Full legislation
s.82
Discretionary powers of trustee and control thereof
(1)
Subject to the provisions of this Ordinance, the trustee shall, in the
administration of the property of the bankrupt and in the distribution thereof
amongst his creditors, have regard to any directions that may be given by resolution
of the creditors at any general meeting or by the creditors’ committee, and any
directions so given by the creditors at any general meeting shall, in case of
conflict, be deemed to override any directions given by the creditors’
committee.
(Amended
76 of 1996 s. 74
)
(2)
The trustee may from time to time summon general
meetings
of the creditors for the purpose of ascertaining their wishes, and it shall be
his duty to summon meetings at such times as the creditors, by resolution,
either at the meeting appointing the trustee or otherwise may direct, and it
shall be lawful for any creditor, with the concurrence of
one-
fourth in value of
the creditors (including himself), at any time to request the trustee to call a
meeting of the creditors, and the trustee shall call such meeting accordingly
within 14
days:
Provided that the person at whose
instance the meeting is summoned shall, if so required, deposit with the
trustee
a sum sufficient to pay the costs
of summoning the meeting, such sum to be repaid to him out of the estate if the
court so directs.
(Amended
18 of 2005 s. 26
)
(3)
The trustee may apply to the court in manner prescribed for directions in
relation to any particular matter arising under the bankruptcy.
(4)
Subject to the provisions of this Ordinance the trustee shall use his
discretion in the management of the estate and its distribution among the
creditors.
[cf. 1914 c. 59 s. 79 U.K.]