Remuneration
Full Text
The Court may by general or special order fix the amount to be paid as remuneration for the services of the receiver.
Plain English Summary
Empowers the court to determine and fix the remuneration payable to the receiver, either as a monthly fee or as a percentage commission on collections, charged upon the property or its income.
Key Legal Elements
- Judicial Determination: Court has exclusive discretion to determine quantum of remuneration.
- Modes of Remuneration: Fixed periodic salary, lump-sum retainer, or percentage commission on gross rental/profit realizations.
- First Charge on Estate: Receiver's fees and administrative outgoings form a first charge on the estate's income ahead of party claims.
- General or Special Order: Can be fixed in the initial appointment order or revised periodically based on complexity.
Practical Note
Fixation and Priority of Receiver's Fees: 1. Priority in Payment: A receiver's taxed remuneration and legitimate management out-of-pocket expenses take priority over the claims of both the plaintiff and the defendant, and are reimbursed directly from the rental income or assets under administration. 2. Non-Gratuitous Appointment: While advocates or senior court officials are often appointed for fees, in family partition disputes, the court may appoint one of the co-sharers as a receiver without remuneration (gratuitous receiver) subject to strict monthly rendering of accounts.
हिंदी पाठ
न्यायालय सामान्य या विशेष आदेश द्वारा रिसीवर की सेवाओं के पारिश्रमिक के रूप में संदत्त की जाने वाली राशि नियत कर सकेगा।