Anti-Corruption Act 2023 · As enacted · Part IV · General
162. Interpretation
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
For the purpose of this Act,–
property which is held by or in the name of a person in trust for or for the benefit of any other person shall be deemed to be indirectly owned by such other person; and
every reference in this Act to the Government shall be construed in a mannar that does not cause interference with the judiciary and shall be subject to Article 111C of the Constitution.”;
In this Act, unless the context otherwise requires –
“adverse conditions of employment” shall include harassment by co-workers. It is treated as done by the employer. It is immaterial whether such act is done with the knowledge or approval of the employer;
“associated offences” means offences referred to in section 41 of this Act other than any offence specified in this Act;
“bribery” means the offer, solicitation or acceptance of any gratification in contravention of any provision of Part III of this Act;
“child” includes a step-child or a child who has been adopted under the Adoption of Children
Ordinance (Chapter 61);
“Commissioner of Local Government” includes any
Deputy Commissioner of Local Government and any Assistant Commissioner of Local
Government;
“complaint” shall mean any written or oral communication with statement received through electronic means or otherwise to the Commission in relation to the commission of an offence under this Act in which the communicator divulges his identity. This does not include any material which comes to the attention of the Commission through the channels stipulated in paragraph (a), (c), or (d) of subsection (1) of section 42;
“documents” include information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production including references to producing a copy of the information in legible form;
“electronic communication”
means any communication made by means of data message generated, sent, received or stored by electronic, magnetic, optical or other similar means;
“executive” when used with reference to a trade union has the same meaning as in the Trade Unions
Ordinance (Chapter 138);
“foreign public official” means an individual who -
holds a legislative, administrative or judicial position of any kind, whether appointed or elected, of a country or territory outside Sri Lanka (or any subdivision of such a country or territory);
exercises a public function –
for or on behalf of a country or territory outside Sri Lanka or any subdivision of such a country or territory, or
for any public agency or public enterprise of that country or territory or subdivision, or
is an official or agent of a public international organisation;
“Government” includes the Legislature, Executive and the Judiciary;
“gratification” includes -
money or any gift, loan, fee, reward, commission, valuable security or other property or interest in property of any description, whether movable, intangible and unreal or immovable;
For the purposes of this paragraph,
“money” includes currency which is in digital or virtual form recognized as legal tender, whether or not such currency is recognized in Sri Lanka.
any office, employment or contract;
any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever whether in whole or in part;
sexual favour;
any other service, favour or advantage of any description whatsoever including protection from any penalty or disability incurred or apprehended from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, including the exercise, or the forbearance from the exercise of any right or any official power or duty; and
any offer, undertaking or promise of any gratification within the meaning of the preceding paragraphs (a), (b), (c), (d) or (e);
“high risk categories” means categories that are prescribed by regulations as such;
‘information’ for the purposes of section 42 and 43
means anything except a complaint and material received under the provisions of paragraphs (c)
and (d) of subsection (1) of section 42 and in all other circumstances ‘information’ shall carry its generic meaning;
“informer” includes a whistleblower;
“judicial officer” shall have the same meaning assigned to such expression in the Constitution;
“listed Company” shall have the same meaning assigned to such expression in the Companies
Act, No.07 of 2007;
“local authority” means a Municipal Council, Urban
Council or Pradeshiya Sabha and includes any authority created or established by or under any law to exercise, perform and discharge, powers, duties and functions, corresponding to, or similar to the powers, duties and functions exercised, performed and discharged by any such Council or Sabha;
“local or foreign expert” includes any expert specified in section 45 of the Evidence Ordinance
(Chapter 14);
“Minister” means the Minister assigned the subject of
Justice under Article 44 or 45 of the Constitution;
“non-intimate sample” means—
a sample of head hair;
a sample taken from a nail or from under a nail;
a swab taken from any part, other than a private part, of a person’s body or from the mouth but not any other body orifice;
saliva; or
an impression of any part of a person’s body other than—
an impression of a private part;
an impression of the face; or
the identifying particulars;
“private part” in relation to a person’s body, means the genital or anal area and includes the breasts in the case of a woman;
“identifying particulars” include photographs, finger-prints, palm-prints, sole-prints, toe-prints and the weight and height measurements of a person;
“office-bearers” in relation to a recognized political party means the President, Vice-President,
Secretary or a member of the Executive committee of such recognized political party and any other person who is duly empowered to give directions in regard to such political party, and includes the leader of such political party, howsoever designated, whether as Patron,
President, Advisor or otherwise;
“person” includes both natural and legal persons;
“person assisting the Commission” for the purposes of this Act means any person who assists the
Commission in any manner;
“prescribed” means prescribed by regulations;
“private sector entity” means a specified business enterprise as defined in section 5 of the Sri Lanka
Accounting and Auditing Standards Act, No. 15
of 1995;
“Provincial Council” means a Provincial Council established by Chapter XVIIA of the
Constitution;
“public authority” includes a Government Ministry,
Government Department, Provincial Council, local authority or public corporation;
“public corporation” means any corporation, board or other body which was or is established by or under any written law other than the Companies Act,
No. 07 of 2007 with capital partly or wholly provided by the Government by way of grant, loan or other form, and includes all scheduled institutions under this Act;
“public international organisation” means an organisation whose members are —
countries or territories outside Sri Lanka;
governments of countries or territories outside Sri Lanka; and
a mixture of any of the above;
“public officer” shall have the same meaning assigned to such expression in the Constitution;
“public official” include the President, the Prime
Minister, a Minister of the Cabinet of Ministers, a Minister appointed under Article 45 of the
Constitution, Speaker, Deputy Speaker,
Chairman of a Committee, Deputy Chairman of a Committee, a Deputy Minister, the Governor of a Province, a Minister of the Board of Ministers of a Provincial Council, a Member of Parliament, a Judge of the Supreme Court, a Judge of the
Court of Appeal, Judge of the High Court or a
Judge, presiding officer, or member of any other
Court of first Instance, tribunal or institution created and established for the administration of
Justice or for the adjudication of any labour or other dispute, every officer, official or employee of the State or any Chairman, member, officer, official or employee of any Independent
Commission established by the Constitution, or any other diplomatic agent appointed by the
Constitution, or any Chairman, member, officer, official or employee of any Commission appointed under any other law; or any Chairman, director, Governor, member, officer, official or employee, whether in receipt of remuneration or not, of a Provincial Council, local authority or of a scheduled institution, or of a company incorporated under the Companies Act, No. 07
of 2007, in which over twenty five per centum of the shares are held by the Government, a member of a Provincial Public Service, every juror, every licensed surveyor and every arbitrator or other person to whom any cause or matter has been referred for decision or report by any court or any other competent public authority:
Provided that, where any local authority has been dissolved and the administration of the affairs of that authority has been vested in any person, every employee of that local authority immediately before its dissolution who continues in employment after such dissolution, shall be deemed for the purpose of this Act, to be a public official;
“Registrar General of Lands” means the Registrar
General of Lands appointed under section 2 of the Registration of Documents Ordinance
(Chapter 117);
“Registrar General of Title” means the Registrar
General of Title appointed under section 3 of the
Registration of Title Act, No. 21 of 1998;
“scheduled institution” means any public authority or public corporation and includes any private sector entity or any body-
in which any such public authority or public corporation; or
in which more than one such public authority or public corporation, in the aggregate, holds, not less than twenty five percent of the shares;
“sexual favour” means -
sexual intercourse; or
any act that may not amount to sexual intercourse, but may amount to or constitute physical, verbal or non-verbal conduct of a sexual nature, including the exposure of a private body part or any act performed by the use of information and communication technology or any other means.
“sporting event” means any event or contest in any sport between individuals or teams or in which an animal competes and which is usually attended by the public and is governed by rules which include the constitution, rules or code of conduct of any sporting body which stages any sporting event or of any regulatory body under whose constitution, rules or code of conduct the sporting event is conducted;
“staff officer” means any employee of the Government or a Provincial Council or a local authority or any employee of a public corporation as may be specified by rules made under section 157;
“victim” means a person who has suffered any injury, harm whether physical or mental, emotional, economic or other loss as a result of an act or omission which constitute an offence under this
Act;
“whistleblower” shall include persons assisting such whistleblower, persons providing supporting information to such whistleblower, a family member or dependant of such whistleblower or any other person of significant importance to such whistleblower;
“witness” for purposes of section 75 means any person who—
has provided information or lodged a complaint with any law enforcement officer and based upon such information or complaint, an investigation or inquiry could or has commenced or is likely to commence, in connection with the alleged commission of an offence under this Act;
in the course of an investigation or inquiry conducted by the Commission or a law enforcement authority into the alleged commission of an offence under this Act, has provided information or made a statement containing an account of matters in respect to which such person had been questioned;
has provided an affidavit or submitted a statement in support of a complaint made or any legal action instituted by the
Commission;
has provided information or any communication to the Commission;
has reasonable grounds to believe that he shall be summoned by a court or the
Commission to make a statement or testify in any judicial or quasi-judicial proceedings against a person, based on information provided or a statement made to a law enforcement authority or the
Commission by such person;
has received summons from a court or the
Commission to make a statement, testify or produce any document, report or object in any judicial or quasi-judicial proceeding before such court or the Commission; or
being a public officer, has investigated into the alleged commission of an offence or an alleged infringement of a fundamental right or the violation of a human right, and includes a victim of a crime, a child witness, the parent or guardian of a child witness, a family member or a dependant of such witness or any other person of significant importance to such person, an expert witness, a person who has been summoned to testify before a court or the
Commission on behalf of a person suspected or accused of the alleged commission of an offence under this Act; and
“written” shall include electronically generated documents.
Part V