166.
| (1) Where from any report made under the provisions of section 165 it appears to the Registrar that any person has, in relation to the company or to any other body corporate whose affairs have been investigated by virtue of the provisions of section 163, been guilty of any offence for which he is criminally liable, the Registrar shall if it appears to him that the case is one in which the prosecution ought to be undertaken by the Attorney-General, refer the matter to the Attorney-General. |
|
| (2) Where in any matter referred to the Attorney-General under the provisions of subsection (1) the Attorney-General considers that the case is one in which a prosecution ought to be instituted, he shall institute proceedings accordingly, and it shall be the duty of all officers and agents of the company or other body corporate as aforesaid, as the case may be, (other than the defendant in the proceedings) to give him all assistance in connection with the prosecution which they are reasonably able to give and the provisions of subsection (5) of section 164, shall apply for the purposes of this subsection as they apply for the purposes of that section. |
|
| (3) Where, in the ease of any body corporate liable to be wound up under this Act. it appears to the Registrar from any report made under the provisions of section 165 that it is expedient so to do by reason of any such circumstances as are referred to in sub-paragraph (i) or sub-paragraph (ii) of paragraph (b) of section 162, the Registrar may, unless the body corporate is already being wound up by the court, present a petition for it to be so wound up if the court thinks it just and equitable that it should be wound up or a petition for an order under section 210 or section 211, or both such petitions. |
|
| (4) Where from any report made under the provisions of section 165, it appears to the Registrar that proceedings ought in the public interest be instituted by the body corporate to which such report relates for the recovery of damages in respect of any fraud, misfeasance or other misconduct in connection with the promotion or formation of that body corporate or the management of its affairs, or for the recovery of any property of the body corporate which has been misapplied or wrongfully retained the Registrar may himself institute proceedings for that purpose in the name of such body corporate. |
|
| (5) The Registrar shall indemnify the body corporate against any costs or expenses incurred by it in or in connection with any proceedings instituted under the provisions of subsection (4). |
|
|
Sri Lanka Consolidated Acts