Section 23   [ View Judgements ]

Amendment of section 45S


In section 45S of the principal Act,-



(a) in sub-section (1)-



(i) the words "which has been ordered to be would up" shall be omitted;



(ii) for the words beginning with "take possession of such property" and ending with "special officer ", the following shall be substituted, namely:-



"(a) take possession of such property, books of accounts or other documents, and



(b) forward them to the official liquidator or the special officer.";



(b) for sub-section (2), the following sub-sections shall be substituted, namely:-



"(2) Where any such property and effects are in the possession of the Chief Presidency Magistrate or the District Magistrate, as the case may be, such Magistrate shall, on request in writing being made to him by the official liquidator or the special officer referred to in sub-section (1), sell such property and effects and forward the net proceeds of the sale to the official liquidator or the special officer:



Provided that such sale shall, as far as practicable, be effected by public auction.



(3) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Magistrate or the District Magistrate may take or cause to be taken such steps and use or cause to be used such force as may, in his opinion, be necessary.



(4) No act of the Chief Presidency Magistrate or the District Magistrate done in pursuance of this section shall be called in questioned in any court or before any authority.".

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