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As enacted
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Contents

Part IV · Protection, Preservation and Management of Proceeds of Crime

82. Appointment of the Authority, a Receiver or a Special Manager

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

(1)

For the purpose of effective protection, preservation and management of any frozen proceeds of crime, the High

Court shall appoint the Authority, a Receiver or a Special

Manager if-

(a)

the Investigation Officer applies to Court for the appointment of a person for the protection, preservation and management of a seized or frozen property as provided in this Act; and

(b)

the Court considers the circumstances pertaining to the seized or frozen proceeds of crime to necessitate the appointment of the Authority or a Receiver or a Special Manager as it shall be necessary for the effective protection, preservation and management of such property:

Provided however, in instances where the

Investigation Officer does not make an application for the appointment of the Authority or a Receiver or a Special

Manager, and the Court upon the consideration of the nature, value and attendant circumstances pertaining to the property that has been seized or frozen is of the view that the appointment of the Authority or a Receiver or a Special

Manager is necessary, the Court shall at its discretion confer the responsibility of protecting, preserving and managing the property to the Authority or make an appointment of a

Receiver or a Special Manager in terms of this Part of this

Act.

(2)

Ordinarily an order authorizing the Authority or the appointment of a Receiver or a Special Manager shall be made after an order judicially freezing the suspected proceeds of crime, due to the circumstances to be recorded:

Provided however the High Court may make order authorizing the Authority or appoint a Receiver or a Special

Manager to protect, preserve and manage the property, pending an order being made regarding the judicial freezing of the suspected proceeds of crime, if such property has been restrained or seized, and proceedings have been instituted in the High Court for the judicial freezing of the suspected proceeds of crime.

(3)

Upon taking into consideration of the value, nature and other relevant attendant circumstances pertaining to the restrained, seized or frozen property, including whether the cost of protection, preservation and management of the property would exceed the value of the property, the Court may as an alternative to the appointment of a Receiver or a Special Manager, direct the Investigation Officer to take necessary measures to protect, preserve and manage such property as far as it may be reasonably possible.

Read on from s 83

Part V

Proceeds of Crime Management authority

Read on from Part V

Part VI

Forfeiture of Frozen Proceeds of Crime And Related Proceedings

Read on from Part VI

Part VII

Civil Remedy For Victims Of Crime

Read on from Part VII

Part VIII

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

Read on from Part VIII

Part IX

Victims Of Crime Reparation Trust Fund

Read on from Part IX

Part X

International Cooperation

Read on from Part X

Part XI

Miscellaneous Provisions

Read on from Part XI

Schedules