Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 61

Attachment of property of person absconding

61.
(1) The court may after issuing a proclamation under section 60 order the attachment of any property, movable or immovable or both, belonging to the proclaimed person.
(2) Such order shall authorize the attachment of am property belonging to such person within the local jurisdiction of the court by which it is made, and it shall authorize the attachment of any property belonging to such person situated outside the jurisdiction of that court when endorsed by a Magistrate within whose jurisdiction such property is situate.
(3) 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 anyone on his behalf ; or
(d) by all or any two of such methods as the court thinks fit.
(4) 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 anyone on his behalf; or
(d) by all or any two of such methods as the court thinks fit.
(5) The powers, duties, and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed in a civil proceeding.
(6) If the proclaimed person does not appear within the time specified 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.
(7) Notice of every such order of attachment of immovable 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.
(8) 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 such 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.


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