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

92. Resignation and removal of a Receiver and a Special Manager

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

(1)

A Receiver or a Special Manager appointed under this Act may resign for cause to be shown:

Provided however, the High Court may for reasons to be recorded refuse to accept the resignation of the Receiver or the Special Manager as the case may be, and may direct such Receiver or Special Manager to perform such tasks as may be necessary for the due protection, preservation and management of the property and to finalize the accounts relating to such functions as may have been performed by such Receiver or a Special Manager:

Provided further, the High Court may also withhold the acceptance of the afore-stated resignation up until the appointment of a succeeding Receiver or a Special Manager.

(2)

A Receiver or a Special Manager may be removed by the High Court on one or more of the following grounds-

(a)

the name of the Receiver or the Special Manager having been removed from the register of the registered Receivers and Special Managers; and

(b)

following an inquiry, the High Court having arrived at the finding that the Receiver or the

Special Manager has -

(i)

acted contrary to the provisions of this Act or any other law or in a manner contrary to directions issued by the High Court;

(ii)

intentionally acted in a manner detrimental to the value of the property;

(iii)

committed an offence in respect of the property;

(iv)

acted in bad faith;

(v)

acted in collusion with the person from whom the property had been seized;

(vi)

acted without due diligence; or

(vii)

acted in a manner defeating the purposes of this Act.

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