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As enacted
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Part VII · Appointment of Experts to Assist Investigations and Their Powers

33. Appointment of experts to assist investigations

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

(1)

The Minister may, in consultation with the

Minister assigned the subject of Justice, appoint, by Order published in the Gazette, any public officer or an employee of a Government department, public corporation or a

Government company, having the required qualification and experience in electronic engineering or software technology

(hereinafter referred to as an “expert”) to assist the

Commission in the investigation of an offence under this

Act.

(2)

For the purposes of this section-

“expert” includes-

(a)

any member of the staff of any university who possesses the prescribed qualification and, who is nominated by the Vice-Chancellor of the relevant university;

(b)

any public institution which in the opinion of the relevant university possesses the prescribed qualification and is nominated by the

Vice-Chancellor of such university:

Provided that where an “expert” cannot be identified in terms of paragraph (a) or (b) above the Minister may, in consultation with the

Vice-Chancellor of the relevant university appoint any other institution which satisfies the prescribed qualification;

“Government company” means a company registered or deemed to be registered under the

Companies Act, No. 07 of 2007 in which the

Government or a public corporation or local authority holds fifty per centum or more of the shares of that company;

“university” means any university established under the Universities Act, No. 16 of 1978.

(3)

The qualification and experience (having regard to the specific areas of expertise) required to be fulfilled by an officer appointed under subsection (1) and the manner and mode of appointment and the conditions of appointment of such officer shall be as prescribed.

(4)

For the purpose of an investigation under this Act, an expert called upon to assist the Commission shall, have the power to-

(a)

enter upon any premises along with a police officer not below the rank of a sub-inspector;

(b)

access any information system, computer or computer system or any programme, data or information held in such computer to perform any function or to do any such other thing;

(c)

require any person to disclose any traffic data;

(d)

orally examine any person; and

(e)

do such other things as may be reasonably required, for the purposes of this Act.

(5)

An expert shall be paid such remuneration as may be determined by the Minister in consultation with the Minister assigned the subject of Finance.

(6)

An expert may be called upon to assist the Commission or any police officer in the investigation of an offence under this Act and it shall be duty of the expert to render all such assistance as may be required for the purposes of such investigation. Where any proceedings have been commenced consequent to the findings of an investigation, it shall be the duty of the expert to make available for the purposes of such proceedings, any information, data.

material or other matter that may be obtained by him in the course of such investigation.

Read on from s 34

Part VIII

Finance

Read on from Part VIII

Part IX

General

Read on from Part IX

Schedules