ |
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.................................................... |
FORM 137
ORDER SETTING ASIDE SALARY OR INCOME, ETC., UNDER SECTION 55(2) OF THE BANKRUPTCY ACT
(Rule 235)
(Title) |
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Whereas it having been made to appear to this Court that the bankrupt is in receipt of [or entitled to] a salary [or income, half-pay, pension, or compensation granted by the Treasury, as the case may be] of about Shs. ............ at [here set forth the circumstances under which the salary or income is received]. And whereas upon the application of the trustee of the property of the bankrupt, and upon hearing the bankrupt, it appears to the Court just and reasonable that the annul sum of Shs. ............, portion of the said salary [or income, etc.], ought to be paid by the bankrupt by monthly [or quarterly] payments [according as the bankrupt receives his salary or income, etc] to the trustee during the bankruptcy, in order that the same may be applied in payment of the debts of the said bankrupt and that the first such payments ought to be made on the ......................... day of ........................., 20........, and be continued monthly [or quarterly] until this Court shall make order to the contrary: it is ordered that the said sum shall be paid by ....................... in the manner aforesaid out of the bankrupt's said salary [or income, etc.]. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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.................................................. |
FORM 138
ORDER FOR PAYMENT TO TRUSTEE OF INCOME OF PROPERTY OF BANKRUPT MARRIED WOMAN NOTWITHSTANDING RESTRAINT ON ANTICIPATION
(Title) |
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Whereas it has been made to appear to this Court that the bankrupt under an Indenture of Settlement dated the ......................... day of ......................... and made between ..................................... and .................................. [or as the case may be] is |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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.................................................. |
FORM 139
NOTICE TO LANDLORD OF INTENTION TO DISCLAIM LEASEHOLD PROPERTY NOT SUB-LET OR MORTGAGED
(Rule 237)
(Title) |
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Take notice that I intended to disclaim the (a) ...................... dated ......................... whereby (b) ............................................................. was let to the above-named bankrupt at a rent of Shs. ............ |
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If you require the matter to be brought before the Court, you must give notice thereof to me in writing within seven days of the receipt by you of this notice. |
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Dated this ......................... day of ........................., 20........ |
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.................................................. |
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To .................................................................................................................... |
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The landlord of the above-mentioned property. |
FORM 140
NOTICE OF INTENTION TO DISCLAIM LEASEHOLD PROPERTY SUB-LET OR MORTGAGED
(Rule 237)
(Title) |
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Take notice that I intend to disclaim the lease dated ......................... whereby (a) .................................................................................................................. was let |
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If you require the matter to be brought before the Court, you must give notice thereof to me in writing within fourteen days of the receipt by you of this notice. |
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Dated this ......................... day of ........................., 20........ |
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.................................................. |
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To: Mr ....................................................., ........................................................ |
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The landlord of the above-mentioned premises; and |
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To : Mr ..................................................., |
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The mortgagee or sub-tenant. |
FORM 141
DISCLAIMER WITHOUT NOTICE
(Rule 237)
(Title) |
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I, ........................................, the trustee of the property of the above-named bankrupt, hereby disclaim the (a) .......................... of the premises (b) ........................................... |
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Notice of this disclaimer has been given to the (d) .................................................... |
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Dated this ......................... day of ........................., 20........ |
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.................................................. |
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Address .............................................. |
FORM 142
DISCLAIMER OF LEASEHOLD PROPERTY AFTER NOTICE TO LANDLORD, MORTGAGEES, ETC.
(Rules 237)
(Title) |
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Pursuant to notice dated the ........................... day of ........................... 20........ addressed to (a) ......................................................................................................... |
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Notice of this disclaimer has been given to (d) ........................................................ |
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Dated this ......................... day of ........................., 20........ |
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.................................................. |
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Address .............................................. |
FORM 143
DISCLAIMER OF LEASE WITH LEAVE OR THE COURT
(Rule 237)
(Title) |
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Pursuant to an order of the Court dated the ......................... day of ......................... 20........, I, .............................................., the trustee of the property of the above-named bankrupt, hereby disclaim all interest in the lease dated the ......................... day of ......................... 20........, whereby the premises (a) .............................................. were demised to ............................................ at a rent of Shs. ............ per annum, for a term |
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Notice of this disclaimer has been given to ........................................................... |
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Dated this ......................... day of ........................., 20........ |
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.................................................. |
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Address .............................................. |
FORM 144
NOTICE OF DISCLAIMER WITHOUT LEAVE OF THE COURT
(Rule 237)
(Title) |
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Take notice that by writing under my hand, bearing date ......................... day of ......................... 20........, I ............................................., the trustee of the property of |
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The above-mentioned disclaimer has been filed in Court with the proceedings in the bankruptcy. |
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Your attention is directed to the provision of years or as the Bankruptcy Act printed at the back hereof. |
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Dated this ......................... day of ........................., 20........ |
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.................................................. |
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Address .............................................. |
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NOTE: On the back of this notice the provisions of subsections (2) and (6) of section 55 should be printed. |
FORM 145
NOTICE OF DISCLAIMER OF LEASE WITH LEAVE OF COURT
(Rule 237)
(Title) |
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Take notice that pursuant to an order of Court dated the ......................... day of ......................... 20........, I, ........................................, the trustee of the property of the above-named bankrupt, by writing under my hand bearing date the ......................... day of ......................... 20........, disclaimed all interest in the lease dated the .......................... |
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The above-mentioned disclaimer has been filed in Court with the proceedings in the bankruptcy. |
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Dated this ......................... day of ........................., 20........ |
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.................................................. |
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Address .............................................. |
FORM 146
FORM OF NOTICE BY LANDLORD OR OTHER PERSON REQUIRING TRUSTEE TO BRING MATTER OF INTENDED DISCLAIMER OF PROPERTY BURDENED WITH ONEROUS COVENANTS BEFORE THE COURT
(Rule 237)
(Title) |
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To Mr. ............................................................ |
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Trustee of the property of the above-named bankrupt. |
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Sir, |
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I hereby give you notice that the bankrupt was, at the date of receiving order, interested as lessee [or, as the case may be] in the property described in the schedule to this notice, and that as such lessee [or, as the case may be], the bankrupt was liable in respect of [set out nature of bankrupt's liability] which liability has devolved on you as trustee in bankruptcy of his property, and I hereby require you to bring the matter of your intended disclaimer of the bankrupt's interest in the said property before the Court. |
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I am, etc., |
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.................................................. |
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[State how interested in the property.] |
SCHEDULE TO NOTICE WHEN GIVEN BY LESSOR |
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Date of Lease | Name and Address and descriptions of lease | Full description of Property leased | Term and Rent | Date of Assignment to Bankrupt (if any) | Name and addresses of parties to Assignment (if any) | Particulars of any notices of Mortgage of lease by Bankrupt |
SCHEDULE TO NOTICE WHEN GIVEN BY MORTGAGEE OR ASSIGNEE |
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Date of Lease | Name and Address of parites to lease | Descrip- | Term and Rent | Date of Mortgage | Name and addresses of parties to Mortgage | Term conveyed by Mortgage | Amount secured by Mortgage | Particulars of any transfer of Mortgage with dates and names and descriptions of parties thereto |
FORM 147
APPLICATION FOR DIRECTION BY TRUSTEE
(Rule 292)
(Title) |
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I desire to make application to the Court for its directions [here state the particular matter in relation to which they are sought]. |
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.................................................. |
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Let this application be heard on the ......................... day of ........................., at ............ o'clock in the ............ noon, and let the trustee give notice to [here insert the persons to whom notice is to be given]. |
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Dated this ......................... day of ........................., 20........ |
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................................................. |
FORM 148
ORDER ON APPLICATION OF TRUSTEE FOR DIRECTIONS
(Rule 292)
(Title) |
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Whereas on the ......................... day of ......................... 20........, the trustee of the property of the bankrupt applied to the Court for its directions [here state the particular matter in relation to which they are sought]. Now upon hearing C.D., of ............................, on the matter it is ordered [here set out the order] and that the trustee do pay out of his own moneys [or out of the property of the bankrupt] the sum of ....................... the costs of this order, and the sum of ..................... to C.D. for his costs [or that C.D. do pay the sum of ............................ the costs of this order, and also the sum of ......................... to E.F. for his costs]. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................. |
FORM 149
ORDER FOR ADMINISTRATION IN BANKRUPTCY OF ESTATE OF DECEASED DEBTOR UPON PETITION
(Rule 256)
(Title) |
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Upon the petition of C.D., dated ..........................., and numbered ..................... of ......................... 20........, and upon reading ......................... and hearing ....................., |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................. |
FORM 150
STATEMENT OF ACCOMPANY NOTICE OF DIVIDEND AND APPLICATION FOR RELEASE
(Rule 287)
(Title) |
In the matter of .................................................., of .............................................., under receiving order ......................... dated the ......................... day of ......................... 20........ |
Statement showing position of estate at date of declaring .......................... dividend or date of application for release, as the case may be. |
Dr. | Cr. |
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Estimated to produce per debtor statement |
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Shs | Cts | Shs | Cts | Shs | Cts |
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To total receipts from date of receiving order viz: | By court fees (including stamp on petition) | ||||||||
(State particulars under the several headings specified in the Debtor's Statement of Affairs. | Law costs of petition Other law costs | Shs | Cts | ||||||
Receipts per trading account........ | Trustee's remuneration as fixed by (a) viz.: .............................................................. Shs. | ||||||||
Other receipts............................. | Assets realised ...................... | Shs | Cts | ||||||
Total | Assets distributed in dividend .. | ||||||||
Less: | Shs | Cts | Special manager's charges....................... | ||||||
Deposit returned to petitioner....... | Auctioneer's charges as taxed .................. Other taxed costs ................................... | ||||||||
Payments to redeem securities ... | Costs of possession ............................... | ||||||||
Costs of execution .................... | Costs of notices in Gazette ..................... | ||||||||
Payment per trading account ..... | Incidental outlay ..................................... | ||||||||
Shs. | Total cost of realisation Allowance to debtor - Shs | ||||||||
Net realisation .......................................... Shs | Creditors, viz: | Shs | Cts | ||||||
Preferential (b) ..................... Unsecured (c) ..................... dividend now declared of Shs. Cts in the £ on £ ................... Dividends previously declared .. | |||||||||
The debtor's estimate of amount expected to rank for dividend was Shs .................... | |||||||||
Balance | |||||||||
Shs. | Balance Shs |
Section 84(2) of the Bankruptcy Act provides that "if one-fourth in number or value of the creditors dissent from the resolution, or the bankrupt satisfies the Court that the remuneration is unnecessarily large, the Court shall fix the amount of the remuneration". |
Assets not yet realised estimated to produce Shs. ................. |
[Add here any special remarks the trustee thinks desirable]. |
Creditors can obtain any further information by inquiry at the office of the trustee. |
Dated this ......................... day of ........................., 20........ |
Signature ................................................... |
Address .................................................... |
NOTE: When this statement accompanies a declaration of a second or subsequent dividend, it shall incorporate the figures of the preceding statement or statements under their respective headings. |
FORM 151
NOTICE TO CREDITORS OF INTENTION TO DECLARE DIVIDEND
(Rule 229)
(Title) |
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A (a) .................... dividend is intended to be declared in the above matter. You are mentioned in the debtor's statement of affairs, but you have not yet proved your debt. If you do not prove your debt by the ......................... day of ........................., 20........, you will be excluded from this dividend. |
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Dated this ......................... day of ........................., 20........ |
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............................................... |
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To X.Y. |
FORM 152
NOTICE TO PERSONS CLAIMING TO BE CREDITORS OF INTENTION TO DECLARE FINAL DIVIDEND
(Rule 229)
(Title) |
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Take notice that a final dividend is intended to be declared in the above matter, and that if you do not establish your claim to the satisfaction of the Court on or before the ......................... day of ........................., 20........, or such later day as the Court may fix, your claim will be expunged, and I shall proceed to make a final dividend without regard to such claim. |
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Dated this ......................... day of ........................., 20........ |
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............................................... |
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To X.Y. |
FORM 153
NOTICE TO CREDITOR OF INTENTION TO PAY COMPOSITION
(Rule 229)
(Title) |
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Notice is hereby given that a composition is intended to be paid in the above matter. |
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Your name is included in the list of creditors in the debtor's statement of affairs, but you have not yet proved your debt. |
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The last day for receiving proofs is the ......................... day of ........................., 20........ |
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Dated this ......................... day of ........................., 20........ |
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............................................... |
FORM 154
NOTICE OF DIVIDEND
(Rule 229)
(Title) |
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(Please bring this Dividend Notice with you) |
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Dividend of ............................... in the £ |
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......................................................................................................................... [Address] |
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Dated ......................... 20........ |
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Notice is hereby given that a dividend of ............................. in the pound has been declared in this matter, and that the same may be received at my office, as above, on ........................., the ......................... of ......................... or any subsequent ................ between the hours of .................. and .................. |
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Upon applying for payment this notice must be produced entire, together with any bills of exchange, promissory notes, or other negotiable securities held by you. If you desire the dividend to be paid to some other person you can sign and lodge with the trustee an authority in the prescribed Form No. 155, otherwise, if you do not attend personally you must fill up and sign the sub-joined forms of Receipt and Authority, when a cheque or money order, payable to your order will be delivered in accordance with the authority. |
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.................................................. |
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To ...................................................... |
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NOTE: On application for the dividend this notice must be produced entire, and the bills or other securities held by you must be produced. |
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RECEIPT |
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Received of ....................... the sum of Shs. ............ being the amount payable to .................................. in respect of the ......................... dividend of ....................... in the pound on ......................... claim against this estate. |
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................................... 20......... |
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................................................... |
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___________________ | |
AUTHORITY |
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Sir, | |
Please deliver to ................................................ the cheque ........................ |
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[Insert the name of the person who is to receiver the cheque, or the words "me by post" if you wish the cheque sent to you in that way]. |
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for the dividend payable to ................................................. in this matter. |
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................................................. |
FORM 155
AUTHORITY TO TRUSTEE TO PAY DIVIDENDS TO ANOTHER PERSON
(Rule 232)
(Title) |
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To ............................................................... the Trustee. |
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Sir, |
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I/We hereby authorise and request you to pay to Mr ......................................... of ....................................................., all dividends as they are declared in the above-named matter, and which may become due and payable to me/us in respect of the proof of debt for the sum of Shs. ............ against the above estate made by me/us in respect of the proof of debt for the sum of Shs. ............ against the above estate made by me/us (or by ........................................................, on my/our behalf) (a). |
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And I/we further request that the cheque or cheques drawn in respect of such |
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It is understood that this authority is to remain in force until revoked by me/us in writing. |
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Signature ......................................... |
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Date ................................................ |
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Witness to the signature of ............................................................. |
FORM 156
APPLICATION BY CREDITOR FOR ORDER FOR TRUSTEE TO PAY DIVIDEND WITHHELD AND ORDER THEREON
(Rules 229)
(Title) |
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I, F.K., of .................................................................., make application to this Court for an order to be made upon the trustee to pay the dividend in the bankruptcy due to me, with interest thereon for the time it has been withheld from me, with interest thereon for the time it has been withheld from me, that is to pay from the ......................... day of ........................., 20........, on which day I applied to the trustee for its payment to me, and also to pay me the costs of this application. |
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Dated this ......................... day of ........................., 20........ |
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...................................................... |
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Order |
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Upon the reading of this application, and upon hearing ............................. it is ordered that the trustee do forthwith pay to the said F.K. the sum of Shs. ............., the amount of such dividend. |
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And it is further ordered that the trustee do pay to the said creditor at the same time the sum of ......................... for interest on such dividend, being at the rate of six percent per annum for the time that its payment has been withheld, together with a further sum of ........................... for the costs of this application. |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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................................................. |
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[If the Court does not order payment, then after the words "it is ordered" insert the order made]. |
FORM 157
CERTIFICATE BY COMMITTEE OF INSPECTION AS TO AUDIT OF TRUSTEE'S ACCOUNTS
(Rule 305)
(Title) |
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We, the undersigned, members of the committee of inspection in the matter of .........................................................., a bankrupt, hereby certify that we have examined the foregoing account with the vouchers, and that to the best of our knowledge and belief the said account contains a full, true, and complete account of the trustee's receipts and payments on account of the estate. |
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Dated this ......................... day of ........................., 20........ |
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.................................................. |
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.................................................. |
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.................................................. |
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.................................................. |
FORM 158
AFFIDAVIT VERIFYING TRUSTEE'S ACCOUNT
(Rule 306)
(Title) |
I, G.H., of ..........................................................., the trustee of the property of the above-named bankrupt, make oath and say: That 1 the account hereunto annexed and marked B is a true copy of the Estate Cash Book, and contains a full and true account of my receipts and payments on account of the bankrupt's estate from ............................... |
Sworn at, etc. |
FORM 159
TRUSTEE'S TRADING ACCOUNT
(Rule 286)
(Title) |
G.H., ...................................................., the trustee of the property of the bankrupt |
RECEIPTS | PAYMENTS |
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Shs. | Cts. | Shs. | Cts. |
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Date | Date | ||||||
.................................................. |
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(Date) ............................................... |
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We have examined this account with the vouchers, and find the same correct, and we are of opinion that the expenditure has been proper. |
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Dated this ......................... day of ........................., 20........ |
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................................................... |
FORM 160
PROFIT AND LOSS ACCOUNT (TRADING ACCOUNT)
(Rule 286)
(Title) |
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PROFIT AND LOSS ACCOUNT |
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Dr. | Cr. |
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Shs. | Cts. | Shs. | Cts. |
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Stock on hand on ........... | Sales ................. Stock on hand on ............. day of ............ 20........ | ||||||
................................................. |
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(Date) .............................................. |
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NOTE: This account to be submitted when the committee of inspection require, and if any case at the end of the trading business carried on by the trustee. |
FORM 161
AFFIDAVIT VERIFYING TRUSTEE'S TRADING ACCOUNT
(Rule 286)
(Title) |
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I, G.H., of ........................................................., the trustee of the property of the above-named bankrupt, make oath and say that the account hereto annexed is a full, true and complete account of all money received and paid by me or by any person on my behalf in respect of the carrying on of the trade or business of the bankrupt, and that the sums paid by me as set out in such account have, as I believe, been necessarily expended in carrying on such trade or business. |
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Sworn, etc., | |
..................................................... |
FORM 162
STATEMENT OF ACCOUNTS UNDER SECTION 87 OF THE BANKRUPTCY ACT
(Rule 294)
(Title) |
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RECEIPTS | PAYMENTS |
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| Of | Nature | Amount |
| To | Nature | Amount |
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Shs. | Cts. | Shs. | Cts. |
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Signature ........................................ |
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Dated this ......................... day of ........................., 20........ |
FORM 163
AFFIDAVIT BY SPECIAL MANAGER
(Rule 300)
(Title) |
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I, ......................................................, of .................................................., make |
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1. The account hereunto annexed marked with the letter "A" produced and shown to me at the time of swearing this affidavit, and purporting to be my account as special manager of the estate or business of the above-named debtor, contains a true account of all and every sums and sum of money received by me or by any other person or persons by my order or to my knowledge or belief for my use on account or in respect of the estate or business. |
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2. The several sums of money mentioned in the said account hereby verified to have been paid or allowed have been actually and truly so paid and allowed for the several purposes in the said account mentioned. |
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3. The said account is just and true in all items and particulars therein contained according to the best of my knowledge and belief. |
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Sworn, etc., |
FORM 164
NOTICE TO CREDITORS OF INTENTION TO APPLY FOR RELEASE
(Rule 287)
(Title) |
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Take notice that I, the undersigned, trustee (or late trustee) of the property of the bankrupt, intend to apply to the Court for my release, and further take notice that any objection you may have to the granting of my release must be notified to the Registrar within twenty-one days of the date hereof. |
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A summary of my receipts and payments as trustee is thereto annexed. |
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Dated this ......................... day of ......................... 20........ |
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To K.L., Creditor. |
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.................................................... |
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Note: Section 94(3) of the Bankruptcy Act enacts that "An order of the Court releasing the trustee shall discharge him from all liability in respect of any act done or default made by him in the administration of the affairs of the bankrupt, or otherwise in relation to his conduct as trustee, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact". |
FORM 165
APPLICATION FOR RELEASE BY TRUSTEE
(Rule 287)
(Title) |
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I, the trustee of the property of the bankrupt, do hereby report to the Court as follows: |
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1. That the whole of the property of the bankrupt has been realised for the benefit of his creditors [and a dividend to the amount of .................... shillings in the pound has been paid, as shown by the statement hereunto annexed]; [or that so much of the property of the bankrupt as can, according to the joint opinion of myself and the committee of inspection, hereunto annexed, in writing under our hands, be realised without needlessly protracting the bankruptcy, has been realised as shown by the statement hereunto annexed, and a dividend to the amount of ........................ has been paid]; [or that a composition (or scheme) under Section 23 of the Bankruptcy Act has been duly approved by the Court. |
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2. I therefore request the Court to cause a report on my accounts to be prepared, and to grant me a certificate of release. |
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Dated this ......................... day of ......................... 20........ |
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.................................................. |
FORM 166
REGISTER OF BANKRUPTCY NOTICES TO BE KEPT BY THE REGISTRAR
(Title) |
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No. | Debtor | Creditor | Where filed | Advocate | Result of Notice |
FORM 167
REGISTER OF PETITIONS TO BE KEPT BY REGISTRAR
(Title) |
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No. of Petition | Name of Debtor | Residence | Description | Date of Petition | Petitioning Creditor | Advocate | Act of Bankruptcy alleged | Date of Receiving Order |
FORM 168
REGISTER OF RECEIVING ORDERS TO BE KEPT BY REGISTRAR
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FORM 169
NOTICE OF TRANSFER OF SEPARATE ESTATE TO JOINT ESTATE FOR GAZETTE
(Title) |
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Notice is hereby given that there being in the hands of the trustee in the above bankruptcy a surplus estimated at Shs. ............ arising from the separate estate of [name of separate partner] one of the bankrupts, and there being no separate creditors of such bankrupt, it is the intention of such trustee, at the expiration of ................. days from the appearance of this notice in the Gazette, to transfer such surplus to the credit of the joint estate in the said bankruptcy. |
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Dated this ......................... day of ......................... 20........ |
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.................................................. |
FORM 170
NOTICE FOR GAZETTE
THE BANKRUPTCY ORDINANCE
(1) RECEIVING ORDERS
(Rule 149)
Debtor's name | Address | Description | Court | Date of Filing Petition | No. of Matter | Date of Order | Whether Debtor's or Creditor's Petition | Act or acts of Bankruptcy |
(2) ADMINISTRATION ORDERS IN THE CASE OF DECEASED DEBTORS
(Rule 256)
(3) FIRST MEETING AND PUBLIC EXAMINATIONS
(Rules 157 and 204)
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(4) NOTICE OF DAY APPOINTED FOR PROCEEDING WITH PUBLIC EXAMINATIONS ADJOURNED SINE DIE
(Rule 162)
(5) ORDER ON APPLICATION TO APPROVE COMPOSITION OR SCHEME
(Rule 171)
(6) ADJUDICATIONS
(Rule 188)
(7) ADJUDICATIONS ANNULLED
(Rule 189)
(8) APPLICATION FOR DISCHARGE
(Rule 190)
(9) ORDERS MADE ON APPLICATION FOR DISCHARGE
(Rule 197)
(10) APPOINTMENT OF TRUSTEE
(Rule 277)
Debtor's name | Address | Description | Court | Number | Trustee's Name | Address | Date of Certificate of appointment |
(11) NOTICE OF RELEASE OR TRUSTEE
Debtor's Name | Debtor's Address | Debtor's Description | Court | No. of Matter | Trustee's Name | Trustee's Address | Transfer's Descrip- | Date of Release |
(12) NOTICE OF INTENDED DIVIDEND
(13) NOTICE OF DIVIDEND
(14) ORDER ANNULLING, REVOKING, OR RESCINDING ORDER
Debtor's Name | Address | Description | Court | Number | Notice and date of Order annulled, revoked, or rescinded | Date of Annulment, Revocation or Rescission | Grounds of Annulment, Revocation or Rescission |
(15) NOTICE TO DEBTORS IN LIEU OF PERSONAL SERVICE OF BANKRUPTCY NOTICES AND PETITIONS, AND OF APPLICATIONS, TO COMMIT FOR CONTEMPT OF COURT
(16) NOTICES, IN LIEU OF PERSONAL SERVICE, OF APPLICATIONS TO COMMIT PERSONS, OTHER THAN DEBTORS, FOR CONTEMPT OF COURT
In what matter application made | ||||||||
Name of person against whom application is made | Address | Description | Name of Debtor | Address | Description | Court | Name of Proceedings | Date on which application will be heard |
(Signed) ............................................. |
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.................................................... |
FORM 171
ADJUDICATION ORDER
(Section 121)
Form of Return to be submitted by a bankrupt every three months from the date of an Adjudication Order in accordance with section 25 of the Bankruptcy Act. |
IN THE HIGH COURT OF TANZANIA |
at ............................................................. |
IN BANKRUPTCY CAUSE NO. ............................. OF .......................... 20........ |
Re: ....................................................... a Bankrupt |
The following questions are to be answered in full. All questions must be answered, and if the answer is negative, words such as "NIL", "NONE", "NOTHING", "NO" should be inserted. After completion, the Return must be verified by oath or affirmation before a Commissioner for Oaths or a Magistrate and sent to the Official Receiver, P.O. Box 1064, Dar-es-Salaam. An Official Receipt will be sent within seven days of filing the Return. If you do not receive an acknowledgement, write and ask for one without delay. Failure to submit Returns is an offence for which Bankrupts may be prosecuted. |
Period covered by Return: ......................... day of ......................... 20........ day of ......................... 20........ |
1. State an exact description of your residential and postal address: |
(a) Plot Number ............................................................................................ |
(b) Name and Street or Road ......................................................................... |
(c) Town or Area ........................................................................................... |
(d) Postal address ........................................................................................ |
2. Name of your employer .................................................................................. |
3. Address of your employer ............................................................................... |
4. Is your employer related |
(a) to you? ................................................................................................... |
(b) to your wife/husband? ............................................................................... |
5. (a) What is the nature of your employment? (For example, manager, clerk, salesman, etc) ......................................................................................................... |
(b) Are you engaged in assisting in the management of a limited liability company? ............................................................................................................................... |
(c) If so, what is the name of the company? ........................................................ |
6. What was your monthly salary during the past three months? ........................... |
(a) Last month ............................................................................................. |
(b) Month previous to (a) ............................................................................... |
(c) Month previous to (b) ............................................................................... |
7. State what allowances you received during the last three months?..................... |
(a) Last month ............................................................................................. |
(b) Month previous to (a) ............................................................................... |
(c) Month previous to (b) ............................................................................... |
8. Give details of travelling or subsistence allowance received during the past three months. |
........................................................................................................................ ........................................................................................................................ ........................................................................................................................ |
9. Give details of other emoluments received during the last three months, such as commission, bonus, gratuity, etc. ............................................................................. |
....................................................................................................................... |
10. Give details of free or subsidised perquisites enjoyed by you, such as housing, food, fuel, etc. |
....................................................................................................................... ....................................................................................................................... ....................................................................................................................... |
11. What other income have you received during the past three months? |
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....................................................................................................................... |
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12. What property or assets of any description have you received since you were adjudged Bankrupt? (e.g. gifts, inheritance, sweepstake prize etc). |
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........................................................................................................................ |
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........................................................................................................................ |
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........................................................................................................................ |
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13. State the relationship and number of persons who are wholly or partly dependent on you financially (e.g. wife, number of children, etc). State ages of any children. ..................... |
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........................................................................................................................ |
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........................................................................................................................ |
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........................................................................................................................ |
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14. What amount per month will you pay your Trustee in Bankruptcy for the benefit of your Creditors? |
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........................................................................................................................ ........................................................................................................................ |
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15. Are you paying or have you paid since a Receiving Order was made against you any amounts to persons who were Creditors at the time the Receiving Order was made? |
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........................................................................................................................ ........................................................................................................................ |
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I, ................................................................. oath/affirm and say that the foregoing particulars are true to the best of my knowledge and belief. |
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Sworn/Affirmed at .................................... this ......................... day of ......................... 20........ |
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Before me ...................................................... |
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......................................................... |
TABLE OF CONTENTS
Rules
Title
1. Citation.
2. Interpretation.
PART I
PROCEEDINGS
3. Title of proceedings controlled by courts of the United Republic.
4. Title of proceedings in Tanzania within jurisdiction of controlling court.
5. Title of proceedings where adjudication annulled under section 161(2).
6. Application to annul adjudication, etc., under section 161.
PART II
LOCAL OFFICIAL RECEIVER ACTING AS AGENT FOR A TRUSTEE OR RECEIVER OF A RECIPROCATING COUNTRY
7. Form of request to act as agent.
8. Application for provisional authority.
9. Information to be obtained by official receiver for creditors' inspection.
10. Official receiver to publish advertisements.
11. Method of dealing with proofs debts.
PART III
PROCEEDINGS IN A RECIPROCATING COUNTRY CONTROLLED BY THE RECEIVER OR TRUSTEE APPOINTED BY THE COURT IN THE UNITED REPUBLIC
12. Agent to be appointed in manner provided by law of reciprocating country.
13. Delegation of powers and notification to court of appointment agent.
14. Application for provisional authority to act as agent.
15. Delegation as to proofs of debts.
16. Application for discharge to be served on official receiver of reciprocating country.
17. Where no agent appointed no steps to be taken in a reciprocating country without publishing notice of adjudications, etc.
18. Notice of intention to declare dividend to be published in reciprocating countries.
PART IV
GENERAL PROVISIONS
19. Application of Bankruptcy Rules.
20. Time.
SCHEDULE
THE BANKRUPTCY (RECIPROCITY) RULES
(Section 163)
G.N. No. 38 of 1932
1. Citation
These Rules may be cited as the Bankruptcy (Reciprocity) Rules, and shall come into force on the 30th September, 1932.
2. Interpretation
In these Rules–
"controlling court" means the reciprocating court (not being a court of the United Republic under the jurisdiction of which any proceedings in bankruptcy against a debtor having property in the United Republic are administered or managed within the United Republic under the provisions of Part IX of the Act.
PART I
PROCEEDINGS (rules 3-6)
3. Title of proceedings controlled by courts of the United Republic
(1) Every proceeding in a court of the United Republic under the Act against a debtor having property situated in one or by more reciprocating country shall be entitled "In Bankruptcy - Reciprocal Jurisdiction".
(2) If a proceeding has been instituted against a debtor under the title "In Bankruptcy" in pursuance of rule 8 of the Bankruptcy Rules and subsequently there is reason to believe that the said debtor has property in one or more reciprocating countries, the receiver or trustee may apply to the court for the title of the proceedings to be amended to read "In Bankruptcy–Reciprocal Jurisdiction."
(3) The words "Reciprocal Jurisdiction" shall not be included in or added to the title of any proceedings unless the court is satisfied by affidavit that the debtor has or is reasonably believe to have property situated in one or more reciprocating countries and unless a sum of fifty shillings shall be deposited with the receiver or trustee in addition to any sum deposited under the provisions of rule 111 of the Bankruptcy Rules.
4. Title of proceedings in Tanzania within jurisdiction of controlling court
Where any proceedings are taken or documents are filed in a court in the United Republic relating to a bankruptcy within the jurisdiction of a controlling court, such proceedings and documents shall be given the title "In Bankruptcy" followed by the style of the controlling court, the territory in which it is situate and the distinctive number of the bankruptcy cause used by that court in respect of the bankruptcy cause to which the proceedings or documents relate.
5. Title of proceedings where adjudication annulled under section 161(2)
Where the title "In Bankruptcy" or "In Bankruptcy - Reciprocal Jurisdiction" of has been given to any proceedings in pursuance of rule 8 of the Bankruptcy Rules or rule 3 hereof and the court subsequently annuls the adjudication, rescinds its receiving order or dismisses the petition under section 161(2) of the Act, the title and number of the proceedings shall thereupon be amended to read "In Bankruptcy" followed by the style of the controlling court, the country in which it is situate and the distinctive number of the bankruptcy cause in the register of the controlling court respect of the bankruptcy cause to which the proceedings or documents relate.
6. Application to annul adjudication, etc., under section 161
Any application to the court to dismiss a petition, rescind a receiving order or annul an adjudication under the provisions of section 161(2) or for a vesting or an administration order under the provisions of section 161(3) of the Act shall be supported by certified or duly authenticated copies of all relevant orders made in the matter by any reciprocating court or courts together with an affidavit setting out the relevant facts: notice of any such application shall be served on the official receiver or other person administering the estate at the date of application and at the hearing of such application the court may require further evidence to be adduced before it concerning the matter. Where the property of a debtor is being administered by or is vested in a trustee, receiver or special manager of the United Republic and in consequence of an order made on any such application, the property of the debtor ceases to be so vested or administered, the court shall require such trustee, receiver or manager to hand over and account for the same to the official receiver, interim receiver, special manager or trustee appointed by the controlling court and, in its discretion, may order that such property shall first be handed over and accounted for to the official receiver of the United Republic. Any order under section 161(2) shall be in the forms A and B set out in the Schedule hereto and may in the discretion of the registrar be published in the Gazette.
PART II
LOCAL OFFICIAL RECEIVER ACTING AS AGENT FOR A TRUSTEE OR RECEIVER OF A RECIPROCATING COUNTRY (rules 7-11)
7. Form of request to act as agent
In pursuance of section 155(1) of the Act the official receiver shall act as agent for an official receiver, interim receiver, special manager or trustee of a reciprocating country in bankruptcy proceedings against a debtor or bankrupt having property in Tanzania upon the receipt of a request in the form C set out in the Schedule hereto. Every such request shall be sent in triplicate and shall be accompanied–
(i) a deposit of fifty shillings against the cost of court fees and the expenses of advertising notice;
(ii) if the request is made by–
1. the official or interim receiver : two sealed copies of (a) the interim or receiving order, as the case may be (b) the order of adjudication (if made);
2. the special manager : (a) two sealed copies of the interim or receiving order, as the case may be, (b) two certified copies of his letter of appointment;
3. the trustee: two sealed copies of (a) the receiving order, (b) the order of adjudication, (c) the order or certificate appointing him trustee;
(iii) a detailed list of the value, nature and situation of the property of the debtor or bankrupt in or believed to be in Tanzania;
(iv) all available documents of title and other evidence of the interest which the debtor or bankrupt has in the said property;
(v) warrants of seizure (if any) issued by the controlling court for the attachment or seizure of such property belonging to the debtor or bankrupt in Tanzania as is sufficiently traced or identified;
(vi) such other information as will assist the local official receiver in tracing and recovering the property of the debtor or bankrupt;
(vii) a list of the names of the creditors of the debtor or bankrupt who are known to be in Tanzania with such information as is available regarding their whereabouts:
Provided, however, that if the documents and information referred to in items (iii) to (vii) inclusive, are not available for transmission with the request such document and information shall be sent as soon as they are available. Upon the receipt of the prescribed request the official receiver shall forthwith file the original request or an authenticated copy thereof with the Registrar of the High Court and in addition a copy of each of the relevant documents specified in paragraph (ii).
8. Application for provisional authority
In any case where an official receiver, interim receiver, special manager or trustee of a reciprocating country desires the official receiver to apply to the court in the United Republic for authority to act as agent before the publication of the request under the provisions of subsection (3) of section 155, he shall give to the official receiver by telegrams such information as may enable him to satisfy the court that the requirements lettered (a), (b) and (c) set out in the said subsection have been complied with and shall inform the official receiver what property is to be seized or other action is to be taken under the provisional authority conferred by the court.
9. Information to be obtained by official receiver for creditors' inspection
(1) From time to time official receiver may require the person for whom he is acting as agent to send to him a certified copy of–
(i) any proceedings in the bankruptcy cause before the controlling court;
(ii) any orders made by such court;
(iii) the record of the public examination;
(iv) the debtor's statement of affairs; and
(v) any proof of debt filed by the creditors.
All such copies shall be filed in the official receiver's office and shall be open to the inspection of any creditor who has lodged a proof against the estate to which they relate at all reasonable times subject to the payments of such fees as may be prescribed by the official receiver.
(2) The official receiver shall also keep an official copy of all laws and regulations relating to bankruptcy in force in each reciprocating country and such copy shall be open to the inspection at all reasonable times free of charges of any creditor or other person interested in any bankrupt estate.
10. Official receiver to publish advertisements
The official receiver shall require the person for whom he is acting as agent to send to him from time to time a copy of all advertisements relating to the estate published in the reciprocating country and shall cause the same to be published in the Gazette.
11. Method of dealing with proofs debts
The official receiver acting as agent shall receive all proofs of debts filed with him in pursuance of section 157 of of the Act and shall indorse upon each proof the date on which it is received by him. Any proof so filed with him shall for all purposes be deemed to be filed with the receiver or trustee appointed or approved by the controlling court. The official receiver shall then examine, admit, reject or otherwise deal with the said proofs in such manner as he is authorised to do by the person for whom he is acting and shall thereafter as soon as possible transmit such proofs of debts to such person with the memorandum showing the action taken in respect of each proof.
PART III
PROCEEDINGS IN A RECIPROCATING COUNTRY CONTROLLED BY THE RECEIVER OR TRUSTEE APPOINTED BY THE COURT IN THE UNITED REPUBLIC (rules 12-18)
12. Agent to be appointed in manner provided by law of reciprocating country
In any case where the official receiver, interim receiver, special manager or trustee appointed in Tanzania requires the official receiver of a reciprocating country to act as his agent he shall take all necessary steps in that behalf by conforming with the requirements of the law for such purpose enacted and provided in the reciprocating country.
13. Delegation of powers and notification to court of appointment agent
An official receiver, interim receiver, special manager or trustee appointed in Tanzania shall have power to delegate to the official receiver of any reciprocating country who is acting of as agent as aforesaid all or any of his powers or duties within such reciprocating country and on such appointment or delegation being made the official receiver, interim receiver, special manager or trustee shall send to the Registrar of the United Republic a signed copy of the request to act as such agent and the court shall thereupon take judicial notice of such appointment and of the powers delegated.
14. Application for provisional authority to act as agent
Any application to the court under section 162(2) of the Act for authority by telegram or otherwise to act as agent shall to have annexed thereto a copy of the request and shall be verified by affidavit.
15. Delegation as to proofs of debts
The receiver or trustee appointed in Tanzania may in particular delegate to his agent in the reciprocating country the power to admit or reject all proofs of debts filed with him in pursuance of section 157 of the Act or such proofs as relate only to debts not exceeding a certain sum which may be specified by such receiver or trustee.
16. Application for discharge to be served on official receiver of reciprocating country
In any case where an official receiver, interim receiver, special manager or trustee has informed the Registrar in pursuance of rule 13 hereof that the official receiver of a reciprocating country has been appointed as agent as aforesaid, the Registrar shall cause notice of any application for discharge to be served on the official receiver of such reciprocating country in the same manner as upon the receiver and trustee of Tanzania and such official receiver shall be required to file his report in the manner provided in rule 192 of the Bankruptcy Rules.
17. Where no agent appointed no steps to be taken in a reciprocating country without publishing notice of adjudications, etc.
In any case where a debtor or bankrupt has or is believed to have property in a reciprocating country and the official receiver, interim receiver, special manager or trustee in Tanzania does not request the official receiver of that reciprocating country to act as his agent in the manner provided by law in that country, the official receiver, interim receiver, special manager or trustee shall not take any steps to seize, recover or realise any property of the debtor or bankrupt situate in such reciprocating country until he has caused a notice of the interim or receiving order or order of adjudication, as the case may be, made by the court in the United Republic to be published in the reciprocating country in the manner prescribed for the publication of notices in bankruptcy by the law of that country and in addition has filed with the Registrar of the court in the reciprocating country a sealed copy of such order.
18. Notice of intention to declare dividend to be published in reciprocating countries
In any case in which any proceedings have been taken in a reciprocating country whether through the agency of the official receiver of that country or not, it shall be the duty of the trustee to publish in such reciprocating country all notices of intention to declare and of declaration of dividends and in any case where the official receiver of such country has been appointed as agent the trustee shall not proceed to declare a dividend until he has satisfied himself that he has received, considered and dealt with all proofs of debt filed with the official receiver of such reciprocating country.
PART IV
GENERAL PROVISIONS (rules 19-20)
19. Application of Bankruptcy Rules
In so far as they are applicable of and are not inconsistent with these Rules, the Bankruptcy Rules shall be applicable to all proceedings in reciprocity controlled by the court in the United Republic.
20. Time
Where by the Act or the Bankruptcy Rules any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceedings then in reciprocity proceedings in so far as such limitation of time affects persons ordinarily resident or carrying on business in a reciprocating country who are or may be interested in any bankruptcy proceedings in Tanzania against a debtor having property in such reciprocating country (unless the court having jurisdiction in the matter shall otherwise order) all such time limited shall be deemed to be extended by the under-mentioned periods in respect of the several reciprocating country mentioned–
Kenya | ... ... | add 3 weeks |
Uganda | ... ... | add 4 weeks |
Malawi | ... ... | add 7 weeks. |
SCHEDULE
FORMS
FORM A
ORDER UNDER SECTION 161 OF THE BANKRUPTCY ACT
ANNULLING AN ADJUDICATION, RESCINDING A RECEIVING ORDER
OR DISMISSING A PETITION
The Bankruptcy (Reciprocity) Rules
On the application of ....................................................................... and on reading .............................................. and on hearing ............................................... it is hereby ordered that the order of adjudication (or receiving order or petition) against A.B. of .......................................................... be and is hereby annulled (or rescinded or dismissed) without prejudice to the validity within Tanzania of the order of adjudication (or receiving order) made against the said A.B. by the ....................................................... |
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Dated this ....................................... day of .............................., 20...... |
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By the Court, |
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............................................ |
FORM B
ADDITIONAL ORDER UNDER SECTION 61 WHERE THE ADMINISTRATION OF THE ESTATE HAS COMMENCED IN TANZANIA
The Bankruptcy (Reciprocity) Rules
And it is further ordered that the receiver appointed by the Court (or the Trustee approved by the Court) on the ......................... day of ........................, 20........, do hand over and account for the assets of the estate to the official Receiver who shall without delay account for same to the Official Receiver (interim receiver, special manager or trustee as the case may be) appointed (or approved) by the Court of ........................... on the ......................... day of ........................., 20........ |
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Dated this ......................... day of ........................., 20........ |
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By the Court, |
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........................................ |
FORM C
REQUEST TO OFFICIAL RECEIVER, TANZANIA, TO ACT AS LOCAL AGENT OF OFFICIAL RECEIVER, INTERIM RECEIVER, SPECIAL MANAGER OR TRUSTEE OF A RECIPROCATING COUNTRY
BANKRUPTCY ACT
The Bankruptcy (Reciprocity) Rules
(Section 155)
To: | |
THE OFFICIAL RECEIVER, | |
In Bankruptcy - Reciprocal Jurisdiction |
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(a) .......................................................................................................................... |
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In re: (b) ...................................................................................................................... |
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1. I, (c) ....................................................................... being the duly appointed (d) ................................................................................................ in the above-mentioned estate, having good cause to believe that the debtor (or bankrupt) is the owner of property in Tanzania, in pursuance of the provisions of section ........................................... of the Bankruptcy Act, 20........, of (e) ................................................... and section 154 of the Bankruptcy Act (Tanzania), do hereby require you the said Official Receiver in Tanzania to act as my agent for the purpose of (f) ........................................................................ |
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2. A deposit of fifty shillings is forwarded herewith against the cost of court fees and expenses of advertising notices, the receipt of which should be acknowledged. |
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3. The documents mentioned hereunder are transmitted in accordance with rule 7 of the Bankruptcy (Reciprocity) Rules (Tanzania) |
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(a) ........................................................................................... |
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(b) ........................................................................................... |
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(c) ........................................................................................... |
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(d) ........................................................................................... |
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(e) ........................................................................................... |
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(f) ............................................................................................ |
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(g) ........................................................................................... |
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4. The following powers are delegated to you– |
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.......................................................................................................................... |
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.......................................................................................................................... |
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.......................................................................................................................... |
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5. I consent to your assigning all and singular the powers and duties hereby vested in you as such agent, to your deputy or any officer ordinarily authorised to act for you. |
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Signed at .............................. this ......................... day of ........................, 20........ |
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(g) ............................................ |
SCALE OF BANKRUPTCY FEES AND PERCENTAGES
(Section 122)
The fees and percentages mentioned in Tables A and B hereof shall come into force on the 1st day of December, 1931.
(See Note below re: 50 percent increase on fees).
TABLE A
FEES OF COURT
No. of Fee | Description of Proceedings | Amount of Fee 1 |
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Shs. | Cts. |
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1. | On filing declaration by debtor of inability to pay his debts | 10 | 00 |
2. | On issuing a bankruptcy notice | 10 | 00 |
3. | On presenting a bankruptcy petition– | ||
(i) if presented by the debtor | 400 | 00 |
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(ii) if presented by a creditor | 200 | 00 |
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4. | On filing a petition under section 120 of the Act | ||
(i) if filed by personal representative of deceased debtor | 400 | 00 |
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(ii) if filed by a creditor | 200 | 00 |
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5. | On sealing a receiving order under section 102 of the Act | 200 | 00 |
6. | On sealing an order dismissing a petition or granting leave to withdraw a petition |
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7. | On sealing an order adjourning a petition | 5 | 00 |
8. | On sealing an order of adjudication | 10 | 00 |
9. | On sealing a vesting order under section 58 of the Act | 20 | 00 |
10. | On filing application for discharge | 30 | 00 |
and for each creditor to be notified | 1 | 00 |
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11. | On filing application for an annulment of adjudication | 50 | 00 |
12. | On application to Court to approve a scheme of arrangement or composition, a fee computed at the following rates on the gross amount of the composition– | ||
(i) On every Shs. 2,000/- or fraction of Shs. 2,000/- up to Shs. 100,000/- |
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(ii) On every Shs. 2,000/- or fraction of Shs. 2,000/- above Shs. 100,000/- |
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13. | On filing appeal to Court under section 35(5) of the Act | 30 | 00 |
14. | On sealing an order approving a scheme of arrangement or composition |
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15. | On order annulling an adjudication | 20 | 00 |
16. | On any application by trustee to the Court including an application for directions |
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17. | On application by a party other than trustee or Receiver to Court under section 58(5) and (6), 82, 112, 136(5), Schedule 1(14) and Schedule II (24) of the Act |
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18. | On any order of the Court not herein before specified | 5 | 00 |
19. | On administration of any oath, affirmation or declaration by Registrar, Magistrate, or Receiver |
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(a) for each exhibit | 1 | 00 |
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(b) for authenticating an office copy under rule 45 of the Bankruptcy Rules– | |||
First folio of 100 words | 2 | 00 |
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Every subsequent folio 1 00 | |||
20. | On any application to Court not herein before specified | 10 | 00 |
21. | On appeal to Court of Appeal, such fee as is required by Court of Appeal Rules. | ||
22. | On taxation of bill of costs, accounts, etc., for every ten folios or part thereof |
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23. | On issue of a subpoena | 2 | 00 |
24. | (a) On filing any affidavit to include proof of debt above Shs. 50/- under Schedule II (1) of the Act (other than proof of wages or deposit due to a under rule 213) |
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(b) Where the debt is under Shs. 50/- | 1 | 00 |
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25. | On inspection of a proof of debt under Schedule II of the Act | 1 | 00 |
26. | On inspection of any record under rule 10 of the Bankruptcy Rules | 4 | 00 |
27. | For (a) certified copy of any document under rule 14– | ||
(i) for the first folio of 100 words | 4 | 00 |
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(ii) for each subsequent folio | 2 | 00 |
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For (b) uncertified copy of any document under rule 14– | |||
(i) for the first four folios or part thereof | 2 | 00 |
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(ii) for each subsequent folio | 50 |
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28. | On filing any document not elsewhere specified | 4 | 00 |
29. | On giving appointment to settle order under rule 26(2) | 5 | 00 |
30. | On approval of memorandum under rule 29 | 5 | 00 |
31. | On issue of any notice (including hearing notice) for each notice | 2 | 00 |
32. | On witnessing a declaration under rule 98 or attesting a bankruptcy petition under rule 109 |
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33. | For filing report to Court under rule 273(3) | 5 | 00 |
34. | For a certificate under rule 190 | 5 | 00 |
35. | Reports filed and applications made by Receiver to Court and orders thereon | Nil |
TABLE B
FEES, PERCENTAGES AND EXPENSES TO BE PAID TO, OR DEDUCTED FROM,
THE ESTATE BY THE OFFICIAL RECEIVER
Item |
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1. On the net assets realised or brought to credit by the Receiver, whether acting as Interim Receiver, Receiver or Trustee, after deducting any sums paid to secured creditors in respect of their securities, and not being assets realised by a special manager or moneys received and spent in carrying on the business of the debtor, and the net assets realised by a Receiver when acting as Trustee to administer a debtor's property under a composition or scheme, after deducting any sums paid to secured creditors in respect of their securities, and not being moneys received and spent in carrying on the business of a debtor, a percentage according to the following scale: |
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Percent |
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Shs. | Cts. |
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On the first Shs. 20,000/- |
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On the next Shs. 30,000/- |
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On the next Shs. 50,000/- |
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On the next Shs. 100,000/- |
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On the next Shs. 1,800,000/- |
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On all further sums ............................................................... | 3 | 00 |
2. (a) On the amount distributed to creditors by the Receiver when acting as Trustee under a composition– | ||
On the first Shs. 10,000/- |
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On the next Shs. 10,000/- |
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On the next Shs. 20,000/- |
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On all further sums .............................................................. | 1 | 00 |
(b) On the net amount realised by the receiver when acting as Receiver or Trustee to each and every secured creditor through sale of each and every security– | ||
On the first Shs. 20,000/- |
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On the next Shs. 60,000/- |
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On the next Shs. 140,000/- |
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On all further sums .............................................................. | 50 |
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3. On the amount distributed in dividend or otherwise to unsecured creditors by the Receiver when acting otherwise than as Trustee under a composition, a percentage according to the following scale: | ||
On the first Shs. 20,000/- |
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On the next Shs. 30,000/- |
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On the next Shs. 50,000/- |
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On the next Shs. 100,000/- |
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On all further sums .............................................................. | 1 | 50 |
4. For the Receiver acting as Interim Receiver of the property of a debtor, in addition to the percentage chargeable on realisation, on every order ......................................................................... |
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And, in addition, where the order is in force for a longer period than fourteen days, for every seven days after the first fourteen, and for every fraction of seven days ...................................... |
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5. For each notice by a Receiver to a creditor of the first or any other meeting, or sitting of the Court– | ||
Where the estimated value of the assets exceeds Shs. 2,000/- |
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Where the estimated value of the assets does not exceed Shs. 2,000/- On the first twenty notices, each notice .................... | 1 | 50 |
For each notice above twenty | 75 |
6. For each notice by a Receiver to a creditor of an adjourned meeting or an adjourned sitting of the Court | 75 |
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7. Advertising, travelling, keeping possession, and other reasonable expenses of the Receiver, the amount disbursed. | ||
8. On every payment of money out of the Bankruptcy Estates Account, 30 cents on each twenty shillings or fraction of twenty shillings to be charged as follows: | ||
Where the money consists of unclaimed dividends, on each dividend paid out; | ||
Where the money consists of undistributed funds or balances, on the amount paid out. | ||
9. For the Receiver supervising a special manager or the carrying on of a debtor's business, where the estimated assets exceed Shs. 2,000/- a fee according to the following scale: | ||
Per Week |
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Shs. | Cts. |
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If the gross assets are estimated by the Receiver not to exceed Shs. 10,000/- |
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If to exceed Shs. 10,000/- |
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If to exceed Shs. 100,000/- |
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If to exceed Shs. 200,000/- |
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It to exceed Shs. 400,000/- | 150 | 00 |
10. Room for meeting or adjourned meeting of creditors summoned by Receiver, for each creditor to whom notice has been given of such meeting, a proportionate amount of such outlay as has been incurred. | ||
11. For official stationery, printing, books, forms and postages, each estate– | ||
Shs. | Cts. |
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For every ten applications to debtors to an estate, or fraction of ten | 3 | 00 |
For every ten creditors or fraction of ten where the estimated assets exceed Shs. 2,000/- |
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Where the estimated assets do not exceed Shs. 2,000/- for every ten creditors or fraction of ten up to twenty |
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For every ten creditors or fraction of ten above twenty | 7 | 50 |
TABLE C
BAILIFF'S CHARGES
Such charges as are chargeable for the time being in Tanzania by Court Brokers in civil matters. {/mprestriction}