Malaysia legislation

Section 44

of INSOLVENCY ACT 1967

Section 44

(2)

If any money has been paid by or on behalf of the apprentice or clerk to the bankrupt as a fee, the Director General of Insolvency may, on the application of the apprentice or clerk or of some person on his behalf, pay such sum as the Director

General of Insolvency, subject to an appeal to the court, thinks reasonable out of the bankrupt’s property to or for the use of the apprentice or clerk, regard being had to the amount paid by him or on his behalf and to the time during which he served with the bankrupt under the indenture or articles before the commencement of the bankruptcy and to the other circumstances of the case.

Act 360

(3)

Where it appears expedient to the Director General of

Insolvency he may, on the application of any apprentice or articled clerk to the bankrupt, or of some person on his behalf, instead of acting under subsection (1) or (2) transfer the indenture of apprenticeship or articles of agreement to some other person.

(4)

Where at the date of the bankruptcy order any person is in the employment of the bankrupt who came to Malaysia for the purpose of entering into such employment either—

(a)

under any contract to serve the bankrupt for a period of not less than one year, which period has not elapsed three months before the date of such order; or

(b)

under a contract either absolutely or conditionally that such person shall be provided with a passage to another country on the determination of his employment, and such person has not obtained other employment and is desirous of leaving Malaysia, the court may, if it seems just and expedient under all the circumstances of the case, direct the Director General of Insolvency to provide for such person such passage as he is entitled to under the contract, or if he is not so entitled then a suitable passage to the country whence he came for the purpose of entering into such employment, or in either case any other not more costly passage which such person may desire.

Power to landlord to distrain for rent