Act of Parliament · As enacted
Bribery (Amendment) Act 1980
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s 1
Short title.
This Act may be cited as the Bribery (Amendment)
Act, No. 9 of 1980.
s 2Amendment
Section 4 of the Bribery Act (hereinafter referred to as the “principal enactment”) as amended by Act No. 40
of 1958, Act No. 2 of 1965 and Law No. 38 of 1974 is hereby further amended by the substitution, for subsection (1) of that section, of the following new subsection :—
26.
“ (1) The Bribery Commissioner may from time to time in the course of an investigation of an allegation of bribery against any person or after the commencement of a prose-cution of any person for bribery notwithstanding anything in any other written law to the contrary by written notice—
require such person to furnish a sworn statement in writing—
;
Wi enumerating all movable or immovable property owned or possessed at any time, or at such time as may be specified by the Bribery
Commissioner, by such person and by the spouse, sons and daughters of such person and specifying the date on which each of the properties enumerated was acquired whether by way of purchase, gift, bequest, inheritance or otherwise
;
containing particulars of such other matters which in the opinion of the Bribery Commis-sioner are relevant to the investigation
;
require any other person to furnish a sworn statement in writing—
.
enumerating all movable or immovable property owned or possessed at any time or at such time as may be specified by the Bribery a Sioa
Commissioner by such person where the
Bribery
Commissioner has reasonable grounds to believe that such information can assist the investigation
;
containing particulars of such other matters.
which in the opinion of the Bribery Com-missioner are relevant in the investigation ;
require the manager of any bank in Sri Lanka to produce, within such time as may be specified in the notice, any book, document or cheque of the bank containing entries relating to the account of such person or of the spouse or a son or daughter of such person, or to furnish as so specified, certified copies of such entries
;
require the Commissioner-General of Inland Revenue to furnish, as specified in the notice, all information available to such Commissioner-General relating to the affairs of such person or of the spouse or a son or daughter of such person and to produce or furnish, as specified in the notice any document or a certified copy of any document relating to such person, spouse, son or daughter which is in the possession or under the control of such Commissioner-General ;
and
require the person in charge of any department, office or establishment of the Government, or the Mayor,
Chairman, Governor, or chief executive officer of any local authority or scheduled institution, or of the governing body of any scheduled institution, to produce or furnish, as specified in the notice, any document or a certified copy of any document which is in his possession or under his control. ”.
s 3Replacement of section 5 of the principal enactment
Section 5 of the principal enactment as amended by
Act No. 2 of 1965 is hereby repealed and the following new section substituted therefor :—
“ Indictment
5. If the Bribery Commissioner, after the before High
.
oo.
.
;
Court.
investigation of an allegation of bribery against any person, is satisfied that there is a prima facie case of the commission by that person of an offence specified in Part II of this Act, such Commissioner shall transmit a copy of the record of the investigation cer-tified under his hand to the Attorney-General who may indict such person before the High
Court
:
Provided however, that. where the offence eonsists of soliciting, accepting or offering any gratification which or the value of which does not exceed two hundred rupees, the
Bribery Commissioner may having regard to the nature of the offence and other cir-cumstances prosecute such person before the Magistrate’s Court and accordingly the
Magistrate’s Court shall have jurisdiction to hear and determine any such proceedings instituted by the Bribery Commissioner. ”.
s 4Replacement of section 6 of the principal enactment,
Section 6 of the principal enactment as amended by
Act No. 2 of 1965 and Law No. 38 of 1974 is hereby repealed and the following new section substituted therefor :—
Application of the Code of Criminal
Procedure
Act.
6. (1) Such of the provisions of the Code of Criminal Procedure Act, No. 15 of 1979, as are not excluded by subsection (2) or are not inconsistent with the provisions of this
Act shall apply to proceedings instituted in a court for offences under this Act.
Section 306 of the Code of Criminal
Procedure Act, No. 15 of 1979, shall not apply to proceedings in the Magistrate’s Court for offences under this Act.”.
s 5Amendment of section 7 of the principal enactment
Section 7 of the principal enactment as amended by
Law No. 38 of 1974 is hereby amended by the substitution for the words “sections 95 to 99 (both inclusive) of the
Administration of Justice Law, No. 44 of 1973,”, of the words “sections 68 to 76 (both inclusive) of the Code of Criminal Procedure Act, No. 15 of 1979,”.
Amendment 4
Bribery (Amendment) Act, No. $.0f 1980.
“@., Section 8: ot the prineipel ‘enactment as amended by
Act No. 2 of 1965 and Law No. 38
of 1974
is hereby repealed and the following new section substituted therefor :—
Juriodiction
8. Notwithstanding the provisions of any
: ia ber other written law to the contrary, the High in rere ee
Court holden in any judicial zone shall have under jurisdiction to try an indictment for bribery section aA.
in respect-of an offence under section 23A of this Act.”.
s 7Repeal of section 9 of the principal enactment,
Section 9 of the principal enactment amended by Law,
No. 38 of 1974 is hereby repealed.
s 8Amendment of section 10
Section 10 of the principal enactment as amended by
Act No. 40 of 1958, Act No. 2 of 1965, Law No. 38 of 1974 and
Law No. 11 of 1976 is hereby further amended in subsection principal enaciment.
of that section by the substitution for paragraph (b)
thereof, of the following new paragraph :—
“ (b) to have such witness at the conclusion of such trial tried before such court upon a charge, or if such court is the High Court, arraigned and tried on an indictment which shall be prepared and signed by the Registrar of such High Court, for intentionally giving false evidence in a stage of a judicial proceeding. ”.
s 9of section ii of the principal enactment
Section 11 of the principal enactment as amended by
Act No. 2 of 1965 is hereby further amended as follows :—
by the substitution, for the words “indicted before a District Court for bribery” of the words “for an offence under this Act,”
; and
by the substitution, for the word “ indictment ”, of the words “list of witnesses or productions”.
Bribery tAmend@ment) Act, No, 9 of 7580 a
.10, Section 12 of the principal enactment as amended by
Act No. 40 of 1958 and Act No. 2 of
- 1965: is hereby further amended as follows :—
rinci
by the substitution, for the expression “ Criminal
Procedure Code”, of the expression “Code of
Criminal Procedure
Act, No. 15 of 1979” ; and
by the substitution, for the expression “a District
Court”, of the expression “a Co ll. Section 19 of the principal enactment as amended hy
Act No. 40.of 1958, Act No. 2 of 1965 and Law No. 38 of 1974
is hereby further amended as follows :-—-
. 29 | enactment.
by the substitution, for the expression “ state officer”
wherever that expression occurs in that section, of the expression “ public servant”; and
by the addition at the end of the proviso of the following new proviso :—
“Provided further that section 35 of the Medical
Ordinance shall not entitle a medical practitioner who is a public servant to solicit or accept any gratification. ”,
s 12Amendment of section 23A of the principal enactment
Section 23A of the principal enactment (inserted by
Act No. 40 of 1958) as amended by Act No. 2 of 1965
and Law No. 38 of 1974 is hereby further amended as follows:
by the repeal of subsection (6) of that section and the substitution therefor of the following subsection :—
In any prosecution for an offence under this section a certificate from the Chief Valuer with regard to the value of any immovable property or the cost of construction of any building on such property shall be sufficient proof of such value and cost of construction unless and until the contrary is proved.
In this subsection, “Chief Valuer” means the
Chief Valuer of the Government, and includes any
Senisr Assistant Valuer, or Assistant Valuer of the
Government Valuation Department.’; and
by the insertion, immediately after subsection (6) of that section, of the following new subsection :—
Amendment
Pace troll
Amendment of section i 5
gd teat
#ax..the. purpase.of this section ‘fa-person ”
Bribery: (Amendment) Agty:No. 9-of 1980
CSaatesd cestedes F,
Ue gigi bere. tre att, +4 ial iveahahy person: whonsoever,' whether or not
OF. TH age
.
:
.
Freres er such person can be shown to have been concern-cue, ed With.any. act, referred to.in section 18 or. section vs ates + 20 oxiwhether or-not-he is a ‘public servant within bee the mbaning of this Act.’.
Amendment
“13, ‘Section 26 of tl the principal enactment as amended by of section 26
Act No. 2 of 1965 is hereby further amended by the substi-natant.
«tution, for the expression “a District Court ”, of the expres-tvs gion “a Court’ | 17:
Amendment 14, Section 26A of the principal enactment (inserted by of sectitne : Law. Na. 38 of 1974), is hereby amended by the substitution,
Principat.
for the expression’ “District Court”, of the expression
“High Court”.
Amendment
s 15Section 27 of the principal enactment as amended by of section
Act No. 40 of 1958 and Act No. 2 of 1965 is hereby further principal ..
amended in subsection (1) of that section as follows :—
by the substitution, for the expression “a District
Court” of the expression “a Court”; and
by the substitution, for the expression “the District
Judge”, of the expression “the presiding Judge or
Magistrate ”.
Amendment
s 16Section 28 of the principal enactment as amended by os sete
Act No. 2 of 1965 is hereby further amended as follows:
principal enactment.
in subsection (1) of that section by the substitution for the expression “a District Court”, of the ex.
pression “a Court”; and by the substitution fo:
the expression “ that Court”, of the expression “ the
District Court”; and
in the marginal note thereto, by the substitution, fo:
the expression “ District Court”, of the expressior a Court.”
Amendment
s 17Section 29 of the principal enactment as amended bi oF section
Act No. 40 of 1958 and Act No. 2 of 1965 is hereby further principal |
amended by the substitution, for the expression “a Distric’
Court”, of the expression “a Court”.
Bribery: (Avnendment) -Act,-Nv; 9.0f 1980
q
«48... Section .8Q..af. the. principal .enagtment is hereby amended by the. substitution, for,the expression “Criminal
-
.Amendment of section 30.of the principal enactment.
Procedure: Code”, of. the..expression “Code of Criminal
Procedure Act, No. 15 of 1979 ”......::
s 19Repeal of section 31 of the principal eanctment
. Section 31 of. the. principal, enactment as amended by
Act No. 2 of 1965
is hereby reposted.
s 20Amendment of section 39 of the principal: enactment
Section 39 of the principal enactment as amended by
Act No. 2 of 1965 is hereby further amended as follows :
in subsection (2) of that section by the substitution—
for the words “such District Court as he may determine for an order,” of the words. “the
High Court for an order,”
; and
for the expression “that District Court shall upon application”, of the expression “the
High Court shall upon application”; and
for the expression “as if the order were a decree entered by that District Court” of the expression “as if the order were a decree entered by a District Court”.
in subsection (3) of that section by the substitution, for the expression “a District Court”, of the ex-pression “the High Court”; and
{c) in subsection (4) of that section by the substitution, for the expression “a District Court”, of the ex-pression “the High Court” ;
s 21Replacement of section 70 of the principal enactment
Section 70 of the principal enactment as amended by Act No. 40 of 1958 is hereby repealed and the following section substituted therefor :—
‘ Wilful
70. A person who—
neglect to orry out
wilfully neglects or omits to carry out irection
.
.
.
:
of, or any direction given to him under obstruction of, investi-gating officer,
&e, subsection (2) of section 3 by the
Bribery Commissioner or by any officer empowered by that section to direct and conduct an investigation, or
gives a false answer when questioned under that subsection, or
@
Bribery, (Amendment) Act, No, 9 of 1900
makes a false statement in an affidavit submitted by him in compliance
. with.a direction under that subsec-tion, shall be guilty of an offence and shall upon summary trial and conviction by a Magistrate be liable to a fine of not less than one hundred rupees and not more than five hundred rupees, or to imprisonment of either description for a term not exceeding six months or to both such fine and imprison-ment, ”,
.
s 22cement Bepisceme 71 of the
Section 71 of the principal enactment as amended by Act No. 40 of 1958 and Act No. 2 of 1965 is hereby repealed and the following section substituted therefor :—
Failure to furnish information.
71.
enactment
Notwithstanding the provisions of any other written law or any oath of secrecy to the contrary, every person to whom a notice is sent by the Bribery Commissioner under
‘ subsection (1) of section 4 or by a commis-sion of inquiry under subsection (1) of section 34 shall comply with the provisions of that notice within such time as may be specified therein, and, if he wilfully neglects or omits to do so, he shall be guilty of an offence and shall, on conviction before a
Magistrate, be liable—
to a fine of not less than one hundred rupees and not more than five hundred rupees or to imprisonment of either description for a period not exceeding six months or to both such fine and imprisonment
; and
to a fine of not less than one hundred rupees for every day during which the offence is continued after the date on which he is required to furnish the sworn statement.”.
s 23Replacement of section 73 of the principal enactment
Section 73 of the principal enactment as amended by
Act No. 2 of 1965 is hereby repealed and the following section substituted therefor
:—
Bribery’ (Aineniiment) Act, No. §-of 1980 a)
“Interteresce /
78. (1) A person who—
witnesses
&e,
interferes with any witness summoned 7
in-any proceedings for bribery in or before a court or commission of inquiry or any person whose state-ment has been recorded by the
Bribery Commissioner in the course of an investigation, or
induces any such witness or any such person to refrain from giving evidence, or
({c) threatens any such witness or any such person with injury to his body, mind or reputation in order to deter him from giving evidence, or
injures any such witness or any such person in body, mind or reputation in order to deter him from giving evidence, or
compels any such witness or such person not to give evidence, shall be guilty of an offence and shall, upon summary trial and conviction by a Magis-trate, be liable to rigorous imprisonment for a term not exceeding twelve months and to a fine.
Every court before which any person surrenders himself or is produced on arrest on an allegation that he has committed or has been concerned in committing or is sus-pected of having committed or to have been concerned in committing an offence under this section shall keep such person on remand until the conclusion of the trial except in exceptional circumstances where the court before which he surrenders himself or is produced may after recording its reasons therefor release him on bail.”.
s 24Amendment of section 78 of the principal enactment,
Section 78 of the principal enactment as amended by
Law No. 38 of 1974 is hereby further amended as follows :—
by the repeal of subsection (1) of that section and the. substitution therefor of the following new subsection :—
“(1) No Magistrate’s Court shall entertain any prosecution for an offence under this Act except ag ne eh ee
Amendment by or with the written sanction of the ‘Bribery
Commissioner or an officer authorized by him’ in that behalf.”
; and
in subsection (2) of that section by the substitution, for the expression “a District Court”, of the expression “a Court”.
s 25Amendment of of section 73
Section 79 of the principal enactment as amended by
Act No. 2 of 1965 is hereby further amended in subsection
Ot ne al enactment.
of that section by the substitution, for the expression
“a District Court”, of the expression “a Court”.
s 26Amendment of section 81 of the principal enactment,
Section 81 of the principal enactment as amended by Act No. 2 of 1965 is hereby further amended in subsec-tion (2) of that section by the substitution, for the expression “Criminal Procedure Code”, of the expression
“Code of Criminal Procedure Act, No. 15 of 1979”.
s 27of section 85A of the principal enactment,
Section 85A of the principal enactment as amended by Act No. 40 of 1958 is hereby amended by the substitution, for the expression “Chapter XXA of the Criminal
Procedure Code” of the expression “Chapter XIX of the
Code of Criminal Procedure Act, No. 15 of 1979.”
s 28Insertion of new sections 85B and 85C in the principal enactment,
The following sections are hereby inserted imme-diately after section 85A, and shall have effect as sections 85B and 85C respectively, of the principal enactment :—
“ Provisions
85B. Notwithstanding the provisions of sao yon the section 303(5) of the Code of Criminal
Code of
Procedure Act, No. 15 of 1979, the provisions
Criminal |
of section 29 of this Act shall apply
Act not to to any person convicted of bribery, and on aD whom a suspended sentence has been whom the imposed under section 303 (1) of the Code provisions of of Criminal Procedure Act in respect of that this apply conviction.
Transitional
85C. Any prosecution pending in the High provisions.
Court on the day preceding the date of coming into operation of this section, in respect of the offences of soliciting, accepting or offering any gratification which or the value of which does not exceed two hundred rupees; shall stand removed to the Magis-trate’s Court if the High Court having regard to the nature of the offence and other circumstances decides that any such prosecu-i tion should be transferred and such Magis-trate’s Court shali have the jurisdiction to take cognizance of and hear and determine or to complete the same:
Provided that any such prosecution, in which the adducing of evidence has com-menced as at the day preceding the date of coming into operation of this section, shall be heard and determined by the said High
Court. ”.
s 29Amendment ot section 89A of the principal enactment,
Section 89A of the principal enactment (inserted by
Law No. 38 of 1974) is hereby amended as follows :—
by the substitution, for the expression “state officer ”
of the expression “ public servant” ;
’ Gi)
by the substitution, for the words “ the District Court of Colombo” of the words “the High Court holden in Colombo
; and
by the substitution, in the marginal note thereto, for the expression “state officer” of the expression
“public servant ”.
s 30Amendment of section 90 of the principal enactment
Section 90 of the principal enactment as amended by Law No. 11 of 1976 is hereby further amended by the substitution, for the definition of ‘scheduled institution”, of the following new definition :—
‘“ scheduled institution’ means any such board, institu-tion, corporation or other body as is for the time being specified in the Schedule to this Act, and any board, institution, corporation or other body which is deemed under the provisions of any enact-ment to be a scheduled institution within the meaning of this Act, and includes any company, whether public or private or other body—
in which any such board, institution, corpora-tion or other body holds, or
in which more than one such board, institution or other body, in the aggregate, hold, not less than fifty one per cent of the shares.’.
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