The Presidency – Towns Insolvency Act,1909
Section 77. Appointment and removal of official assignees of insolvents estate
1[(1)
(a) The Chief Justice of the High Court at Madras may from time to time appoint substantively or temporarily such persons as he thinks fit to the office of official assignee of insolvents’ estates and such person or persons as he thinks fit to the office of the deputy official assignee for the said Court and may, with the concurrence of a majority of the other Judges of the Court, remove the person for the time being holding any of the said offices for any cause appearing to the Court sufficient.
(b) The State Government of West Bengal shall, after consultation with, and with the concurrence of, the Chief Justice of the High Court at Calcutta, appoint substantively or temporarily a person to the office of official assignee of insolvents’ estates for the said Court and may, after the like consultation and with the like concurrence, appoint substantively or temporarily a person or persons to the office of the deputy official assignee for the said Court.
(c) For the High Court at Bombay, the State Government of Bombay2 may from time to time appoint substantively or temporarily such person as the State Government thinks fit to the office of official assignee of insolvents’ estates and such person or persons as the State Government thinks fit to the office of the deputy official assignee]
3[(1A) Subject to rules made under section 112,4 the deputy official assignee shall have all the powers and shall discharge all the duties and in exercise of such powers and in the discharge of such duties shall be subject to all the liabilities of the official assignee under this Act.]
(2) Every official assignee 9[and every deputy official assignee] shall give such security and shall be subject to such rules and shall act in such manner as may be prescribed.
5[(3) Not withstanding anything in sub-section (1), the persons substantively or temporarily holding the office of official assignee immediately before the commencement of this Act in the Courts for the relief of Insolvent Debtors at Calcutta, Madras and Bombay respectively under the Indian Insolvency Act,1848, 6 shall, without further appointment for that purpose, become the official assignees, substantive or temporary, as the case may be, under this Act in the High Courts at Fort William, Madras and Bombay 7 respectively.8
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1. Subs. by the A.O.1937 for the original sub-section (1) as amended by Act 9 of 1926, s.7, and Act 10 of 1930, s.4.In its application to Calcutta, s.77 had been previously amended by the Presidency – Towns Insolvency (Bengal Amendment) Act,1936 (Ben.18 of 1936), s.3.In its application to Madras, this section has been amended by the Presidency – Towns Insolvency (Madras Amendment) Act,1943 (Mad.5 of 1943), s.7
2. The words “and for the Court of the Judicial Commissioner of Sind, the Provincial Government of Sind” rep.by the A.O.1948
3. Ins. by act 10 of 1930, s.4.
4. In Calcutta read “112A” for “112”: see the Presidency – Towns Insolvency (Ben.Amendment) Act,1936 (Ben.18 of 1936), s.3 (b).
5. This sub-section has been replaced by another in Calcutta: see s.3 (c), ibid.
6. The words “and in the Chief Court of Lower Burma under that Act as applied by the Lower Burma Courts Act,1900” rep.by the A.O.1937.
7. The words “and in the Chief Court of Lower Burma” rep., ibid.
8. For s.77A, applicable to Bombay and Madras, see the Presidency – Towns Insolvency (Bombay Amendment) act,1933 (Bom.20 of 1933), s.3 and the Presidency – Towns Insolvency (Madras Amendment) Act,1943 (Mad.5 of 1943), s.8 respectively.
9. Ins. by Act 10
of 1930, s.4}
