Proceeds of Crime Act 2025 · As enacted · Part I · General Provisions and Offences
43. Powers of the Commission to Investigate Allegations of Bribery or Corruption under this Act
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
The Commission to Investigate Allegations of
Bribery or Corruption shall have the power to authorize either generally or on a case-by-case basis, the performance of duties and the exercise of powers conferred on the
Director-General of the Commission as the Designated
Officer of the Commission to Investigate Allegations of
Bribery or Corruption for the purposes of this Act.
The Commission to Investigate Allegations of Bribery or Corruption shall have the power to –
authorize the making of applications to the High
Court to obtain orders for judicial freezing of proceeds of crime;
direct the institution of criminal proceedings for offences committed under this Act;
authorize the making of applications for forfeiture of proceeds of crime;
take necessary steps to make any applications in terms of this Act and any applications ancillary thereto in any court ;
instruct an Attorney-at-Law of the Commission, request the Attorney-General to appoint an
Attorney-at-Law of the Attorney-General’s
Department or retain the services of any
Attorney-at-Law to appear on behalf of the
Director-General and represent the Commission with regard to matters stated in paragraphs (a), (b), (c) and (d) of this subsection; and
obtain and act upon legal advice of the Attorney-General with regard to the performance of the functions of the Commission under this Act and with regard to the functions of the Designated
Officer and Investigation Officers of the
Commission.
For the purposes of this Act, the Commission shall have power to designate any officer of the Commission as an
Investigation Officer, who shall thereafter perform functions and exercise powers under this Act vested in Investigation
Officers.
For the purposes of achieving the objectives of this
Act including the due performance of the functions of the Designated Officer of the Commission to Investigate
Allegations of Bribery or Corruption and the Investigation
Officers of the Commission, the Commission shall in consultation with the Designated Officer appoint such other officers of the Commission to advise and assist the
Designated Officer and Investigation Officers.
The designation of an officer of the Commission as an Investigation Officer for the purposes of this Act shall not preclude such officer from performing any functions and powers entrusted to him by the Anti-Corruption Act or administratively vested in him by the Commission.
The Commission shall have the power to refer any matter to the Attorney-General, and in such situations, the
Attorney-General shall exercise powers conferred on him by this Act and by the Code of Criminal Procedure Act subject to general or case specific instructions issued by the
Commission.
If in the course of conducting an investigation into proceeds of crime or taking any step under this Act pertaining to such proceeds of crime, the committing of an offence which is not contained in the Anti-Corruption
Act is disclosed, the Commission shall refer the alleged committing of such offence to the Inspector General of
Police to take action in terms of the law:
Provided however, if the committing of an offence under this Act is disclosed the Commission shall take necessary actions in that regard in terms of this Act.
The quorum of the Commission to exercise its powers and discharge its functions under this Act shall be two members of whom one shall be a Commissioner who is an Attorney-at-Law.
In this Act wherever there is a reference to the functions and powers of the Attorney-General such reference shall be read as a reference to the Director-General of the Commission to Investigate Allegations of
Bribery or Corruption where such powers and functions relate to proceeds of crime emanating from unlawful activities which come within the investigative and prosecutorial competence of the Commission to Investigate
Allegations of Bribery or Corruption. The Director-General of the Commission to Investigate Allegations of Bribery or Corruption shall discharge such functions and exercise powers subject to general or case specific directions of the
Commission.
In this Act where there is a reference to the functions and powers of a Designated Officer such reference shall be read as a reference to the Director-General of the
Commission to Investigate Allegations of Bribery or
Corruption, where such powers and functions relate to proceeds of crime emanating from unlawful activities which come within the investigative and prosecutorial competence of the Commission to Investigate Allegations of
Bribery or Corruption.
In this Act where there is a reference to the functions and powers of an Investigation Officer such reference shall be read as a reference to an authorized officer of the Commission to Investigate Allegations of Bribery or
Corruption, where such powers and functions relate to proceeds of crime emanating from unlawful activities which come within the investigative and prosecutorial competence of the Commission to Investigate Allegations of Bribery or
Corruption.
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