COMMISSION TO INVESTIGATE ALLEGATIONS OF BRIBERY OR CORRUPTION ACT

Arrangement of Sections

1. Short title.

PART I

2. Commission to Investigate Allegations of Bribery of Corruption.

PART II

3. Function of the Commission.

4. Communication to the Commission.

5. Powers of the Commission.

6. Right of Commission to refer to declarations of assets and liabilities made under the Declaration of Assets and Liabilities Law, No. 1 of 1975.

7. Commission may authorise search.

8. Summon.

9. Privileges and immunities of persons appearing before the Commission.

10. Costs and expenses.

11. Commission to direct institution of criminal proceedings in certain cases.

12. Indictment under the hand of the Director-General receivable in High Court.

13. Officers of Commission entitled to conduct Prosecutions in High Court.

14. Contradictory statements.

15. Admissibility of statements made to the Commission in trials for offences under the Bribery Act or the Declaration of Assets and Liabilities Law, No. 1 of 1975.

PART III

16. Director-General for the Prevention of Bribery and Corruption and staff of the Commission.

17. Duty to maintain secrecy.

18. Members of deemed to be public Servant.

19. Protection of action.

PART IV

20. Punishment for contempt.

21. False allegation as offence.

22. Breach of Provision regarding secrecy an offence.

23. Miscellaneous offences.

24. Writ jurisdiction to be exercised by the Supreme Court in relation to the Commission.

25. Transitional provisions.

26. Reports of the Commission.

27. Sinhala text to prevail in case of inconsistency.

PART V

28. Interpretation.

19 of 1994.

AN ACT to provide for the establishment of a permanent Commission to Investigate Allegations of Bribery or Corruption and to direct the institution of prosecutions for offences under the bribery act and the declaration of assets and liabilities law no. 1 of 1975; and for matters connected therewith or incidental thereto.

[Date of Commencement: 27th October, 1994]

1. Short title.

This Act may be cited as the Commission to Investigate Allegations of Bribery or Corruption Act.

PART I

2. Commission to Investigate allegations of bribery of corruption.

(1) There shall be established, for the purposes of this Act, a Commission (hereinafter referred to as "the Commission”) to investigate allegations of bribery or corruption made to the Commission in accordance with the succeeding provisions of this Act and to direct the institution of prosecutions under the Bribery Act and the Declaration of Assets and liabilities Law, No. 1 of 1975.

(2) —

(a) The Commission shall consist of three members, two of whom shall be retired Judges of the Supreme Court or of the Court of Appeal and one of whom shall be a person with wide experience relating to the investigation of crime and law enforcement.

(b) The members of the Commission shall be appointed by the President, on the recommendation of the Constitutional Council:

Provided however, that during the period commencing on the appointed date and ending on the date on which the Constitutional Council is established, members of the Commission shall be appointed by the President on the recommendation of the Prime Minister in consultation with the Speaker.

(3) The President shall appoint as Chairman of the Commission, one of the members of the Commission who is a retired Judge of the Supreme Court or of the Court of Appeal.

(4) A member of the Commission may resign his office by letter in that behalf addressed to the President.

(5) —

(a) a member of the Commission shall not be removed from office order of the President made after an address of Parliament. supported by a majority of the total number of Members of Parliament (including the not present) has been presented to the President for such removal on the ground of proved misconduct or incapacity:

Provided however that no resolution on for the presentation of such an address shall be entertained by the Speaker or placed on the Order Paper of Parliament, unless notice of such resolution is signed by not less than one-thirds of the total number of Members of Parliament and sets out full particulars of the misconduct or incapacity.

(b) the procedure for the presentation and passing of an address of Parliament for the removal of a. Judge of the Supreme Court or the Court of Appeal shall apply in all respects to the presentation and passing of an address of Parliament for the removal of a member of the Commission.

(6) Every member of the Commission, unless he earlier vacates office by death, resignation or removal, hold office for a period of five years and shall not be eligible for reappointment:

Provided however that the term of office of a number appointed in the place of a member who dies, resigns or is removed from office shall be the unexpired period of the term of office of the member whom be succeeds.

(7) The salaries of the members of the Commission shall be determined by Parliament, shall be change on the Consolidated Fund and shall not be diminished during their terms of office.

(8) The members of the Commission may exercise the powers conferred on the Commission either sitting together or separately of the Commission.

PART II

3. Function of the Commission.

The Commission shall subject to the other provision of this Act, Investigate allegations, contained in communications made to it under section 4 and where any such investigation discloses the commission of any offence by any person under the Bribery Act or the Declaration of Assets and Liabilities Law No. 1 of 1975, direct the institution of proceedings such person for such offence in the appropriate court.

4. Communication to the Commission.

(1) An allegation of bribery or corruption may be made Communications against a person (whether or not such person is holding on the to the date on which the communication is received by the Commission, the office or employment by virtue of holding which he is alleged to have committed the act constituting bribery or corruption) by a communication to the Commission, or a person may by a communication on to the Commission, draw the attention of the Commission to any recent acquisitions of wealth or property or to any recent financial or business dealings or to any recent expenditures by a person (whether or not such person is holding any office or employment on the date on which such communication is received by the Commission) which acquisitions, dealings or expenditures are to the knowledge of the person making such communication not commensurate with the known sources of wealth or income of such person.

(2) Upon receipt of a communication under subsection (1)
Commission, if it is satisfied that such communication is genuine and that the communication discloses material upon which an invest get on ought to be conducted, shall conduct investigation as may be necessary for the purpose of deciding upon all or any of the following matters:

(a) prosecution or other suitable action under the provisions of the Bribery Act or the Declaration of Assets and Liabilities Law, No. 1 of 1975; or

(b) prosecution under any other Law.

and where the Commission decides, whether before or after the conduct of an investigation, that a communication received by it should be dealt with by any other authority, it may forward such communication to such other authority.

(3) the Commission shall have the power to investigate any matters disclosed by a communication received by it under subsection (1) whether or not such matters relate to a period prior to the appointed date and notwithstanding anything to the contrary in any other law.

5. Powers of the Commission.

(1) For the purpose of discharging the functions assigned to it by this Act, the Commission shall have the power­—

(a) to procure and receive all such evidence, written or oral, and to examine all such persons as the Commission may think necessary or desirable to procure, receive or examine;

(b) to require any person to attend before the Commission for the purposes of being examined by the Commission and to answer, orally on oath or affirmation, any question put to him by the Commission relevant in the opinion of the Commission, to the matters under investigation or require such person to state any facts relevant to the matters under investigation in the form of an affidavit;

(c) to summon any person to produce any document or other thing in his possession or control;

(d) to direct by notice in writing the Manager of any back produces within such time as may be specified in the notice, any book, document or cheque of the back containing entries relating to the account of any person in respect of whom a communication has been under section 4 or of the spouse or a son or daughter such person, or of a company of which such person Director, or of a trust in which such person beneficial interest or of a firm of which such person partner, or to furnish as so specified, certified copies of such book, document, cheque or of any entry therein;

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