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Section 9 – The Presidency – Towns Insolvency Act,1909

The Presidency – Towns Insolvency Act,1909

Section 9. Acts of insolvency

A debtor commits an act of insolvency in each of the following cases, namely:

(a) If, in the states or elsewhere, he makes a transfer of all or substantially all his property to a third person for the benefit of his creditors generally;

(b) If, in the States or elsewhere, he makes a transfer of his property or of any part thereof with intent to defeat or delay his creditors;

(c) If, in the States or elsewhere, he makes any transfer of his property or of any part thereof, which would, under this or any other enactment for the time being in force, be void as a fraudulent preference if he were adjudged an insolvent;

(d) If, with intent to defeat or delay his creditors,

(i) He departs or remains out of the States,

(ii) He departs from his dwelling-house or usual place of business or otherwise absents himself,

(iii) He secludes himself so as to deprive his creditors of the means of communicating with him;

(e) If any of his property has been sold or attached for a period of not less than twenty-one days in execution of the decree of any Court for the payment of money;

(f) If he petitions to be adjudged an insolvent;

(g) If he gives notice to any of his creditors that he has suspended, or that he is about to suspend, payment of his debts;

(h) If he is imprisoned in execution of the decree of any Court for the payment of money.1

Explanation. For the purposes of this section, the act of an agent may be the act of the principal, even though the agent have no specific authority to commit the act.2

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1. For cl.(i) and the proviso, applicable to Bombay only, see the Presidency – Towns Insolvency and the Provincial Insolvency (Bombay Amendment) Act,1939 (Bom.15 of 1939), s.2

2. For s.9A, applicable to Bombay only, see s.2, ibid.

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