§ 1Short title and introduction
1 (1) This Act
Bankruptcy Act, 1997
shall be called
(2)It shall come into force on such date as the Government may, by notification in the Official Gazette, specify within the 31st day of December, 1997.
Full text · showing key sections
1 (1) This Act
Bankruptcy Act, 1997
shall be called
2 Subject to anything contrary to the subject or context, in this Act,—
3 Unless otherwise provided in this Act, its provisions shall not be in derogation of, but in addition to, any other law for the time being in force.
4 (1) Subject to other provisions of this Act, the District Court shall be the court having jurisdiction under this Act and the District Judge shall be the judge to try and settle the proceedings arising under this Act in the area under the jurisdiction of the said Court.
5 (1) Subject to the provisions of this Act, the Court shall have full power to decide any question arising in any bankruptcy proceedings, whether of title or priority or of law or fact or of any other nature, which comes to the notice of the Court or which the Court deems expedient and necessary to be disposed of for the purpose of the full justice of the case or the full distribution of the property concerned.
6 The Court shall, subject to the provisions of this Act, exercise the same powers in respect of any proceedings under this Act as it may exercise in the exercise of its original civil jurisdiction.
7 (1) Where any debtor or any other person fails to comply with any order or direction given by the court or by the receiver or any other officer of the court under the authority delegated under this Act, the court, on its own initiative or on the application of the receiver or the said other officer, may order the said defaulting debtor or the defaulting person to comply with the said order or direction, or if there is sufficient cause, the said defaulting debtor or the defaulting person to be imprisoned in civil prison for such term and under such conditions as may be determined by the court. Can order delivery
8 (1) Unless otherwise expressly provided by or under this Act, no provision other than the provisions of section 11 of the Code of Civil Procedure shall apply to any proceedings in a court.
9 (1) Any of the following acts by a debtor shall be an act of insolvency, namely:-
(a) if he transfers to a third person all or nearly all the property held anonymously in the name of himself and his wife, son, daughter in Bangladesh or elsewhere for the benefit of his creditors in general.
(b) if he transfers the property or any part of it in Bangladesh or elsewhere, held anonymously in the name of himself and his wife, son, daughter, with a view to defeating or delaying the claims of his creditors;
Explanation- If a person, being unable to pay his debts, transfers his property or any part of it without reasonable consideration, he shall be deemed to have made the transfer with the intention of defeating or delaying the claims of his creditors;
(c) if he transfers or mortgages or encumbers or encumbers his property or any part thereof in Bangladesh or elsewhere in such a manner that, in the event of his being declared insolvent, such transfer, mortgaging, encumbrance or encumbrance is deemed to be of no effect as a fraudulent preference under this Act or any other law for the time being in force;
(d) with intent to frustrate or delay the claims of his creditors, if he—
(b) leaves Bangladesh or resides outside Bangladesh;
(a) leaves his place of residence or his usual place of business;
(e) conceals himself in such a manner that his creditors are deprived of the opportunity of communicating with him; or
(e) complying with any decree, judgment or order passed by any court or any other authority contrary to his interest by resorting to conspiracy or fraud;
(e) if any of his property has been sold in execution of a decree of any court for the purpose of payment;
(f) if he himself applies to the court under this Act to be declared bankrupt;
(g) if he gives notice in writing to any of his creditors that he has suspended or is about to suspend the payment of his debt;
(h) if he is detained in prison in execution of a decree of a court for inability to pay any debt;
(j) If one or more creditors have sent a formal demand under this Act requesting payment of the said debt or providing necessary security to the creditor's satisfaction against another valid and overdue debt of Rs.
10 If the debtor commits any act of insolvency, one or more eligible creditors or such debtor may, subject to the provisions of this Act, present a petition, and the court may make an order declaring the debtor bankrupt in view of such petition; In this Act, such an order is called a declaration of bankruptcy
11 (1) Any person other than a person mentioned in sub-section (2) shall be subject to insolvency proceedings under this Act, who-
(a) is a resident of Bangladesh or has the head office of his business in Bangladesh;
(b) was ordinarily resident in Bangladesh at any time during the one year immediately preceding the submission of the application or had a place of residence or place of business in Bangladesh during that period;
(c) usually conducts its business in Bangladesh through a representative
12 (1) No creditor shall be entitled to present an application against the debtor unless he is a proper creditor, and if—
(a) the amount due to the debtor by the said creditor, or if two or more creditors apply jointly, their total amount due does not exceed 5,00,000.00 (Five Lakhs);
(b) prima facie evidence of any insolvency proceedings by the debtor is not produced by said creditor; And
(c) the said insolvency proceedings have not been organized within one year immediately preceding the date of presentation of the petition.
13 (1) A debtor shall not be entitled to present an application unless he specifically states in the application that he is unable to pay his debt and unless—
(a) He further mentions in the said application that the amount of his debt is at least 20,000.00 (twenty thousand) Taka; or
(b) he is arrested or detained in prison in execution of a decree passed against him by any court on account of his inability to pay any debt; or
(c) an order for attachment of his property is made in execution of such decree and the said order is in force at the time of presentation of the application.
14 Subject to the provisions of section 4, every application shall be presented to the court within the local limits of which-
(a) the debtor ordinarily resides or carries on business or is personally gainfully employed, or is arrested or detained in prison, or
(b) where the debtor is not an individual, where his principal or registered office is situated
15 Every application under this Act shall be in writing and shall be signed and verified in the manner prescribed in the Civil Procedure Code for signature and verification of plaint.
16 (1) Every application presented by the debtor shall contain the following particulars, namely:-
(a) a definite statement to the effect that the debtor is unable to pay his debts;
(b) generally the place where he resides or carries on his business or is personally engaged in any gainful activity or, if he is arrested or imprisoned, the place where he is in the custody of any person, or, if the debtor is not a sole proprietor, full particulars of the place where his principal or registered office is situated;
(c) the court which ordered his arrest or imprisonment or attachment of his property, and the decree or judgment in pursuance of which any such order was passed, a description thereof;
(d) the amount, particulars and the names and addresses of the creditors concerned, of all pecuniary claims raised against him, so far as he knows or can with reasonable care or endeavour;
(e) the following particulars including the amount and details of all his property:-
(b) the value of all such property other than money;
(a) a description of the place or places where such property is to be found;
(e) a declaration to the effect that he is willing to surrender to the Court all his property including accounts;
Provided that, in the case of the debtor, his exempted property, if any, shall not be covered by such assignment;
(f) a statement as to whether the debtor has at any time previously presented any petition or application for the purpose of being declared bankrupt in Bangladesh or elsewhere and if any such petition or petition has been presented—
(b) whether the said application or petition has been rejected or not and if so, the reason thereof; or
(a) if he has been declared insolvent thereby, a brief account of his said insolvency together with a statement to the effect whether any previous declaration of insolvency made in respect of him has been revoked and, if so, the reason thereof.
17 No petition shall be withdrawn without leave of the court, whether filed by the debtor or the creditor.
18 Where two or more petitions are presented against the same debtor, or separate petitions are presented against a joint debtor, the Court may, subject to such conditions as it thinks fit, consolidate all the proceedings based on such petition or any number of them.
19 If a creditor fails to take action on the petition presented by him with due diligence, the court may substitute any other duly qualified creditor in its place.
20 On the death of the debtor for or against whom the petition is filed, the proceedings based on the petition shall continue for so long as is necessary for the purpose of recovery and distribution of the property of the said debtor, unless the court orders otherwise by showing cause in writing.
21 The procedure prescribed in the Code of Civil Procedure for the admission of applications shall, so far as applicable, be followed in respect of applications presented under this Act:
Provided, however, that if any different procedure is prescribed in this Act and the Rules, the same shall be followed.
22 (1) If an application is accepted, the court shall make an order fixing a date for hearing it, which date shall be within 60 (sixty) days after the date of the order.
23 (1) In passing an order fixing a date for the hearing of an application filed by a creditor, the court may appoint an interim receiver for the debtor's property or any particular part thereof, and shall ordinarily make such appointment on an application filed by the debtor; and direct the receiver not to immediately take possession of the said property; And in view thereof the receiver may, subject to the direction of the court, exercise the powers exercisable by any receiver appointed under the Code of Civil Procedure and including any powers mentioned in sections 65, 66, 67, 68 and 71 of this Act.
24 (1) At any time before passing the order fixing the date of hearing of the petition or passing the declaration of bankruptcy, the court may, on its own initiative or on the application of any creditor, pass any one or more of the following orders, namely:-
(a) an order may be made to any debtor other than a sole debtor that the said debtor shall, within such time as the Court may fix, nominate a single person as his representative and such person shall be called the responsible officer, and if the debtor fails to make such nomination, the court shall appoint one or more persons to be the responsible officer who is or are a partner or director or chief executive of the activities or business of the said debtor, to be called Be that as it may;
(b) order the debtor or, as the case may be, the officer in charge, to collect any property, to do or refrain from doing any necessary transaction, to appear at any relevant meeting or hearing or to take any other action or to file a report in respect of any such property as the court thinks fit;
(c) order the debtor or, as the case may be, the responsible officer to furnish reasonable security for the purpose of securing the appearance of the debtor until the petition is dismissed or the declaration of bankruptcy is made, and in default of such security direct him to be detained in civil prison;
(d) ordering the physical attachment by way of writ of garnishment of all or part of the property, including accounts receivable, in the possession or control of the debtor, other than exempt property, if any;
(e) if the debtor or, as the case may be, the officer in charge fails to comply with any order made under clause (b) or (c), order him to be arrested, with or without bail, and to detain him in civil prison until the petition is dismissed or a declaration of bankruptcy is made, or to release him on reasonable and necessary conditions of bail;
Provided thatno order shall be made under clause (d) or (e) unless the Court is satisfied that the debtor or the officer concerned has failed or delayed the claim of any of his creditors or evaded the warrant or notice of the Court—
(b) is absconding or has gone beyond the local jurisdiction of the Court, or has absconded or has gone beyond the said limits or is staying outside the said limits, or
(a) fails to disclose or conceals or destroys or transfers or removes from the local jurisdiction of the Court any such property, other than exempt property, or any document relating thereto, which may be of use to the creditors or the court during the hearing of the petition or the debtor's bankruptcy, or causes any such act to be done.
25 (1) When the order fixing the date of hearing of the application is passed and at any time thereafter as directed by the court or the receiver it shall be the duty of the debtor-
(a) render all his accounts;
(b) produce a list of his assets, a list of his creditors and their debts and a list of his debtors and their debts;
(c) appear to answer the interrogatories of a court or receiver;
(d) executing the necessary documents in respect of his property;
(e) perform all other functions generally required
26 (1) If a debtor is arrested or detained in prison in the execution of a decree relating to the payment of money passed by a court, the court may, at the time of passing the order fixing the date of hearing of the application or at any time thereafter, order the release of the said debtor subject to such conditions as it considers reasonable and necessary.
27 (1) On the presentation of an application by a duly qualified creditor, the debtor may, within the date fixed by the Court, but before the date of hearing of the application, submit in writing any objections he has to the said application; and the Government may, if necessary, prescribe the form of such objection by rule
28 (1) An application filed by a creditor shall be dismissed by the Court if—
(a) the court is not satisfied with the proof of the following matters, namely-
(b) the right of such creditor to file an application;
(a) service of notice of order fixing the date of hearing of the application on the debtor under section 22(2); And
(e) the alleged bankruptcy action; or
(b) the debtor may satisfy the court that,—
(b) he is able to pay his debts;
(a) he is not a willful defaulter; or
(c) the court is satisfied that it is not expedient to grant a declaration of bankruptcy for any other reason
Explanation- In this sub-section “voluntary defaulter” means a debtor who, after the issuance of a formal demand, has, for a period of one year, kept a bank-loan in default of at least Rs.5,00,000.00 (five lakhs).
29 (1) If an application filed by a creditor is dismissed under section 28(1) and if the court is satisfied that the application was frivolous or vexatious, the court may, on the application of the debtor, award to the debtor an amount not exceeding Rs. may order the creditor and the compensation shall be recovered in the same manner as a fine
30 (1) If any application is not dismissed, the Court-
(a) issue a declaration of bankruptcy; And
(b) in the case of a single debtor, in the said order—
(b) fix the date on which the discharge of the debtor shall first be considered under section 47(3), and specify that by that date the debtor may apply for his discharge, if the debtor himself has not applied;
(a) shall further state that the debtor may appeal under section 96 against the said declaration after submitting to the court an amount determined by the court, which shall not be less than ten percent of the amount claimed by the eligible creditors.
31 (1) If a declaration of bankruptcy is granted, the bankrupt shall render every assistance to the court in order to recover his subject property and distribute it among his creditors in accordance with the provisions of this Act.
32 Notwithstanding anything contained in any other provision of this Act, the possession of the following property of a single debtor shall not be taken under section 23 or vested in a court or receiver under section 31 and such property shall be called exempt property, namely:-
(a) machinery, which the debtor himself uses;
(b) clothing, household utensils and other similar necessaries for the use of the debtor, his wife or, as the case may be, husband and children;
(c) the debtor's (unmortgaged) residence or residence, the floor area or floor area of which does not exceed 2,500 square feet in aggregate on one or more floors in urban areas, and not more than 5,000 square feet in aggregate on one or more floors in other areas:
Provided thatthe total value of the goods mentioned in clauses (a) and (b) shall not exceed Rs.3,00,000.00 (three lakhs).
33 (1) Notwithstanding anything contained in any other law for the time being in force, if any suit or other proceeding relating to a claim for money or any other property is pending in any court against any debtor, if such court finds evidence that a declaration of bankruptcy has been made against the said debtor under this Act, the said court shall transfer the said suit or proceeding to the court granting the declaration:
Provided, however, that if any appeal or revision arising out of such suit or other proceedings is pending in any superior court, the said superior court shall transfer the appeal or revision to the appellate court mentioned in section 96.
34 (1) The court shall cause a notice to be issued in the official gazette and in such other manner as may be prescribed by law, and the notice shall state the name, address and identity of the bankrupt, the date of issuance of the notice, the time limit for filing the debtor's discharge application and the name of the court issuing the notice, and the court may include any other information in the notice.
35 (1) An insolvent debtor may apply to the Court for security against his arrest or detention for any of his debts, and the Court, if it deems it necessary to give notice to any creditor, may, in its discretion, make such protective order as may be necessary for the security of the said debtor, by giving notice in the proper manner and giving the creditor concerned a reasonable opportunity of being heard.
36 (1) If the number of eligible creditors exceeds ten, the court shall order the receiver to form a creditors' committee in the manner prescribed by the rules or in the absence of such rules, and the committee shall consist of not more than five members as may be prescribed by the court.
37 After the declaration of bankruptcy, on the application of the creditors' committee or the receiver or any creditor, if the court has reasonable grounds to believe that the debtor or, as the case may be, the officer in charge has absconded or gone outside the local jurisdiction of the court for the purpose of evading any obligation imposed or imposed on him under this Act, the court may issue a warrant for his arrest. may, and if he appears or is brought before the Court, if the Court is satisfied that he is absconding or has gone away for the said purpose, it may order his release on bail on such terms as may be reasonably necessary or, failing such bail, order his detention in civil prison for a term not exceeding three months.
38 (1) When a declaration of bankruptcy is granted, every person claiming a debt provable under this Act against the bankrupt shall, in such form as may be prescribed by law or prescribed by the Court, present a summary statement containing the amount and particulars of the debt claimed and the necessary evidence in support thereof, and the Court shall, by order, determine all persons proving such debt and the amount of their debts and make a schedule containing the particulars of such persons and their debts. will:
Provided that, subject to the provisions of section 39(1), if in the opinion of the court it is not possible to determine the amount of any debt fairly, the court shall make an order to that effect and the said debt shall not be included in the said schedule.
39 (1) Any unliquidated claim shall be provable under this Act, unless the Court otherwise orders, except any debt which is not included in the schedule made under section 38 because it is not possible to ascertain the proper value, and any unliquidated claim arising out of any contract or breach of trust.
40 In cases where, in the opinion of the court, it is not proper to declare a debtor bankrupt, or where it is proved to the satisfaction of the court that the debts of the said debtor have been paid in full, the court shall, on the application of the debtor or any other interested person, cancel the said declaration by a written order; and the Court may, on its own initiative or on the application of the receiver or any creditor, also set aside any such declaration of bankruptcy which has been granted on the application of any such debtor who is not entitled to petition under the provisions of section 13(2).
41 In any case, after issuing the declaration of bankruptcy, if it is proved in the court issuing the said order that there is a pending bankruptcy related or other similar proceedings against the same debtor in any other court in Bangladesh or outside of Bangladesh and the property of the debtor can be distributed more conveniently through the said other court, then the court can cancel the said declaration or suspend all related proceedings.
42 (1) If any declaration of bankruptcy is revoked, all the acts performed by the court or, as the case may be, the receiver debtor's property before the said revocation, the sale or other disposal of the debtor's property, including the payment of any sum due, shall be valid, and subject to such validity, the property of the bankrupt debtor shall be vested in a person appointed by the court, or, if such person is not appointed, any conditions prescribed by the court. Subject to this, the debtor's right and interest in the said property shall revert to the debtor.
43 (1) If any debtor, after the declaration of bankruptcy, presents a composition proposal for the discharge of his debts or a proposal containing a scheme of arrangement for that purpose, hereinafter referred to in this Chapter as a proposal, the Court shall fix a date for the consideration of the proposal and in connection therewith all creditors in such manner as may be prescribed by law and in such manner as may not be prescribed by law. If so, the Court shall give such notice as the Court may think fit, and direct the receiver to prepare and submit a report within the prescribed time on the practicability of the proposal; And then the receiver will submit the said report with his specific opinion
Provided that, for the purposes of this sub-section, reasonable security shall be deemed to have been given if 15% to 65% of all dues due to unsecured creditors and 25% to 75% of all dues due to bank loan creditors, as determined by the court, are furnished:
Provided further that in determining the said reasonable security, the court shall consider the following circumstances relating to the debtor's debt, namely:-
(a) if the debtor is the victim of a cause wholly beyond his control, the extent of such cause;
(b) if the debtor has accepted money for financing any enterprise, the degree of risk involved with the said enterprise;
(c) Whether the conduct of the debtor is unconscionable or unethical
44 If any proposal under section 43 is approved—
(a) the Court shall, by an order, prescribe the terms of the sanction;
(b) the court shall specify in the said order the cancellation of the declaration of bankruptcy and the provisions of section 42 shall apply to such cancellation; And
(c) An approved compromise or scheme of arrangement shall be binding on all creditors in respect of all debts due to the debtor and provable under this Act.
45 (1) If the debtor fails to pay any installments in accordance with the approved plan of compromise or reorganization, or if it appears to the Court that the said plan of compromise or reorganization cannot be implemented without injustice or undue delay to the creditor, or if the approval of the Court has been fraudulently obtained therefor, then the court may, if it considers it appropriate having regard to the existing circumstances, re- declare bankruptcy and cancel the plan of compromise or reorganization, but this shall not invalidate any transfer or payment or anything else duly effected pursuant to the plan of compromise or reorganization.
46 (1) At any time before or after the declaration of bankruptcy, an eligible debtor may apply to the Court for reorganization of his debts and in such application shall submit a plan of reorganization together with the reasons for the reorganization.
Provided thatthe court may permit a secured creditor to take possession of such property, if the court is satisfied that his interest in the said property has not been properly protected during the pendency of the reorganization or the debtor has no other equity in the said property;
(f) the receiver shall be entitled to receive fees at the rate prescribed in section 66;
(g) the receiver shall, within such time as may be prescribed by law or, in the absence of such law, within such time as may be prescribed by the Court, constitute a creditors' committee consisting of not more than seven members; However, the members should be such creditors that their dues are unsecured and maximum in amount and they are willing to be included as members in the committee.
47 (1) The Court may make an order of discharge in respect of any individual bankrupt, and by such order the bankrupt shall be discharged from all claims, debts and liabilities provable under section 39, unless the order specifically provides otherwise.
48 (1) On the hearing of an application filed under section 47(5), the Court shall—
(a) direct the receiver to prepare and file a report on the conduct of the debtor including his general conduct and activities during the pendency of the insolvency proceedings;
(b) may, in consideration of the report, grant or refuse an order of unconditional discharge or may order the discharge subject to any condition as to any income or gain received or accruing by the debtor subsequent to the grant of the order of discharge.
Provided thatthe court may order the lifting of the stay subject to the deposit by the debtor to the court of at least 50% of the total debt recorded in its records.
49 (1) If—
(a) the debtor fails to appear on the date fixed under section 30(1) (b) (a) or, subject to the provisions of section 50(1), on any later date fixed by the Court, for the hearing of his discharge, or
(b) the debtor does not present his application for discharge before the date fixed under section 50(1), or
(c) if, after hearing such application of the debtor, the court decides that it would not be appropriate to grant an order of discharge;
If so, the court shall issue an order declaring the said debtor to be insolvent
50 (1) Where any declaration of bankruptcy is granted,—
(a) the bankrupt shall, within 60 (sixty) days after the date of the said order, apply to the Court, for his discharge;
(b) if the application is made within the said period, the court shall, within 30 (thirty) days after the expiry of the said period, fix a date for hearing the application and give notice thereof to the receiver and the creditors recorded in the court records, in the manner prescribed by the rules or in the absence of such rules, in such manner as the court thinks fit;
(c) the Court may, after giving reasonable opportunity of being heard to the parties concerned in attendance, make an order of discharge of the insolvent;
(d) Unless an order of discharge is granted, the debtor shall remain a liable insolvent.