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PROVINCIAL INSOLVENCY ACT, 1920 (TAMIL NADU AMENDMENT)

PROVINCIAL INSOLVENCY ACT, 1920 (TAMIL NADU AMENDMENT)

PROVINCIAL INSOLVENCY ACT1920 (TAMIL NADU AMENDMENT)

Section 28A - Insolvent's property to comprise certain capacity

[Inserted by Act 25 of 1948, section 2]

The property of the insolvent shall comprise and shall In always be deemed to have comprised also the capacity to exercise and to take proceedings for exercising all such powers in or over or in respect of property as might have been exercised by the insolvent for his own benefit at the commencement of his insolvency or before his discharge:

Provided that nothing in this section shall affect any sale, mortgage or other transfer of the property of the insolvent by a Court or receiver or the Collector acting under section 60 made before the commencement of the Provincial Insolvency (Amendment) Act, 1948 (25 of 1948) which has been the subject of a final decision by a competent Court:

Provided further that the property of the insolvent shall not be deemed by reason of anything contained in this section to comprise his capacity referred to in this section in respect of any such sale, mortgage or other transfer of property made in the State of Madras after the 28th day of July, 1942, and before the commencement of the Provincial Insolvency (Amendment) Act, 1948 (25 of 1948).]

[STATE AMENDMENTS

[Tamil Nadu

[1] [After Section 28-A

The following section shall be inserted, namely:--

"28-B. Section 28-A to apply to the merged territory of Pudukkottai from 1st April 1949 with certain modifications.--

Section 28-A shall, with effect on and from the 1st day of April 1949, be deemed to have applied to the merged territory of Pudukkottai, subject to the following modifications, namely:--

(i)       In the first and, second provisos, for the words, brackets and figures ' before the commencement of the Provincial Insolvency (Amendment) Act, 1948,' the words, letters and figures ' before the 7th day of May 1947' shall be substituted.

(ii)      In the second proviso, for the figures, letters and words ' 28th day of July 1942 ' the figures, letters and words ' 29th day of August 1944' shall be substituted."]

 

 

 

 



[1] Inserted by Provincial Insolvency (Madras Amendment) Act, 1953 (Act 08 of 1953).