Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 94

Attachment of property of persons absconding

94.
(1) The court may after issuing a proclamation under the last preceding section order the attachment of any property, movable or immovable or both, belonging to the proclaimed person, whether such property be within the jurisdiction of such court or not.
(2) If the property ordered to be attached be debts or other movable property, the attachment under this section shall be made-
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods as the court thinks fit.
(3) If the property ordered to be attached be immovable, the attachment under this section shall be made through the Government Agent or Assistant Government Agent of the district in which such property is situate-
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods as the court thinks fit.
(4) The powers, duties, and liabilities of a receiver appointed under this section shall be the same as those of a receiver in a civil proceeding.
(5) If the proclaimed person does not appear with\in the proclamation, the property under attachment shall be at the disposal of the Minister, but it shall not be sold until the expiration of six months from the date of the attachment unless it is subject to speedy and natural decay or the court considers that the sale would be for the benefit' of the owner, in either of which cases the court may cause it to be sold whenever it thinks fit.
(6) Notice of every such order of attachment of immoveable property shall be forthwith given by the court making the same to the Registrar of Lands for the district in which such property is situate, who shall forthwith register the same, and no such order shall take effect until the same is registered under the provisions of the Registration of Documents Ordinance.
(7) In the case of the sale of immovable property the conveyance to the purchaser shall be executed by the Government Agent or the Assistant Government Agent of the district in which suck property is situate, and a conveyance so executed shall vest such property in the purchaser in like manner as if such conveyance had. been executed by the proclaimed person.
(8) If within one year from the date of the attachment any person whose property is or has been at the disposal of the Minister under this section appears voluntarily or is apprehended and brought before the court by whose order the property was attached and proves to the satisfaction of such court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or if the same has been sold the net proceeds of the sale or if part only thereof has been sold the net proceeds of the sale and the residue of the property, shall after payment of all costs incurred in consequence of the attachment be delivered to him.


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