56 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
of the limitation laid down by the law, so that the right to sue may practically be deemed to have occurred when the annulment has taken place. Anyhow the period will not serve as an additional bar to any delay or lapses that might have occurred on the part of the person who has the right to sue.
Now, clauses 6 is merely clause 2 of the Bill. All that it does is this, that it introduces the same proviso in the Provincial Insolvency Act, so that even under the Provincial Insolvency Act, if the period of three months for filling the petition falls on the day on which the Court is closed, it would be open for a party to file the petition on the day when the Court re-opens.
Then, the last clause also amends the Provincial Insolvency Act. Under the present law, it is provided that along with the order of the adjudication, the Court also fixes the date for the discharge of the petitioner and he is required to appear on the day on which the date is fixed for his discharge. Now, the words are “He shall appear and the court, if he does not appear, shall” take a certain action, as stated therein. The section so far as the wording is concerned, is mandatory, but curiously enough the Courts have interpreted ‘shall’ as ‘may’ making it discretionary. It is felt that probably the Courts have really carried out the intention of the Legislature in treating ‘shall’ as ‘may’. Similarly, the Presidency Towns Insolvency Act has also the word ‘may’ and not ‘shall’. Therefore, this amendments proposes to accept the decision or the interpretation of the Court and substitute ‘may’ of ‘shall’. These are all the clauses in the Bill.
I might say that these amendments are very much overdue. These amendments were suggested a long time ago, in fact before the War, but it was not possible to undertake any legislation while the war was there. Consequently, there has been this delay. I might tell the House that these amendments have been approved by the Provincial Governments and the Provincial Governments, have also stated that although the subject of insolvency falls in the Concurrent list, it is desirable these amendments should be made by a law made by Parliament, so that they may be uniform throughout the