Anti-Corruption Act 2023 · As enacted · Part II · Declaration of Assets and Liabilities
90. Offences related to the declaration of Assets and Liabilities
Official English translation. The Sinhala text prevails.
Official translationFrom Department of Government Printing, unchanged
If a person whom declarations of assets and liabilities are to be made under this Part fails to comply with the requirements of this Part, within two weeks from thirtieth
June each year, such person shall be warned by sending letters by the Central Authority.
Any person who fails to submit his annual declaration or the post retirement declaration under section 82 of this
Act on due date, shall be liable to a daily administrative fine imposed by the Central Authority equivalent to one thirtieth of the last drawn gross monthly salary of the declarant for the period commencing from the due date of the declaration up to thirty first day of July. An enhanced daily administrative fine equivalent to one thirtieth of last drawn gross salary for last six months will be imposed for late submissions from first of August to thirty first of August. The fine shall be a surcharge on the remuneration or the retirement benefit as the case may be.
Any person who fails to submit his first appointment declaration, ad-hoc declaration or the end of tenure or retirement declaration under section 82 of this Act on due date, shall be liable to a daily administrative fine imposed by the Central Authority equivalent to one thirtieth of the last drown gross monthly salary of the declarant. A fine will be imposed for late submissions up to fourteen days after the due date for the submissions. An enhanced daily administrative fine equivalent to one thirtieth of the last drawn gross monthly salaries for last six months shall be imposed for late submissions between fourteen days and twenty eight days after the due date for the submission of such declaration.
Any person who fails to submit his declaration of assets and liabilities along with his application form for nomination for an election, shall be liable to sanctions in accordance with the provisions of the relevant written laws.
Any person who fails to submit the annual declaration or the post retirement declaration as the case may be until the first of September of the relevant year commits an offence and shall, on conviction after summary trial before a
Magistrate, be liable to a fine equivalent to last drawn gross salaries for twelve months of that person or to a term of imprisonment of either description not exceeding one year or to both such fine and imprisonment:
Provided that, the Commission shall investigate of such non-submission, for the purposes of verifications.
Any person who fails to submit the first appointment declaration, ad-hoc declaration or the end of tenure or retirement declaration until twenty eight days after the due date, commits an offence and shall on conviction after summary trial before a Magistrate, be liable to a fine equivalent to-
one hundred thousand rupees, where any person fails to submit his first appointment declaration;
one hundred thousand rupees, where any person fails to submit his ad-hoc declaration; or
last drawn gross salary of that person, where any person fails to submit his end of tenure or retirement declaration, or to a term of imprisonment not exceeding one year or to both such fine and imprisonment:
Provided that, the Commission shall investigate, of the non submission for the purposes of verifications.
Any person -
who makes any false statement in any declaration;
or
who willfully omits any asset or liability from any declaration, commits an offence and shall on conviction after summary trial before a Magistrate, be liable to a fine not exceeding two hundred thousand rupees or to a term of imprisonment not exceeding one year or to both such fine and imprisonment.
Any person who fails without reasonable cause to provide any additional information as may be required by the Commission, commits an offence and shall on conviction after summary trail before a Magistrate be liable to a fine not exceeding one hundred thousand rupees or to a term of imprisonment of either description not exceeding one year or to both such fine and imprisonment.
A person who is convicted of an offence under subsection (6) or (7) shall, within a period of fourteen days after the date of conviction, or in the event of an appeal against such conviction, within a period of fourteen days after the date of affirmation of such conviction, make the declaration of assets and liabilities referred to in section 81.
The provisions of section 79 and the provisions of the other preceding sections of this Part shall, mutatis mutandis, apply to any declaration of assets and liabilities made by such person under this subsection in like manner and to the same extent as they apply to any declaration of assets and liabilities made under section 81.
Where any person is convicted of an offence under paragraph (b) of subsection (7), the asset in respect of which the offence was committed shall by virtue of such conviction be vested in the State free of all encumbrances.
The vesting of any assets in the State under preceding subsection (10) shall take effect-
where an appeal has been preferred to the Court of
Appeal or the Supreme Court against the order of forfeiture, upon the determination of the appeal, confirming or upholding the order of forfeiture;
where no appeal has been preferred to the Court of
Appeal against the order of forfeiture, after the expiration of the period within which an appeal may be preferred to the Supreme Court against the order of forfeiture.
All administrative fines under this Chapter imposed upon any person by the Central Authority shall be surcharged on the remuneration or the retirement benefit as the case may be of such person, and shall be remitted to the Fund of the
Commission.
Part III
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General
Part V