Provincial Insolvency (West Pakistan Amendment) Ordinance, 1959
(W.P. Ordinance VIII of 1959)
C O N T E N T S
1. Short title.
2. Amendment of
section 60 of Act V of 1920.
PROVINCIAL INSOLVENCY (WEST
(W.P. Ordinance VIII
An Ordinance to consolidate the various
amendments to the Provincial Insolvency Act, 1920, as applicable to the
Province of West
WHEREAS it is expedient to consolidate the various amendments to the
Provincial Insolvency Act, 1920, as applicable to the
of West Pakistan;
Now, THEREFORE, in pursuance of the
Presidential Proclamation of the 7th day of October, 1958, and having
received the previous instructions of the President, the Governor of West
Pakistan is pleased, in exercise of all powers enabling him in that behalf,
to make and promulgate the following Ordinance:-
1. Short title.—
This Ordinance may be called the Provincial Insolvency (West Pakistan
Amendment) Ordinance, 1959.
2. Amendment of section 60 of Act V of 1920.—
After sub-section (2) of section 60 of the Provincial Insolvency Act, 1920,
hereinafter referred to as the principal Act, the following sub-section
shall be added:-
“(3) In particular and without prejudice to the generality of sub-section
(2), when the whole or any part of the estate of an insolvent consists of
land, such land shall not be temporarily alienated by the receiver; but
after the other property of the insolvent has been realized, the Court shall
proceed in the manner provided in sub-section (1), and the Collector shall
thereupon proceed to raise the amount required by means of a temporary
alienation in such form and for such period as may be legally permissible
and as he thinks fit, and shall hold at the disposal of the Court all sums
which may thereby come to his hand:
Provided that such
portions of the land shall be exempted from alienation as in the opinion of
the Collector, having regard to the income of the Judgment-debtor from all
sources except such income as is dependent on the will of another person, is
sufficient to provide for the maintenance of the insolvent and members of
his family who are dependent on him, and such portion shall be deemed not to
form part of the estate under administration.
purposes of sub-section (3), land means land which is not occupied as the
site of any building in a town or village and is occupied or has been let
for agricultural purposes or for purposes subservient to agriculture or for
pasture, and includes the sites of buildings and other structures on such
The enactments specified in the Schedule and amendments made by them in the
principal Act are hereby repealed to the extent mentioned in the fourth
Relief of Indebtedness Act, 1934.
Section 3 and 4
Amendment) Act, 1939.
Amendment) Act, 1939.
Ordinance was promulgated by the Governor of West Pakistan on 21st Jan.,
1959; published in the West Pakistan Gazette (Extraordinary), dated 25th
March, 1959; pages 199-200; saved and given permanent effect by Article
225 of the Constitution of the Islamic Republic of Pakistan (1962).