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As enacted
Contents

Part II · Governing Board, Monetary Policy Board, Governor and Deputy Governors

17. Eligibility and disqualifications of the Governor and other appointed members and Deputy Governors of the Central Bank

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

(1)

The persons appointed under section 15 shall be persons of eminence and integrity who have distinguished themselves in public and professional life and who possess professional or academic experience in the fields of

Economics, Monetary Policy, Banking, Finance, Accounting and Auditing, Law or Risk Management in order to assist the

Central Bank to achieve its objects and to exercise, perform and discharge its powers, duties and functions.

(2)

A person shall be disqualified from being appointed or continuing as the Governor of the Central Bank, or an appointed member or a Deputy Governor of the Central Bank, if such person –

(a)

has committed or has been connected with the commission of, any act which involves fraud, deceit, dishonesty or professional misconduct;

(b)

is subject to an investigation or inquiry consequent upon being served with notice of a charge involving fraud, deceit, dishonesty or other similar criminal activity, by any regulatory authority, supervisory authority, professional association, commission of inquiry, tribunal or any other body established by law, in Sri Lanka or abroad;

(c)

has been convicted by any court in Sri Lanka or abroad in respect of a crime involving dishonesty or committed in connection with financial management or of any offence involving moral turpitude;

(d)

is an undischarged insolvent or has been declared bankrupt by a court of competent jurisdiction in

Sri Lanka or abroad;

(e)

has failed to satisfy any judgement or order of any court whether in Sri Lanka or abroad, or to repay a debt;

(f)

has been declared by a court of competent jurisdiction in Sri Lanka or abroad, to be of unsound mind;

(g)

has been removed or suspended by an order of a regulatory or supervisory authority from serving as a director, chief executive officer or other officer in any financial institution or corporate body, in Sri

Lanka or abroad;

(h)

was a chief executive officer or held any other position of authority in any financial institution –

(i)

whose license has been suspended or cancelled; or

(ii)

which has been wound up or is being wound up, or which is being compulsorily liquidated whether in Sri Lanka or abroad;

(i)

is an employee of the Central Bank:

Provided however, this disqualification shall not be applicable in the case of the appointment of a

Deputy Governor of the Central Bank from among the employees of the Central Bank;

(j)

is or becomes a member of the Parliament, a

Provincial Council or a local authority;

(k)

is or becomes a public officer or judicial officer or holds any office or position other than an academic position, either by election or appointment, for which salary or other remuneration or benefit other than the superannuation benefit deriving from his previous employment, is payable out of public funds, provincial funds or the funds of any local authority:

Provided however, nothing in this subsection shall be held to empower the Minister to remove, with the concurrence of the Governing Board, from office, any Deputy Governor of the Central Bank who has been temporarily released under subsection (3), by reason only that such Deputy Governor of the Central Bank holds such office or position in such institution:

Provided further, that nothing in this subsection shall be construed to enable a Deputy Governor of the Central Bank who has been temporarily released to serve in an office or position of a public corporation under subsection (3) to take part in the deliberations of the Governing Board or Monetary

Policy Board of the Central Bank while he holds office or position as a public officer;

(l)

is an official of a political party; or

(m)

is or becomes a director, officer or employee of an entity regulated by the Central Bank or a financial institution operating through offices in Sri Lanka or a beneficial owner of an equity interest in a financial institution.

(3)

The Governing Board may, with the concurrence of the Minister, temporarily release a Deputy Governor of the

Central Bank to serve in an office or position of any Ministry, department, public international financial institution or public corporation which is not a financial institution under this Act.

Part III

Employees of the Central Bank

Part IV

Inflation Target

Part V

Monetary and Other Operations

Part VI

Foreign Exchange Operations and International Reserves

Part VII

Currency and Legal Tender

Part VIII

Payment and Settlement Systems

Part IX

Supervision and Resolution of Financial Institutions

Part X

Macroprudential Authority

Part XI

Financial System Oversight Committee

Part XII

Information Exchange with Financial Sector Authorities

Part XIII

Statistics and Information

Part XIV

Relationship with the Parliament, the Government and the Public

Part XV

Credit Operations

Part XVI

Financial Provisions

Part XVII

Internal and External Audits

Part XVIII

General Provisions

Part XIX

Repeals and Savings