Sri Lanka Consolidated Acts

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Commission To Investigate Allegations Of Bribery Or Corruption Act (No. 19 of 1994) - Sect 5

Powers of the Commission

5.
(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;
(e) to direct by notice in writing the Commissioner-General of Inland Revenue to furnish, as specified in the notice, all information available to such Commissioner -General relating to the affairs of any person in respect of whom a communication has been received under section of the spouse or a son or daughter of such person and to produce or furnish, as specified in the notice, any document or a certified copy of any document relating to such person spouse, son or daughter which is in the possession or under the control of such Commissioner-General ;
(f) to direct by notice in writing the person in charge of any department, office or establishment of the Government or the Mayor, Chairman, Governor or chief executive, howsoever designated, of a local authority, Provincial Council, scheduled institution or a company in which the Government owns more than fifty per centum of the shares, to produce or furnish, as specified in the notice, any book, register, record or document which is in his possession or under his control or certified copies thereof or of any entry therein ;
(g) to direct any person in respect of whom communication has been received under section 4 to furnish a sworn statement in writing"
(i) setting out all movable or immovable property owned or possessed at any time, or at such time as may be specified by the Commission, by such parson and by the spouse, son or daughter of such person and specifying the date on which each of the properties so set out was acquired, whether by way of purchase, gift, bequest, inheritance or otherwise ;
(ii) containing particulars of such other matters which in the opinion of the Commission are relevant to the investigation ;
(h) to direct any other person to furnish a strong statement in writing"
(i) setting out all movable or immovable property owned or possessed at any time or at such time as may be specified by the Commission, by such person where the Commission has reasonable grounds to believe that such information can assist an investigation conducted by the Commission ;
(ii) containing particulars of such other matters which in the opinion of the Commission are relevant to the investigation ;
(i) to prohibit, by written order, any person in respect of whom a communication has been received under section 4, the spouse, a son or daughter of such person or any other person holding any property in trust for such first mentioned person, or a company of which he is a director or firm in which he is a partner from transferring the ownership of, or any interest in, any movable or immovable property specified in such order, until such time as such order is revoked by the Commission ; and to cause a copy of such written order to be served on any such authority as the Commission may think fit, including in the case of immovable property, the Registrar of Lands, in the case of a motor vehicle, the Commissioner of Motor Traffic and in the case of shares, stocks of debentures of any company, the Registrar of Companies and the Secretary of such company ;
(j) to require ,by written order, any authority on whom a copy of a written order made under paragraph (i) have been served to cause such copy to be registered or filed in any registered or field in any register to record maintained by such authority.
(k) to require ,by written order the Controller of Immigration and Emigration to impound the passport and other travel documents of any person in respect of whom a communication has been received under section 4, for such period not exceeding three months as may be specified in such written order; and
(l) to require by written order , any police officer as she specified in that order , whether by name or by to take all such steps as may be necessary to prevent the departure from Sri Lanka of any person in of whom a communicate on has been received section 4 for such period not exceeding three mo as may be specified in such order.
(2) the Commission may exercise any power conferred under subsection on (1) and any person to whom the Commission issues any direction in the exercise of such power shall with such direction, notwithstanding anything to the contrary in any law.


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