19
Power of liquidator
Act: Baluchistan Village Organizations Ordinance 1990
Section Provisions
BALOCHISTAN STATUTES BALOCHISTAN STATUTES ORDINANCE I OF 1990 BALOCHISTAN VILLAGE ORGANIZATIONS ORDINANCE, 1990 CHAPTER V LIQUIDATION AND ARBITRATION 19. Power of liquidator: ‑A liquidator appointed under section 18 shall have the power with sanction of the Registrar to do all or any of the following things: (a) to pay any class or classes of creditors in full; (b) to make any compromise or arrangement with creditors or persons claiming to be creditors or having or alleging themselves to have any claim, present or future, whereby the Village Organisation may be rendered liable; (c) to compromise all debts, and liabilities capable or resulting in debts, and all claims, present or future, certain or contingent, subsisting or supposed to subsist between the Village Organisation and a debtor or persons apprehending liability to the Village Organisation and all questions in any way relating to or affecting the assets or the discharge of any such liability, debt, or claim and give a complete discharge in respect thereof; (d) from time to time to determine the contribution or subscription to be made or remaining to be made by the subscribers or past subscribers or by the estates, heirs or legal representatives of deceased subscribers or by any officer to the assets of the Village Organisation, such contribution or subscription including debts due from such subscribers or persons; (e) to institute and defend suits and other legal proceedings on behalf of the Village Organisation in the name of his office. (1) to issue requisitions under section 27 upon the Collector for the recovery as arrears of land revenue of any sum ordered by him to be recovered as dues from subscribers or as a contribution or subscription to the assets of the Village Organisation or to the cost of liquidation; (g) to get disputes referred to arbitration; (h) to investigate all claims against the Village Organisation and, subject to the provisions of this Ordinance, to decide questions of priority arising out of such claims, and to pay rateably according to the amount of such debts, the surplus, if any, being applied in payment of interest or return from the date of liquidation at a rate to be fixed by the Registrar not exceeding the contract rate; (i) to sell the movable and immovable property and actionable claims of the Village Organisation by public auction or private treaty with power to transfer the whole thereof to any person or to sell the same in parcels; (j) to raise on the security of the assets of the Village Organisation any money requisite; (k) to determine by what person and in what proportion the cost of the liquidation shall be borne; (1) to give such directions in regard to the collection and distribution of the assets of the Village Organisation as may appear to him to be necessary for winding up the affairs of the Village Organisation; (m) to fix the time or times within which creditors shall prove their debts and claims or be included for the benefit of any distribution made before those debts or claims are proved; (n) to carry on the business of the Village Organisation as may be necessary for the beneficial winding up of the same: Provided that no liquidator shall determine the contribution or subscription, debt or dues to be recovered from a past subscriber or the representative of a deceased subscriber unless opportunity has been given to such past subscriber or to such representative to answer the claims: Provided further that all debts due to the Federation or Province shall have priority over all debts which are not secured by a mortgage, charge or lien on the property of the Village Organisation or any part thereof but nothing herein contained shall affect the provisions of the Balochistan Land Revenue Act, 1967 (XVII of 1967) or any other law relating to land revenue in force in the area; (o) to do all such other acts and things as may be necessary for the winding up of the affairs of the Village Organisation.