The Presidency-Towns Insolvency Act, 1909

Section 3. Courts having jurisdiction in insolvency

In force · As amended up to 2026-08

PART I CONSTITUTION AND POWERS OF COURT Jurisdiction 3. Courts having jurisdiction in insolvency.-- The Courts having jurisdiction in insolvency under this Act shall be[9] [the High Courts at Calcutta, Madras and Bombay]. 3. s.74 has been amended in its application to Bombay and Madras by the Presidency-towns Insolvency (Bombay Amendment) Act, 1933 (Bom.20 of 1933), s.2, and the Presidency-towns Insolvency (Madras Amendment) Act, 1943 (Mad.5 1943), s.6. 4. 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. 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 Bombay[1] * * * 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] 2[( 1 A) Subject to rules made under section 112,3 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[3] [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. 4(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[5] 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] 3. In Calcutta read "112A" for "112": see the Presidency-towns Insolvency (Ben. Amendment) Act, 1936 (Ben.18 of 1936), s.3 (b). 3. Notice of meetings.-- The notice of any meeting shall be sent off not less than seven days before the day appointed for the meeting and may be delivered personally or sent by prepaid post letter, as may be convenient. The official assignee may, if he thinks fit, also publish the time and place of any meeting in any local newspaper or in the Official Gazette. 3. Authority to make affidavit.-- The affidavit may be made by the creditor himself or by some person authorized by or on behalf of the creditor. If made by a person so authorized, it shall state his authority and means of knowledge. THE THIRD SCHEDULE . [ Enactments repealed .] Rep. by the Repealing and Amending Act , 1914 (10 of 1914), s .3 and Sch. II.

Source: India Code