4. The following new section is hereby inserted immediately after section 45, and shall have effect as section 45A, of the principal enactment:-
| 45A.
| | (1) At any inquiry or trial in any court in which a is accused, the corporation may be represented by a pleader or by a person appointed in writing as the representative of the corporation by the managing director, the secretary, or a like officer of the corporation. | | |
| | (2) Where a corporation is represented by a pleader or by any other person appointed in accordance with the provisions of subsection (1) at any inquiry or trial in any court in which the corporation is the accused-
| | | (a) such pleader or other person may answer to the charge against the accused and may, where the consent of the accused is required for any purpose, give or refuse such consent, and may exercise on behalf of the accused all or any of the rights of the accused, and |
| (b) any requirement of this Code that anything shall be done in the presence of, or shall be read or said to, the accused shall be construed as a requirement that such thing shall be done in the presence of, or read or said to, such pleader or other person. |
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| | (3) Where a corporation is not represented by a pleader or any other person appointed in accordance with the provisions of subsection (1) at any inquiry or trial in any court in which the corporation is the accused, the court shall, if the court is satisfied that summons has been served on the corporation in accordance with the provisions of subsection (3) of section 45, have the power to proceed with and conclude the inquiry or trial notwithstanding the fact that the corporation is not represented at the inquiry or trial.", | | |
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Sri Lanka Consolidated Acts