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Report No. 190

Powers of the administrator respecting property (Section 52BB)

8.9.15 Section 52BB (9) vests in the administrator powers of the civil court. Sub-section (1) provides that an administrator may, pending the institution of proceedings against a person, who has rendered himself liable to be proceeded against under section 106, by order in writing, prohibit him or any other person from transferring or disposing of any property which, in his opinion, would be liable to attachment.

8.9.16 Sub section (2) provides for an appeal against such orders of the administrator to Central Government. It would be appropriate if the Authority is made the appellate authority under this sub-section. The words "Central Government" occurring in sub-sections (2) and (3) are to be replaced by the word "Authority".

8.9.17 As aforesaid, the administrator would be exercising powers of a civil court. He should, therefore, be well qualified and competent to exercise such powers. A provision to this effect may be added to section 52 (A).









  

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