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As enacted
Contents

Part I · Part i

73. Protection of informers of the Commission

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where the Commission confidentially receives information to the effect that an offence under this Act has been committed or suspected to have been committed or is likely to be committed, such information and the identity of the informer shall not be revealed and the informer and the matters relating to such information shall not be disclosed in any proceedings before any court, tribunal, or other authority.

(2)

Where any record, written or electronic, which is given in evidence or liable for inspection in any civil, criminal or other proceedings, contains an entry relating to the informer or the information given by the informer, the relevant court, tribunal, or other authority shall cause the parts in such record relating to the informer or the information given, to be concealed from view so as to protect the identity of such informer.

(3)

If on a trial for any offence under this Act, the court, after full inquiry into the case, is of the opinion that the informer willfully made in his complaint a material statement which he knew to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully administered between the parties thereto without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.

(4)

Any person who contravenes the provisions of subsection (1), commits an offence and on conviction by the

High Court be liable to a fine of one hundred thousand rupees or to a term of imprisonment not exceeding six months or to both such fine and imprisonment.

(5)

Where a person-

(a)

provides information to the Commission or any officer of the Commission or to any other law enforcement authority that a person, public official, a body corporate or unincorporate, public or private sector entity will commit or is committing or has committed or is likely to commit an offence under this Act; and

(b)

at the time such information is provided, believes on reasonable grounds that such information is true and is of such a nature as to warrant an investigation under this Act, such person shall not be subject to civil or criminal liability as a result of providing such information.

(6)

An informer shall not be subject to adverse conditions of employment, reprisal, coercion, intimidation, retaliation, harassment, any injury to his person, or threatening or any of the foregoing for providing such information. Where an information is provided under section 74 by a whistleblower, no disciplinary action shall be taken against him for providing such information.

(7)

Despite any prohibition of or restriction on the disclosure of information under any other law, contract, oath or practice, a whistleblower shall not be subject to detrimental action on account of having provided information under subsection (1) of section 74 or subsection (5) of this section.

(8)

Any provision in a contract of service or other agreement between an employer and an employee is void in so far as it—

(a)

purports to exclude any provision of this Act, including an agreement to refrain from instituting or continuing any proceedings under this Act or any proceedings for breach of contract; or

(b)

purports to preclude the employee or has the effect of discouraging the employee from providing information.

(9)

For the purposes of subsection (6) it shall be presumed until the contrary is proved that the adverse conditions of employment, reprisal, coercion, intimidation, retaliation, harassment, any injury to his person, or threatening or any of the foregoing has occurred.

(10)

A whistleblower shall assist the Commission in any investigation which the Commission may make in relation to the information provided by him.

Part II

Declaration of Assets and Liabilities

Part III

Part IV

General

Part V

Transitional Provisions and Savings

Schedules