148. Any person appointed under section 67 (3) of the Law to discharge the duties of the Official Receiver during his absence shall, during his tenure of office, have all the status, rights, and powers, and be subject to all the liabilities of an Official Receiver.
149. When an Official Receiver is removed, dies, or retires, all estates, rights, and powers vested in him shall, without any conveyance or transfer, vest in such Official Receiver as may be appointed in his place.
150.-(1) As soon as the Official Receiver receives a copy of a receiving order made against a debtor, he shall furnish the debtor with a copy or instructions for the preparation of his statement of affairs.
(2) The Official Receiver 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 103 of the Law.
(3) It shall be the duty of the debtor to attend on the Official Receiver at his office or at such other place, and at such time or times as the Official Receiver may appoint.
151. Subject to any general or special directions which the Court may give, the Official Receiver, while in the possession of a debtor’s property, 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.
152. Whenever, under the powers given by section 70 of the Law, the Official Receiver employs any person to assist the debtor in the preparation of his statement of affairs, he shall forthwith report the matter by letter to the Court, justifying his action therein and specifying the remuneration to be allowed to such person.
153. Where an Official Receiver who holds any proxies cannot conveniently attend any meeting of creditors at which such proxies might be used, he may depute some person in his employment or under his official control, or some officer of the Court, or some other fit and proper person, by writing under his hand, to attend such meeting and use such proxies on his behalf, and in such manner as he may direct.
154. In any case of sudden emergency, where there is no Official Receiver capable of acting, any act or thing required or authorized to be done by an Official Receiver may be done by the Registrar.
155. When the Official 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.
156. Save where the Law or these rules otherwise provide, applications by the Official Receiver to the Court may be made personally and without notice or other formality; but the Court may direct notice to be given to any person likely to be affected by the application.
157. In any case of doubt or difficulty or in any matter not provided for by the Law or these rules relating to any proceeding in Court the Official Receiver may apply to the Court for directions.
158. Where a debtor against whom a receiving order has been made has no available assets, the Official Receiver shall not be required to incur any expense in relation to his estate without the express directions of the Accountant-General.
159.-(1) Where a composition or scheme is sanctioned by the Court the Official 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 Official 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 auditor who shall take such action (if any) thereon as he may deem expedient. The debtor or trustee complaining shall file a copy of his complaint in Court, and the auditor shall send a copy of his report on the matter to the Court.
160. The provisions of this part of these rules as to trustees and their accounts shall not apply to the Official Receiver when acting as trustee, but he shall account in such manner as the treasurer and the auditor may from time to time direct.
161. The debtor shall, on the request of the Official 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 Official 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 Official Receiver shall report such failure to the Court, and the Court shall take such action on such report as the Court shall think just.
162. The following provisions shall apply to every case in which proceedings are taken either by action, application, or in any other manner, against any Official 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 Law or in execution of the powers given to Official Receivers by the Law:-
(a) subject to the provisions of the next following paragraph, the costs, damages, and expenses which the Official 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 Official Receiver to report the same to the Attorney-General, who shall determine whether or not such proceedings shall be resisted or defended;
(e) the Official 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 has determined that such proceedings shall be resisted or defended;
(d) if such proceedings are commenced before the appointment of a trustee by the creditors, or before the approval of a composition or scheme, the Official Receiver may, before putting the trustee appointed by the creditors, or in the case of a composition or scheme the debtor or the trustee thereunder, 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 Official 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 Official 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 the debtor shall, as from the date of such notice, he deemed to he charged with the payment of the said damages, costs, and expenses.
163. When the appointment of a trustee is certified notice of his appointment shall forthwith be gazetted and advertised by the Official Receiver.
164. Where the debtor or a creditor objects to the appointment of a trustee, the Registrar shall fix a time for the hearing of the matter. At the hearing the person objected to, and every creditor shall be entitled to be heard.
165. It shall be a sufficient reason for refusing to certify the appointment of a person as trustee that in any other proceeding under the Law such person has either been removed under section 86 (2) of the Law from the office of trustee, or has failed or neglected, without good cause shown by him, to render his accounts for audit for one month after the date by which the same should have been rendered.
166. Where a trustee is removed, notice shall forthwith be given to the Registrar and to the Official Receiver, who shall gazette and advertise the same.
167. 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 Official Receiver.
168. In any case in which, under the provisions of section 20 (5) or section 73 (3) of the Law, the Court appoints a trustee, the trustee shall receive out of the estate such remuneration as the Court shall determine.
169. The order granting a trustee his release shall be gazetted and advertised by the Official Receiver. But such order shall not be signed or delivered out unless and until the trustee has delivered over to the Official Receiver all the books, papers, documents, and accounts.
170. 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 Official Receiver on the deposit of a sum sufficient to defray the expenses of the meeting.
171. The trustee shall not make any payments out of the estate except with the concurrence of the Official Receiver. Every cheque or other authority for such payment shall be made out by the trustee and signed by him, and be submitted to the Official Receiver for approval and countersignature; and no payment shall be made on any such cheque or other authority unless it bears the countersignature of the Official Receiver. A memorandum of all payments authorized to be made shall forthwith be prepared by the trustee and signed by him, and when countersigned by the Official Receiver shall be filed by the latter in Court.
172. 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 Official Receiver or any creditor.
173.-(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 with 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 Official Receiver that any profit or payment has been made contrary to the provisions of this rule he may disallow such payment or recover such profit, as the case may be, on the audit of the trustee’s account.
(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 of the Court 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 the duties attaching to his office as a member of such committee.
(4) The costs of obtaining such sanction as aforesaid shall be borne by the person in whose interest it is obtained and shall not be payable out of the debtor’s estate.
174.-(1) Where a debtor is adjudged bankrupt, and a trustee is appointed, the Official Receiver shall forthwith put the trustee into possession of all property of the bankrupt of which the Official Receiver may be possessed; provided that such trustee shall have, before the estate is handed over to him by the Official Receiver, discharged any balance due to the Official Receiver on account of fees, costs, and charges properly incurred by him and payable under the Law, 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 nine pounds per cent. per annum, and shall have discharged or undertaken to discharge all guarantees which have been properly given by the Official Receiver for the benefit of the estate; and the trustee shall pay all fees, costs, and charges of the Official 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 Official Receiver shall be deemed to have a lien upon the estate until such balance shall have been paid, and such guarantees and other liabilities shall have been discharged.
(3) It shall be the duty of the Official 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.
175. Where the Official Receiver is of opinion that any act done by a 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 Official Receiver may summon a meeting of creditors accordingly to consider the same, and the expense of summoning such meeting shall be paid by the trustee out of any available assets under his control.
176. Where any matter which has been gazetted, or gazetted and advertised, has been amended or altered, the Official Receiver shall re-gazette, or re-gazette and re-advertise, such matter with the necessary amendments and alterations at the expense of the estate.
177. The Registrar shall keep books in manner directed by the Chief Justice, and the particulars given under the different heads in such books shall be entered forthwith after the proceedings shall be had. Such books shall on payment of the prescribed fee be open for public information and searches on the Registrar being satisfied as to the propriety of the object for which such search is required. The Registrar’s refusal shall he subject to appeal to the Court, whose decision in the matter shall be final.
179. The Official Receiver, until a trustee is appointed, and thereafter the trustee, shall keep a book to be called the “Record Book,” in which he shall record all minutes, all proceedings had, and 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.
180. The Official Receiver, until a trustee is appointed, and thereafter the trustee, shall keep a book to be called the “Cash Book “in which be shall enter from day to day the receipts and payments made by him.
181. The trustee shall forward his accounts to the Official Receiver in duplicate. If found correct, the Official Receiver shall pass them, and one copy of the accounts as passed by him shall be sent to the Registrar to file with the proceedings in the bankruptcy.
182. Upon a trustee resigning, or being released or removed from his office, he shall deliver over to the Official Receiver, or, as the case may be, to the new trustee, all books kept by him, and all other books, documents, papers, and accounts, in his possession relating to the office of trustee.
183. 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 and advertised.