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As enacted
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Contents

Part XV · Offences and Penalties

64. Financial misconduct by public officers and governing body of a public entity

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

(1)

An officer or an employee of a public entity to whom a power or duty is conferred or assigned under this

Act or any regulation or rule made thereunder who willfully or negligently makes or permits an unlawful, unauthorized, irregular or wasteful expenditure or misapplication of public finance or public property by an act or omission, shall commit the act of financial misconduct and shall be liable to disciplinary action.

(2)

The Head of the relevant public entity shall take, or in the event that he is not the disciplinary authority of the officer alleged to have committed the financial misconduct, shall immediately inform the disciplinary authority of the disciplinary action against the officer or employee who is liable to the financial misconduct under subsection (1).

(3)

(a)

Where an offence under this Act or any regulation or rule made thereunder is committed by a body of persons, if such body of persons is -

(i)

a body corporate, every director and officer of such body corporate including the chief executive officer, the principal executive officer or the chief administrative officer as the case may be of that body corporate; or

(ii)

a partnership, every partner of such partnership, shall be deemed to have committed that offence.

(b)

The Secretary of the Ministry of the relevant

Minister shall immediately take disciplinary action against the body of persons who is liable for the financial misconduct under paragraph (a):

Provided that any officer or body of persons as the case may be, shall not be deemed to have committed such offence, if such person proves to the satisfaction of the disciplinary authority that such offence was committed without his knowledge or that such person exercised all due diligence as was necessary, to prevent the commission of such offence.

Read on from s 65

Part XVI

Miscellaneous Provisions

Read on from Part XVI

Part XVII

Repeals

Read on from Part XVII

Part XVIII

Interpretation

Read on from Part XVIII