Anti-Corruption Act 2023 · As enacted · Part III
115. Non conviction based forfeiture of property
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
The High Court shall, on an application made by the Director-General or any officer authorized by the
Commission within a reasonable period grant a non conviction based forfeiture order in respect of any property within the jurisdiction of such court where the court is satisfied prima facie on the balance of probabilities that such property is or such property represents property obtained through any of the offences committed under this Act or property intended to be used in committing any of the offences under this Act.
For the purposes of subsection (1), to be satisfied that a property is subject to the provision of subsection (1), it is not necessary to show that-
the property was derived directly or indirectly, in whole or in part, from the commission of a particular offence under this Act; or
any person has been prosecuted or convicted in relation to such an offence, but only that it is the proceeds from any offence under this
Act or it was used or intended to be used to commit an offence under this Act.
An application for forfeiture may be made in respect of property into which original proceeds of an offence under this Act have been converted either by sale or otherwise.
The Director-General shall give notice in writing regarding an application made under subsection (1) to any person who claims an interest in such property which is the subject matter of such application or to any person who is known to have an interest in such property or where the
Director-General reasonably believes that a person may have an interest in such property, to such person not less than thirty days of making such application:
Provided however, the Director-General may dispense with the notice if that person has absconded from the proceedings.
Any person who claims an interest in a property which is the subject matter of the application made under subsection (1), may appear and adduce evidence at the hearing of such application.
The Court may, at any time before a decision is made on the application made under subsection (1), order the
Director-General to publish a notice of such application in a daily news paper circulating in the island in Sinhala, Tamil and English languages, for the benefit of any person who, in the opinion of the court, appears to have any interest in such application.
Where a person claiming an interest in any property which is the subject matter of any application made under subsection (1), satisfies the court that such person has acquired–
the interest in such property before any offence relating to such property under this Act has been committed; or
the interest for a fair value after any offence relating to such property under this Act was committed but did not know or could not reasonably have known before obtaining such interest that the property was the proceeds of any offence committed under this
Act, the court may make such order regarding such interest declaring that the forfeiture order shall not affect such interest to such extent or in such manner.
The court may when it makes a forfeiture order under this section or any time thereafter, make any other order which the court may consider appropriate, including orders for and in respect of facilitating the transfer of such property.
Any order made under this section shall not be affected by any decision of any criminal proceeding or of an investigation conducted to determine whether criminal proceedings shall be instituted or not, in respect of the property which is the subject matter of this application.
The provisions of subsection (4) of section 114 relating to forfeiture order shall mutatis mutandis apply for forfeiture orders under this section.
Part IV
General
Part V