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ANTI-CORRUPTION Act

Arrangement of Sections

1. Short title and date of operation.

2. Objects of the Act.

PART I

Chapter I

ESTABLISHMENT OF THE COMMISSION

3. Establishment of the Commission to Investigate Allegations of Bribery or Corruption.

4. Composition of the Commission.

5. Disqualifications from being a member of the Commission.

6. Removal of a member of the Commission.

7. Resignation of a member of the Commission.

8. Term of office of the members of the Commission.

9. Remuneration of the members of the Commission.

10. Members of the Commission to disclose any interest.

11. Acts not invalidated by reason of a vacancy.

12. Seal of the Commission.

13. Commission to be answerable to Parliament.

14. Quorum of the Commission.

15. Code of Conduct.

16. Responsibilities of the Commission.

CHAPTER II

DIRECTOR-GENERAL AND THE STAFF OF THE COMMISSION

17. Appointment of the Director-General.

18. Powers and functions of the Director-General.

19. Qualifications and disqualifications to be appointed as the Director-General.

20. Resignation of the Director-General from office.

21. Removal of the Director-General.

22. Death, resignation or removal of the Director-General.

23. Term of office of the Director-General.

24. Remuneration of the Director-General.

25. Director-General may delegate powers.

26. Officers and employees of the Commission.

27. Commission to obtain services of other personnel.

28. Declaration to be signed before entering upon duties.

29. Members of the Commission, etc. deemed to be public servants.

30. Protection for actions.

CHAPTER III

FINANCE

31. The Commission to submit annual budget estimates for the incorporation in the national budget.

CHAPTER IV

POWERS AND FUNCTIONS OF THE COMMISSION

32. Appointment, promotion, etc. of the officers etc. of the Commission.

33. Central Authority on declarations of assets and liabilities.

34. Implementation of International Conventions, agreements, obligations etc.

35. Commission to enhance public awareness on corrupt conduct.

36. Monitoring the implementation of anti-corruption policies.

37. Examination of laws, etc. to discover acts of corruption.

38. Advice and provide assistance to public bodies.

39. Provide recommendations to the Government for legislative reforms to minimise corruption etc.

40. Measures to prevent corruption and proper discharge of its functions etc.

41. Investigations.

42. Preliminary inquiry, investigation, and other measures.

43. Complaints of offences.

44. Complainant may know the progress.

45. Search and seizure.

46. Issuance of warrant cards.

47. Arrest of persons without a warrant etc.

48. Procedure after arrest.

49. Examination of persons when conducting an investigation.

50. Obtaining the assistance of experts.

51. Taking of finger impressions, photographs, non-intimate samples, blood samples and voice samples etc.

52. Obtaining the assistance of Magistrates.

53. Restraining orders.

54. Prohibition of dealing with property outside Sri Lanka.

55. Special investigation techniques.

56. Protection and preservation of information.

57. Obtaining information from service providers.

58. Interception of communication.

59. Unlocking of data and information.

60. Assistance in investigations.

61. Joint investigations.

62. Revealing and sharing of information.

63. International cooperation.

64. Summons.

65. Prosecutions.

66. Call any witness, or use or produce any document, which is not specified in the list of witnesses or list of documents.

67. Withdrawal of indictments.

68. Appeals.

69. Requesting the assistance of the Attorney-General.

70. Not to charge or prosecute accomplices.

71. Deferred Prosecution Agreements.

72. General power.

CHAPTER V

PROTECTION OF INFORMERS, wHISTLEBLOWERS, wITNESSES, AND
OTHER PERSONS ASSISTING THE COMMISSION

73. Protection of informers of the Commission.

74. Protection of whistleblowers.

75. Safety of persons assisting the Commission.

76. Immunity to witnesses.

77. Protection of witnesses and persons assisting the Commission and providing legal representation where necessary.

78. Protection of victims’ rights.

PART II

DECLARATION OF ASSETS AND LIABILITIES

79. Objects of this Part.

80. Application of this Part.

81. Duty of persons to whom this Part applies to make declarations of assets and liabilities.

82. When to make declarations of assets and liabilities.

83. Submission process of declarations of assets and liabilities.

84. Verification process.

85. Access to other records.

86. Power to refer declaration of assets and liabilities.

87. Centralized Electronic System.

88. Public access.

89. Access to declarations of candidates of elections.

90. Offences related to the declaration of assets and liabilities.

91. Power of the Commission to call for additional information.

92. Assets and liabilities.

PART III

CHAPTER I

OFFENCES RELATING TO BRIBERY OR CORRUPTION

93. Bribery of Judges of the Supreme Court, Court of Appeal, High Courts, judicial officers, members of tribunals or institutions and persons exercising quasi-judicial powers and Members of Parliament, Provincial Councils and local authorities.

94. Acceptance of gratification by Members of Parliament a Provincial Council or a local authority for interviewing public officials.

95. Illegal access etc. to electronic assets declaration system to be an offence.

96. Bribery of police officers, peace officers and other public officials.

97. Bribery for giving assistance or using influence with regard to contracts.

98. Bribery for procuring withdrawal of tenders.

99. Bribery in respect of Government business.

100. Bribery of public officials by persons having dealings with the Government.

101. Bribery of public officials by persons having dealings with the Government.

102. Bribery of a member of a Provincial Council or a local authority, or of a scheduled institution, or of a governing body of a scheduled institution, and bribery of official of a Provincial Council or a local authority or a scheduled institution or a governing body of such scheduled institution.

103. Use of threats or fraud to influence vote of member of a Provincial Council, local authority, or of a scheduled institution, or of a governing body of a scheduled institution.

104. Trading in influence.

105. Bribery of a foreign public official.

106. Bribery in the private sector.

107. Failure to declare conflicts of interest.

108. Offences relating to sporting events.

109. Accumulation of wealth by an offence under this Act.

110. Gratification.

111. Corruption.

112. An offender under this Act, may be charged with an offence under the Prevention of Money Laundering Act.

113. Acceptance of gratification without power.

114. Additional penalties.

115. Non conviction based forfeiture of property.

116. Offences by body of persons.

117. Employee shall include former employees, etc.

CHAPTER II

PROCEDURAL OFFENCES

118. Contempt.

119. False allegations.

120. Contravening secrecy.

121. Resisting or obstructing duties of Director-General or other officer.

122. False statements, information, etc.

123. Giving false evidence.

124. Falsely pretend one to be an officer.

125. Obstructing justice.

126. Refuses, neglects, or omits to carry out an order of the Commission.

127. Miscellaneous offences.

128. Contravention of the legal obligation to give information.

129. General offence.

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