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As enacted
Contents

Part VII · General

39. Offences

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Every person who–

(a)

deliberately obstructs the provision of information or intentionally provides incorrect, incomplete or inaccurate information;

(b)

destroys, invalidates, alters or totally or partially conceal information under his or her custody, or to which he or she has access to or knowledge of due to the exercise of his or her employment in such public authority;

(c)

fails or refuses to appear before the

Commission when requested to do so by the

Commission;

(d)

appears before the Commission, and fails or refuses to be examined by the Commission or to produce any information which is in that persons possession or power or deliberately provides false information under oath or affirmation;

(e)

fails or refuses to comply with or give effect to a decision of the Commission;

(f)

resists or obstructs the Commission or any officer or other employee of the Commission, in the exercise of any power conferred on the

Commission or such officer or employee, by this Act;

(g)

discloses any information in contravention of the provisions of section 12(7) of this Act, commits an offence under this Act and shall on conviction after summary trial by a Magistrate be liable to a fine not exceeding fifty thousand rupees or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

(2)

Any officer whose assistance was sought for by an information officer under section 23(3) and who fails without reasonable cause to provide such assistance, shall commit an offence under this Act, and shall on conviction after summary trial by a Magistrate be liable to a fine not exceeding ten thousand rupees.

(3)

A fine imposed for the commission of an offence referred to in subsection (1) or (2) of this section, shall be in addition to and not in derogation of any disciplinary action that may be taken against such officer by the relevant authority empowered to do so.

(4)

A prosecution under this Act shall be instituted by the Commission.