ACT No. X of 1982 AN ACT 10 pro .. id~ for IIIl: eJlablishmcltl of (hc ollke of Public Curalor.

I uscnl

(L.S.)

A GATHA B.o.JI.lI.UA

Praiden t

151 September. 1982

ACT No. X of 1982

AN ACT 10 pro .. id~ for IIIl: eJlablishmcltl of (hc ollke of Public

Curalor.

BE IT ENAcrED by the President. by and with the advice and

~onsent of tbe

House of Representatives. in this present Parliament

assembled. and by the authority of the same. as follows:-

I. This Act may be cited as tile Public Cunuor Act. 1982. a nd

sha ll come into force on such date as the Minister responsible for justice

may by notice in the Gazette appoint.

:z.. (1) There mall be a Publ ic Curator whose office shall be •

publ ic office. and wbo shall have the functions vCSted in him by or

under this Act.

(2) The Public Curator sball be appointed by the Prime

Mioi.ster. for such time and under such lenTIl . nd condi tions as !be

Prime: Minister may determine.

(3) No person shall be elitible for appointment as Public

Curator. unl~ he has atta ined the age of 25 )'nrs. and he is either

an officcr in the: public service Of is a pel'$Oll who in tbe opin ion of

the Prime Minister. having ~rd to his profICiency and uptriencc: in

administration of estates. is suitable to be so appointed.

(4) The Prime: Minist~r may appoint Iny public offlCCT or

such number of persons not being public officers as he may determine.

to be officers of the Public Curator fot such tillle and under such teoos

and conditions as the Prime: Minister may determine.

(SI Upon their appointment the: Pu blic Curator and the

off,ccr1 of the: Public Curator shall talr::e an oath to perform faithfully

and honestly all Ihe functions which Ihey may be required to pcrfooo

under this Act. The oath shall be taken before The Allorney Genen.J.

m Subject to and in accordance with the provisions of th is

Act. the functions heR-ioaftcr mentioned may be conferred on and may

be ~rformed by the Public Curator

(a) Ihe administration of estates;

(b)

testamentary cxecut~bip;

the execuliOll of wills to ,,'hiclt se<:tiOll 816 of the Civil

(c)

Code refers;

Id) the function of judicill 5equestrator reform! to in Sub-

Title III of Tille VI of Bool: Third of tbe Code of Organilatioll.

and Civil Procedure

(e) cul'lltorship tll. interdicted or ine.padl.led ~rsons.

absentees and vacant ioheritanees

(f) the examination of u(:OIInU of lutors. 4;uraIO .. and olher

admin istrators.

In the e~ereise of such functions Ihe Public Curator

(2)

shall have allthosc rightJ and be subject tn all thO$e obligations which

under any law are inherent IQ luch functions

Provided that the Public Curator sha ll be exempt from giving

any bond or other security JNior to or upon the vesting in him of any

function under this Aet

Provided further that a record of the property over which the

Public Curator exerc,!eS his funct;on:l shall be kepi hy the Public

Cul'lllor and on such record being made and nOl~ thereof given in thl

Gazette. the Public Curator shall nOI be bour.d 10 do any fUnher act

required by law in relalion 10 Ihe de$Cfipion of such property.

(3) (a) The Public Curator may authorise in writing any

of his officers to perform on his behalf any of Ihe functions vested in

him in accordan.e with the provisions of Ihis ACI;

(b) In the e~ercise of their duties and functions the

officers of the Public Curator Iball be responsible 10 the Public Curator.

(4) Without prejudice 10 any right competent to him under

any law. any person aggrieved by any aCI Or omission of lhe Public

Curalor in Ihe exercise of his fupction under Ihis Act. may. by applira-

lion, refer Ihe matter 10 Ihe Civi l Court, Se<:ond Hall, and the Cuurt.

aller hearing Ihe Public Curator. shall give such direction and ad"ice as

appears 10 the Court 10 be conduci~e to a practical and equitable

fIllutioll 10 Ihe matter.

(S) The accounts relating 10 the property over which the

Public Curator exercises hi' functions, together with a report of the

administration therwf, shall be rendered annually to such person Or

authority, at such times and in such manner as may be prescribed under

Ihis Act

Provided that in the case of property Over which nO p:rson

having an interest can be traced the Public Curator shall each year

make a report of the administration of such property to the Minister

responsible for i~tia. Such report 5ha!l include the accounts of tbe

administration COverilli a period of Iwelve months en ding on the 31st

D«t:mbcr. duly audited in terms of seotion 11 of this ACI. and shall be

laid on the Table of the Hou~e of Representatives by the said Minister

nOl. later than the J 1st day of March following the year to whioh the

report and aa;:ounts refer.

I II The Public Cunator ~ha ll ~ nominated. appointed. (,I' con·

firmed to JXtform his functions as ad ministr8lOr. executor. sequestrator

Of CUnllO, in n::1.uion to any properly =ndoned in the ;l1lllrUmeDl of

nomination. appoin lln<:nl or roJ]tirmalion, by any Court having jurif-

dictiun Of by an)' person. u the ca K m~ y be. in lile manner.as is, in

<)f under the prol'i~ion$ of the Code of Organ i0(3lion and CiVIl p~

.rure: or any other law. applicable to such funclion. in 10 far as such

provisions n e no( incompatible with the provisions of Ihis Act

Provided that the Public Clnalor shall be deemed 10 have

been confirmed n lestamCI1\.lry ueculor by the Second Hall. Civil

Coon on his fi!in~ a nOle in the registry of lhe said Court. d c(]arinll

Ihat he h2S acn:pled the Inwmcn tary c~«lIlorship.

(2) On the Publ k Curator undcrtaling by declaration pub-

lished in the Gaunt, 10 adm inister the property. w<:h Idministration

shall . by virtue of this Act and without the ne.:usity of any other for·

mality m:juiml by law. vesl in him.

(I) llIe Public Curalor may e ither absolutely or condilion·

ally decline 10 administer any property

Provided Ihat the Public CUrator may nOl decline any appoint.

ment by a Courl uooer this Act. unless the Civil Court. Second Hall.

on the application of the Public CUrator upon good cause bein~ sho"",.

5hall authorise him 50 10 do

Provided further that tt.., Public CuratQ r shall not 110 d«lincc.

or be 110 authorised to dec1incc. oole1y o n the ground Ihat the value of

the est.te to be adminisleml is small .

(2) The avil Court. Second Hall. may. on lhe application

made by the Publie Curator .t any time . flef his appointment. subliti.

tute any pe\'llOn for. or appoint any person jointly with. the Public

Curalor in the d ischar~e of a ll or any of hi! funClion5 in relation 10 any

property 5peo;iflCd in the deem: o f the Court.

(3) The Public Curator 5ha l1 nOI accept any a ppoinlment

whic h invoh es IIIe maDa~meDt or carrying on of a ny bwiness. c~ccpt

in tbe cases in which he may be authorised under Ihe regulatioDII made

under Ihi§ A ct. nor sh~l1 he accept the a dministration of any estate

which he has reasonable belief to be insolvent.

(4 ) The Public Curator 5hl 1l not accepl Ihe administralion

of .ny prOfJC:tly uclusively destined for religious or charitable purposes.

In the e xerc ise of h is function s under this Act. the: Public

C Ur.IOr shall act in tile best interests of the pcIWIl$ having a righ t in Of

over the properly placed under his control in accordanc<: with the prov;.

sions of Ihis Acl.

tU llIe fees ~yable for servi.cc:s performed under this Act f = p"y"bleto

, 11;111 be thO(C prescribed UDder !leCtion 17 of the A ct.

i21 Tile Publi<: Curalor sha ll collect SIKh fees o n hehalf o f

the Go..,rnmcnt.

$. (I) Any j)tTliOn havin, a n intercsl in an estale. the gross Admint>tf>tK>n

capiwl value of which is less Ihan ten thousand pOund~. may l pply to the ohmall .... re

Civil Court. Second Hall. 10 difeCl lha[ Ih~ adm; ~istrJtion o[such el;late

be vested in the Public Curator.

(2) Upon such applicalioo ,he Coort shall hear 'he Public

Curator. a nd shan. unless it has grave reason not 10 do w in the inte·

reil of the p;:rsons concerned. vest .he J' ublic Cumlor with the admini ..

lra.ion of the e.tale.

13) The Civil COiIrt. Scc()fld Hall. may, .... ithout judicial

proceedings. give Ic:we 10 the Public Curator 10 sc.ll Of otherwise

lmnsfer any property ~dministered by hi m.

(4) Any PCr'$OlI who, but for the decree of the Court ve&ting

the adminiSlrdtion in the Public Curator. would have been enti tled to

administer the estate, shall be discharged from an li.bili,y attaching \0

the administration e~ccpt in res~t of any liability incurred prior to tbe

deo::m:.

Any pel1lon performing any function which may. in accord·

ance wi\h the provisions of 5C(tion 3 of Ihis Act be conferr«\ on \he

Public Curator. notwithstanding that he has acted in the administration

of the estate. may. wilh the Roction of the Court. and after such notice

bei ng given to the persons beneficially interested. a~ the Court may

dim:;t. transfer the ~dm ini5tra t ion of .uch esTate to the Public Curntor

Provided Ihal the Court may direct that such estate be admi-

nistered by tile Public Curalor solely or jointly With the applicant aodlor

any other person.

Subject 10 the provisions of Ihi$ Act. the Public Cur~tor ma )

may'''' jo/1Il'y act either wlely or ;ninlly with any pcr$OII in any fUno;:lion which he

may be called to p::rform under this Act.

The accounts relating to property pLa • ..:d under the control

11 .

to ... • "". of the Public Curator .hall be subject 10 audit by the Director of Aud it.

jl) NotwilMrandilllt the prOvisions of ~tion 511 of Ihe

Code of Organization aoo Civil Proocdu", or of any other law. tile

examination of the accounts of tutors. curators or other administratol1l

shall be carried out by lhe Public Curator.

12) On completion of .uch c~am ination the Public CUf"~tor

shall dlllw up a report and <."e"rlify Wt the accounts show a troe pictn re

of the affairs of the administration or that such accoun ts are deficient

in .uch respeel a, may be specified in such certirlOlle.

I)) Such examilllltion may be made at any time the Publi,·

Curator deems fit aoo 5ha1l abo be made on the direction of the Court

or may be also made on the demand of any tutor. curator or other

administrator responsible for. Or of any ooner..:iary. having an inteICSI

in. lhe accounts 10 be uamined. even though sueh adminillralion may

ha.., commenced prior to the coming inlO force of thili Act.

L3. Tile Public Cura tor shall have the right or a = 10 the books

of accoun t and any other document pertaining to Tbe administf3tion

and may require from any tutor. curator or o\her adminutrator such

informatiOQ and uplanation I. may be necessary for the performaDCc

of his duties.

[f any perwn having the custody of any book Or accounts or foi/=,o

otber dOO;\lme:ntJ to which tbe Pub[;'; Curator has a right of .e~ under proofuc<

Ihis Act. fail~ to prodocc \0. or rdu!ieS 10 allow. tbe Public CUrator 10 document<

have ae<:c:Ss thereto or in any olher way hinders lI n examin.alioD. tbe

Public Curator may apply \0 the Civil Court. 5c<;ond Hall. and !lItre·

upon !he Court sllall make such order as it deems fit to enforce the

Public CUrator's fliha. Failure 10 abide by the deer« ,iV(:n by the

Coun shall amount to contempt of rou" and shall b«ome: punisllable

as such,

Any per.lOll ilavillJ! an ;nte, .. ' in any properly placed undt. in,=,od

the control of the Publ ic Curator shall, sub~1 to any rt'su latioo made pe!"""~-'

undu Ihi5 Act . be entitled at all reasonable . i!MS \0 inspect and take ~"o;".poc1

copies of the accounts relating 10 such properly, and, upon the payment >COO\Iil". elc

of such fees as may be prescribed, to be furnished with copiel thereof or

utracu tl\erefrom.

Unless the ~ct oonslitutes ~ glavcr offence under any other Off,tlceund

luw. any person who in any document. intended for the Public Curator. potW';..

knowinJly makes a false dedaration or statement, or gives false infor·

ma tion $bIll be guilty of an offence and shall be liable. on conviction.

to im pri50lHn"nt for a term not n~ing l il mOnthl or to ~ fine

(mu/ta).

T he Minister responsible for justice may ma~e regulations P"w"",,,moI...,

for p~ribing -

(a) the feel payable to the Public CUrator for SCT\lices

performed under thil Act ;

IbJ

any1hinlthal may be prescribed under Ihis Act;

(cl I!l., manllCr in which property wdmini:llered by the Publ ic

CUnuor Or any Other ~dministralor. is 10 be offe...-d for ""le or

any other form of transfer; and

(d) in ~neral, for securing (he better carrying OUt of any of

the provisions of this Ac t.

Passed by the House of Represent.a livcs at Sillinll No. 41 of the lOth August.

1982. D ,\I',rn M IQO.LLEF

Speu/i:er

C. Mn·SUD

0{ R~eS{'"t/lliws

C/n/.. to tire HOII"

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