69 Restraint order

(1) The Court may by an order (hereinafter referred to as “restraint order”) prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order.
(2) Without prejudice to the generality of subsection (1), the Court may, if it thinks fit make a restraint order and may also make provision for living expenses and legal expenses of the person against whom the restraint order is made, where the Court considers it essential to do so.
(3) A restraint order shall apply to—
(a) all realisable property held by a specified person or persons, whether the property is described in the order or not; and
(b) realisable property held by a specified person or persons, who holds the property after issuing the restraint order under subsection (1).
(4) A restraint order shall be made on an application by the AttorneyGeneral or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles, and after giving notice of the application to the persons being affected by the order and an opportunity to being heard on such application is given to such persons, before passing any restraint order. (Amended by Act 62 of 2021)
(5) A restraint order—
(a) may be vacated or varied in relation to any property; and
(b) shall be vacated at the conclusion of the proceedings or on an application by the affected party under subsection (6).
(6) An application for the discharge or variation of a restraint order may be made by any person affected by it and in such case, the notice of any such application and an opportunity to being heard, shall be given to the AttorneyGeneral or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles, before passing any order to vacate the restraint order issued under subsection (1). (Amended by Act 62 of 2021)
(7) The Court may appoint a receiver—
(a) to take possession of any realisable property;
(b) to manage or otherwise deal with the property in respect of which he has been appointed as receiver, and may require any person having possession or control of property to give him the possession of such property;

(c) to dispose of the property with the approval of the court before adjudication in case of damage being caused to the property for its non-usage, subject to such exceptions and conditions including the deposit of sale proceeds in a separate interest-bearing account, as may be specified by the Court.
(8) Upon sale of any property by a receiver appointed under subsection (7), the purchaser shall have a good and valid title to the property and as regards landed property, the Land Registrar shall register the purchaser as full owner in the land register without further requisition or enquiry.
(9) Upon the sale of any property by a receiver appointed under subsection
(7), any right, title or interest of any person which existed on the date of sale, shall stand extinguished and such right, title or interest shall be limited to the net proceeds of such sale.
(10) For the purposes of this Act, dealing with property held by any person includes (without prejudice to the generality of the expression)—
(a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and
(b) removing the property from Seychelles.
(11) Where the Court has made a restraint order under subsection (1), an officer of the law enforcement agency, for the purpose of preventing any realisable property being removed from Seychelles, may seize the property and the property so seized under this subsection shall be dealt with in accordance with the directions of the Court.