Rescue, Rehabilitation and Insolvency (Corporate and Personal) Act 2026 · As enacted · Part XII
363. Order to enforce liquidator’s or provisional liquidator’s duties
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
In this section, “failure to comply”, with respect to a liquidator or provisional liquidator, means a failure (by act or omission) by the liquidator or provisional liquidator, as the case may be, to comply with a duty arising –
Rescue, Rehabilitation and Insolvency
under this Act or any other written law; or
under any order or direction of the court, except an order to comply made under this section, and “comply” shall have the corresponding meaning.
On the application of a person referred to in subsection (3), and where the court is satisfied that there is or has been a failure to comply, the court may –
without prejudice to any other right or remedy that may be available in relation to a breach of duty, order the liquidator or provisional liquidator, as the case may be, to comply with the applicable duty so far as may be specified in the order; or
relieve the liquidator or provisional liquidator, as the case may be, of the duty to comply with the applicable duty, wholly or in part.
Any of the following persons may make an application to the court under subsection (2) :-
a receiver;
a creditor;
a contributory;
any other person with an interest in the company;
an administrator or deed administrator;
the Registrar; or
the Authority.
No application may be made under subsection (2)
unless notice of the failure to comply has been served on the liquidator or provisional liquidator, as the case may be, at least ten working days before the application and, as at the date of the application, there is a continuing failure to comply.
Rescue, Rehabilitation and Insolvency
A copy of every order made under paragraph (a) of subsection (2) shall, within five working days after the making of the order, be sent by the court to the Authority.
Part XIII
Part XIV