Continuance of proceedings in the event of death or insolvency

Section 10P of the Export (Quality Control and Inspection) Act, 1963 deals with continuance of proceedings in the event of death or insolvency. Where a penalty has been imposed by the adjudicating authority and-- (a) no appeal against the order imposing such penalty has been preferred to the Appellate authority and the person entitled to file such appeal dies or is adjudicated an insolvent before the expiry of the period within which the ap The Act came into force on 01 Jan 1964.

¹[10P. Continuance of proceedings in the event of death or insolvency.--(1) Where a penalty has been imposed by the adjudicating authority and--

(a) no appeal against the order imposing such penalty has been preferred to the Appellate authority and the person entitled to file such appeal dies or is adjudicated an insolvent before the expiry of the period within which the appeal can be preferred; or

(b) an appeal has been preferred to the Appellate Authority against the order imposing such penalty but the appellant dies or is adjudicated an insolvent during the pendency of the appeal,

then, it shall be lawful for the legal representatives, of such person or the Official Assignee or the Official Receiver, as the case may be, to prefer an appeal to the appellate authority or, as the case may be, to continue the appeal before the Appellate authority, in place of such person and the provisions of section 10M shall, so far as may be, apply or continue to apply to such appeal.

(2) The powers of the Official Assignee or the Official Receiver under sub-section (1) shall be exercised by him subject to the provisions of the Presidency-towns Insolvency Act, 1909 (3 of 1909), or the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be.]

Section 10P, The Export (Quality Control and Inspection) Act, 1963 (Act 22 of 1963).