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As enacted
Contents

Part I · General Provisions and Offences

32. Protection of informants and whistleblowers

Official English translation. The Sinhala text prevails.

(1)

A person who has discharged his statutory duty under and in terms of section 31 or a whistleblower, shall be entitled to claim from the Police Designated

Officer or the Designated Officer of the Commission to

Investigate Allegations of Bribery or Corruption to whom the information was provided that his identity shall not be disclosed.

(2)

A person who has discharged his statutory duty in terms of section 31 or a whistleblower shall, if he perceives or receives any threat or harm to his person, family or property, or damage to his reputation, be entitled to receive protection under and in terms of the Assistance to and Protection of

Victims of Crime and Witnesses Act.

(3)

No person who has discharged his duty in terms of section 31 or a whistleblower shall by virtue of such discharge of statutory duty or being a whistleblower be subject to disciplinary action or an adverse change in the terms and conditions of his employment.

(4)

Notwithstanding any prohibition of or restriction on the disclosure of information under any other law, contract, oath, or practice, a person who has provided information under section 31 or a whistleblower shall not be subject to detrimental action on account of having provided such information.

(5)

No person shall be subject to any civil or criminal liability as a result of providing such information under section 31 or as a whistleblower.

(6)

An Investigation Officer or any other person who may be called to testify in any judicial proceedings shall not be compelled to reveal the identity of any person who has discharged his statutory duty in terms of section 31 or a whistleblower.

(7)

Any provision in a letter of appointment issued to an employee or any direction issued to an employee or any clause in a contract of or for services or any other agreement between an employer, an employee, independent contractor or any other service provider, is void in so far as it -

(a)

excludes or purports to exclude any provision of this Act;

(b)

prohibits, prevents, or obstructs the fulfilment of any duty contained in this Act; or

(c)

purports to preclude or discourage the performance of any act to the extent required by this Act.

(8)

Any person who wilfully acts in contravention of the provisions of subsections (3) and (4) of this section commits an offence and shall be punished on conviction before a

Magistrate with imprisonment for a period not exceeding five years and with a fine not exceeding one million rupees.

The provisions of section 306 of the Code of Criminal

Procedure Act shall not be applicable with regard to such sentence of imprisonment.

Part II

Investigation Into Proceeds of Crime, Restraint And Seizure

Part III

Judicial Freezing of Proceeds of Crime

Part IV

Protection, Preservation and Management of Proceeds of Crime

Part V

Proceeds of Crime Management authority

Part VI

Forfeiture of Frozen Proceeds of Crime And Related Proceedings

Part VII

Civil Remedy For Victims Of Crime

Part VIII

Disposal Of Forfeited Proceeds Of Crime And The Utilization Of The Value Derived Thereof

Part IX

Victims Of Crime Reparation Trust Fund

Part X

International Cooperation

Part XI

Miscellaneous Provisions

Schedules