Section 69 of Insolvency Act CAP 53: Discharge or transfer of indenture of apprenticeship or articles of agreement on bankruptcy of employer

    

(1) If a person is apprenticed or is an articled clerk to an employer who is adjudged bankrupt, either of them may give notice to the bankruptcy trustee or the Official Receiver requesting that the indenture of apprenticeship or articles of agreement be discharged.
(2) On receiving a notice under subsection (1), the bankruptcy trustee or Official Receiver shall discharge the indenture of apprenticeship or articles of agreement, but only if satisfied that it would be in the interests of the apprentice or clerk to do so.
(3) If money has been paid to the bankrupt by or on behalf of the apprentice or clerk as a fee, the bankruptcy trustee may, on the application of the apprentice or clerk, or of the agent of the apprentice or clerk, pay from the bankrupt's estate such amount as the trustee considers reasonable to or for the use of the apprentice or clerk.
(4) In deciding whether to make a payment under subsection (3), the bankruptcy trustee shall take into consideration—
(a) the amount paid by or on behalf of the apprentice;
(b) the time during which the apprentice or clerk served with the bankrupt under the indenture or articles before the commencement of the bankruptcy; and (c) any other relevant circumstance.
(5) On the application of any apprentice or articled clerk to the bankrupt, or an agent of the apprentice or articled clerk, the bankruptcy trustee or Official Receiver may, instead of acting under subsection (2), transfer the indenture of apprenticeship or articles of agreement to some other person.
(6) Subsection (5) is subject to section 12 of the Industrial Training Act (Cap. 237).
(7) Any person dissatisfied with a decision of the bankruptcy trustee under subsection (3) may apply to the Court for an order quashing or varying the decision.
(8) On the hearing of an application made under subsection (7), the Court may make the order sought by the applicant or such other order as it considers appropriate.


Disclaimer: This document is not to be taken as legal advise.

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