17.
| (1) Any person who, in the course of any transaction relating to. a public contract or at any stage in the duration of such contract-
| | (a) offers or gives any gratification of any form whatsoever; | | |
| | (b) intentionally makes any misrepresentation; | | |
| | (c) makes over, gives or transfers any movable or immovable property; | | |
| | (d) offers or gives any scholarship, reward or any other form of benefit or consideration whether in Sri Lanka or elsewhere, | | |
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| (2) Where a person convicted of an offence under subsection (1) is a person registered under this Act, such person in addition to any penalty imposed under subsection (1), shall be liable to a further penalty equal to an amount imposed under that subsection. |
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| (3) Where in the course of any transaction relating to a public contract the Registrar or any member of the Panel or a Tribunal or any member of a public body or of a technical committee, tender board or evaluation board of such body, or any officer or employee thereof, or any State officer or any other person has accepted any inducement or gratification of any form whatsoever, or has accepted or received any movable or immovable property or has' accepted or received any scholarship, reward or any other form of benefit or consideration offered, made or given in contravention of subsection (1) whether in Sri Lanka or elsewhere such Registrar, member, officer, employee, State officer or any other person shall be guilty of an offence and be liable on conviction to a penalty of not less than one hundred thousand rupees and to imprisonment for a term not less than two years and not exceeding five years. |
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| (4) Where in any proceeding under this section evidence has been adduced that an inducement, gratification, transfer of movable or immovable property or a scholarship, reward or any other form of benefit or consideration has acted as a material factor in the award of a public contract and in consequence thereof the Registrar or any member of the Panel or a Tribunal, a public body or of a technical committee, tender board or evaluation board of such body or any employee or officer thereof or any State officer or any other person derived any direct or indirect material advantage or benefit it shall be presumed in the absence of proof to the contrary that an inducement, gratification. transfer of movable or immovable property or award of a scholarship or any other form of benefit or consideration was offered or made or given for the purpose of inducing the person to whom it was made to enter into such public contract. |
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Sri Lanka Consolidated Acts