Skip to content
As enacted
Contents

Part X · Offences and Penalties

60. Penalty for contravention of the Act

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

(1)

Any person who contravenes or fails to comply with any provision of this Act, other than section 53, any directive or rule made thereunder commits an offence under this Act and where for which no other punishment is expressly provided for in this Act, shall be liable on conviction after summary trial by a Magistrate to a fine not exceeding rupees five million or to imprisonment of either description for a term not exceeding five years or to both such fine and imprisonment.

(2)

Where an offence under this Act is committed by a body of persons, then-

(a)

if that body of persons is a body corporate, every director, manager, officer or secretary of that body corporate;

(b)

if that body of persons is a partnership, every partner of such partnership; or

(c)

if that body of persons is an unincorporated body other than a partnership, every member of such body, shall be deemed to be guilty of that offence:

Provided that, a director, manager, officer or secretary of such body corporate or a partner of such partnership or a officer of a unincorporated body, shall not be deemed to be guilty of such offence if he proves that such offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.

(3)

Any person who abets, conspires or attempts to commit an offence under this Act commits an offence and shall be punishable in the same manner as punishable for the substantive offence under this Act.

(4)

A director, manager or secretary of a body corporate or a partner of a partnership or a member of an unincorporated body ordered to pay a fine by a Magistrate under this Act, commits an offence if he applies any funds of such body corporate, partnership or unincorporated body, as the case may be, for the payment of such fine or part thereof.

Part XI

Finance

Part XII

General

Part XIII

Transitional Provisions

Schedules