ACT No. X of 1982 AN ACT 10 pro .. id~ for IIIl: eJlablishmcltl of (hc ollke of Public Curalor.
Table of Provisions (13)
Statutory Text (13 Provisions)
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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