BODIES CORPORATE (OFFICIAL LIQUIDATIONS) ACT - 1963 (ACT 180)

Section - 53 - Power to Arrest Absconding Persons

(1) Where an order for the winding up of a company has been made and before the completion of the liquidation it appears to the Court that the proceedings of the winding up are or may be impeded by reason that a member or contributory, an officer of the company or any other person whom the Court considers likely to help in the successful completion of the liquidation or whose conduct is impeding or may impede the winding up,

(a) has absconded or is likely to do so,

(b) has removed, concealed, destroyed or damaged any property or is likely to do so, or

(c) is likely to fail to attend as required before the Court, the liquidator or any meeting of creditors,

then without prejudice to its powers in relation to contempt of court, the Court may issue a warrant for the arrest of any such person or the seizure of the property in question or for both such arrest and seizure.

(2) Where a warrant of arrest is issued under this section the provisions of the Criminal Procedure Code, 1960 (Act 30) relating to arrest shall apply in the same way as they apply to arrest for a criminal offence; and any person arrested under such warrant may, for the purposes of the winding up proceedings, be conveyed in custody to any hearing by the Court or the liquidator or to any meeting of creditors.

(3) Property seized under this section shall be dealt with as the Court may direct, so however that property which does not belong to any such person and is not likely to be subject to the powers of the liquidator shall be returned to its owners as soon as is practicable.