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srilawsby aturio
As enacted
Contents

Part VI

119. Seizure of property of bankrupt

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

At any time after a Bankruptcy Order has been made, the court may, on the application of the Official

Receiver or the Bankruptcy Trustee, issue a warrant authorising the Official Receiver, the Bankruptcy Trustee, or an agent of such parties as authorised by the court, to seize any property comprised in the Bankruptcy Estate, or any books, papers or records relating to the Bankruptcy

Estate which are, in the possession or under the control of the bankrupt debtor or any other person who is required to deliver the property, books, papers or records to the

Bankruptcy Trustee.

(2)

A warrant issued under subsection (1) may direct that the Bankruptcy Trustee shall be provided with reasonable access to the physical and electronic mail of the bankrupt debtor, where required for the performance of the functions of the Bankruptcy Trustee and the administration of the

Bankruptcy Estate.

(3)

Any person executing a warrant under this section may, for the purpose of seizing any property comprised in the Bankruptcy Estate or any books, papers or records relating to the Bankruptcy Estate, break open —

(a)

any premises where the bankrupt debtor is or anything that may be seized under the warrant is or is believed to be; and

(b)

any receptacle of the bankrupt which contains or is believed to contain anything that may be so seized.

(4)

If, after a Bankruptcy Order has been made, the court is satisfied that any property comprised in the

Bankruptcy Estate, or any books, papers or records relating

Rescue, Rehabilitation and Insolvency to the Bankruptcy Estate are concealed in any premises not belonging to the bankrupt debtor, the court may issue a warrant authorising any police officer or officer of the court to search those premises for the property, books, papers or records.

(5)

A warrant under subsection (4) shall not be executed except in accordance with its terms.

(6)

Procedures for the execution of a warrant issued under subsection (4) may be as prescribed.

Read on from s 120

Part VII

Personal Insolvency Register

Read on from Part VII

Part VIII

Read on from Part VIII

Part IX

Read on from Part IX

Part X

Compromises

Read on from Part X

Part XI

Micro Small Medium Enterprise (MSME) Company Debt Restructuring Arrangements

Read on from Part XI

Part XII

Read on from Part XII

Part XIII

Read on from Part XIII

Part XIV

Cross - Border Insolvency

Read on from Part XIV

Part XV

Read on from Part XV

Part XVI

Read on from Part XVI

Part XVII

Read on from Part XVII

Schedules