11. Amendment of section 13 of the principal enactment

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

Section 13 of the principal enactment is hereby amended as follows:—

(1)

by the repeal of subsection (1) therof and the substitution therefor of the following:—

“(1) Subject to the provisions of subsection (2), where a person is convicted of an offence under section 3 of this Act, the Court convicting such person shall, make order that any account, property or investment, owned, possessed or under the control of such person which has been derived or realized directly or indirectly from any unlawful activity, any income or profit earned on such account, property or investment and any instrumentalities used in the commission of such unlawful activity, be forfeited to the State free from all encumbrances.”;

(2)

by the insertion immediately after subsection (1)

thereof of the following new subsections:—

“(1A) Where such account, property, investment, income, profit or instrumentalities cannot be found or traced the Court convicting such person shall order him to pay to the State the equivalent value of such account, property, investment, income, profit or instrumentalities.

(1B)

Where such person fails to pay such equivalent value, the Court shall, in accordance with the provisions of the Code of Criminal

Procedure Act, No. 15 of 1979, order him to pay such value as a fine within such period as may be specified by Court.”;

(3)

in subsection (2) thereof by the substitutions for the words “a bona fide interest in such property.”

of the words “a bona fide interest in such property, or investment or any income or profit earned on such property or investment.”;and

(4)

in subsection (4) thereof by the substitution for the words “any movable or immovable property belonging to the person” of the words “any property belonging to the person”.

Read on from s 12