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Continued ...

PART VII

MISCELLANEOUS

76. Costs.-

The costs of any proceeding under this Act, including the costs of maintaining a debtor in the civil prison, shall, subject to any rules made under this Act, be in the discretion of the Court in which the proceeding is had.

77. Courts to be auxiliary to each other.-

All Courts having jurisdiction in insolvency and the officers of such Courts, respectively, shall severally act in aid of and be auxiliary to each other in all matters of insolvency, and an order of a Court seeking aid with a request to another of the said Courts shall be deemed sufficient to enable the latter Court to exercise, in regard to the matters directed by the order, such jurisdiction as either of such Courts could exercise in regard to similar matters within their respective jurisdictions.

78. Limitation.-

(1) The provisions of sections 5 and 12 of the Indian Limitation Act, 1908 (9 of 1908), shall apply to appeals and applications under this Act, and for the purpose of the said section 12, a decision under section 4 shall be deemed to be a decree.

(2) Where an order of adjudication has been annulled under this Act, in computing the period of limitation prescribed for any suit or application for the execution of a decree [other than a suit or application in respect of which the leave of the Court was obtained under sub-section (2) of section 28] which might have been brought or made but for the making of an order of adjudication under this Act, the period from the date of the order of adjudication to the date of the order of annulment shall be excluded:

Provided that nothing in this section shall apply to a suit or application in respect of a debt provable but not proved under this Act.

79. Power to make rules.-

(1) The High Court may, with the previous sanction of the State Government, make rules for carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide--

(a) the form of the insolvency notice under clause (a), and the manner in which such notice may be served under clause (b), of sub-section (3) of section 6,

(aa) for the appointment and remuneration of receivers (other than Official Receivers), the audit of the accounts of all receivers and the costs of such audit,

(b) for meetings of creditors,

(c) for the procedure to be followed where the debtor is a firm,

(d) for the procedure to be followed in the case of estates to be administered in a summary manner, and

(e) for any matter which is to be or may be prescribed.

(3) All rules made under this section shall be published in the Official gazette, and shall, on such publication, have effect as if enacted in this Act.

80. Delegation of powers to Official Receivers.-

(1) The High Court, with the like sanction, may from time to time direct that, in any matters in respect of which jurisdiction is given to the Court by this Act, the Official Receiver shall, subject to the directions of the Court, have all or any of the following powers, namely:--

(b) to frame schedules and to admit or reject proofs of creditors;

(e) to make interim orders in any case of urgency; and

(f) to hear and determine any unopposed or ex-parte application.

(2) Subject to the appeal to the Court provided for by section 68, any order made or act done by the Official Receiver in the exercise of the said powers shall be deemed the order or act of the Court.

81. Power of State Government to bar application of certain provisions to certain Courts.-

Any State Government may, by notification in the Official Gazette, declare that any of the provisions of this Act specified in Schedule II shall not apply to insolvency proceedings in any Court or Courts having jurisdiction under this Act in any part of the territories administered by such State Government.

82. Savings.-

Nothing in this Act shall--

(a) affect the Presidency-towns Insolvency Act, 1909 (3 of 1909); or

(b) apply to cases to which Chapter IV of the Dekkhan Agriculturists Relief Act, 1879 (17 of 1879), is applicable.

83. Repeals.

(2) Where in any enactment or instrument in force at the date of the commencement of this Act, reference is made to Chapter XX (Of Insolvent Judgment-debtors) of the Code of Civil Procedure, 1877 (10 of 1877), or of the Code of Civil Procedure, 1882 (14 of 1882), or to any section of either of those Chapters, such reference shall, so far as may be practicable, be construed as applying to this Act or to the corresponding section thereof.

...  Continued