Anti-Corruption Act 2023 · As enacted · Part I · Part i
49. Examination of persons when conducting an investigation
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
The Commission may, in conducting an investigation under section 42–
procure and receive all such evidence, written or oral, and examine all such persons as the
Commission may think necessary or desirable to procure, receive or examine:
Provided, the Commission may video record the examination of any person under the provisions of this paragraph;
require any person to attend before the Commission for the purposes of being examined by the
Commission and to answer, orally on oath or affirmation, any question put to him by the
Commission relevant, in the opinion of the
Commission, to the matters under investigation or require such person to state any facts relevant to the matters under investigation in the form of an affidavit;
summon any person to produce any document or other thing in his possession or control;
direct by notice in writing any bank, a non-banking financial institution, or designated non-finance business to produce, within such time as may be specified in the notice, any information in whatsoever form relating to the account of any person in respect of whom any inquiry or investigation is being conducted under section 42 or of any person associated with such person, or of a company of which such person is a director, or of a trust in which such person has a beneficial interest or of a firm of which such person is a partner, or to furnish as so specified, certified copies of such information therein which is in printable form;
notwithstanding the provisions of paragraph (d), require any bank, non-banking financial institution, or designated non-finance business to provide following information and material to the
Commission subject to the provisions of the
Prevention of Money Laundering Act, No. 5 of 2006
and Financial Transactions Reporting Act, No. 6 of 2006, relating to–
any financial service provided by such bank, institution or business, to any person;
details of any financial transaction carried out by any person;
details of any bank accounts, deposits, remittances, and withdrawals and financial services provided by any such bank, institution or business;
details in respect of securing of financial services by any person; and
a certified statement of any account or other details pertaining to any account or transaction;
notwithstanding the provisions of paragraph (d), require from the following officers any information or document which is in his possession or under his control or a certified copy thereof or any entry therein for the purpose of conducting an investigation under the provisions of this Act or in respect of an associated offence referred to in this Act:-
the Secretary to any Ministry appointed under
Article 52 of the Constitution;
Secretary General of the Parliament of Sri
Lanka appointed under Article 65 of the
Constitution;
Commissioner General of Inland Revenue appointed under section 97 of the Inland
Revenue Act, No. 24 of 2017;
Governor of the Central Bank appointed under section 12 of the Monetary Law Act
(Chapter 422);
Auditor General appointed under Article 153
of the Constitution;
Head of the Department of Foreign Exchange of the Central Bank appointed under section 33 of the Monetary Law Act
(Chapter 422);
Director of the Financial Intelligence Unit appointed in terms of the Financial
Transactions Reporting Act, No. 6 of 2006;
Director-General of the Securities and
Exchange Commission of Sri Lanka appointed under section 19 of the Securities and Exchange Commission of Sri Lanka Act,
No. 19 of 2021;
Director-General of Customs appointed under section 2 of the Customs Ordinance
(Chapter 235);
Controller of Immigration and Emigration appointed under section 4 of the Immigrants and Emigrants Act (Chapter 351);
Commissioner General for the Registration of
Persons appointed under section 3 of the
Registration of Persons Act, No. 32 of 1968;
Controller of Imports and Exports appointed under section 2 of the Imports and Exports
(Control) Act, No. 1 of 1969;
Registrar General of Companies appointed under section 47 of the Companies Act,
No. 07 of 2007;
Commissioner of Land appointed under section 3 of the Land Development Ordinance
(Chapter 464);
Director-General of Intellectual Property of
Sri Lanka appointed under section 2 of the
Intellectual Property Act, No. 36 of the 2003;
Commissioner General of Motor Traffic appointed under section 204 of the Motor
Traffic Act, (Chapter 203);
Director-General of Telecommunications appointed under section 22B of the Sri Lanka
Telecommunications Act, No. 25 of 1991;
a Head of any Government department, public corporation, statutory body, or other
Government institution;
Registrar – General of Lands appointed under section 2 of Registration of Documents
Ordinance (Chapter 117);
Chairman of a Provincial Council or a
Chairman or a Special Commissioner of a local authority;
the Head of any scheduled institution under this Act;
direct any person in respect of whom a communication has been received under section 42
to furnish a sworn statement in writing-
setting out all movable or immovable property owned or possessed at any time, or at such time as may be specified by the
Commission, by such person and by any other person associated with such person and specifying the date on which each of the properties so set out was acquired, whether by way of purchase, gift, bequest, inheritance or otherwise; and
containing particulars of such other matters which in the opinion of the Commission are relevant to the investigation;
direct any person other than the persons specified in paragraphs (f) and (g) above to furnish a sworn statement in writing-
setting out all movable or immovable property owned or possessed at any time or at such time as may be specified by the
Commission, by such person where the
Commission has reasonable grounds to believe that such information can assist an investigation conducted by the Commission under section 42; and
containing particulars of such other matters which in the opinion of the Commission are relevant to such investigation:
Provided that, any person to whom the
Commission issues any direction under this subsection shall comply with such direction, notwithstanding anything to the contrary in any other law.
Where the Commission is satisfied of any information given by an officer of the Commission that any movable property, including any monetary instrument or any accretion thereto, which is the subject matter of an offence under this
Act or evidence in relation to the commission of such offence, is in the possession, custody or control of a bank, the
Commission may, notwithstanding anything contained in any other written law, by order direct the bank not to part with, deal in, or otherwise dispose of such property or any part thereof for a period not exceeding three months.
An order under subsection (2) may include freezing of bank accounts or freezing of other financial deposits and accounts suspected to contain proceeds of bribery to the extent of the proceeds of bribery contained therein, under paragraph (a) of subsection (1) of section 53, subject to any condition that may be imposed by rules made in that behalf by the Commission.
A bank or any agent or employee of a bank shall not, on account of such compliance envisaged in subsection (2), be liable to any prosecution under any other law or to any proceeding or claim by any other person under any other law or under any contract, agreement, or arrangement, or otherwise.
On the conclusion of any investigation conducted under this Act, the Commission may award to any person who has been in any way implicated or concerned in the matter under investigation or to any bank whose manager has complied with a notice issued in connection with such investigation by the Commission such sum of money as the
Commission may consider sufficient to meet the costs and expenses which may have been reasonably incurred by such person or bank in connection with the investigation.
All moneys awarded under subsection (5) shall be paid out of the Fund of the Commission.
Any person who appears before the Commission under this section is bound to answer truly all questions relating to such case put to him by the officers of the Commission other than the questions which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
Part II
Declaration of Assets and Liabilities
Part III
Part IV
General
Part V