Declaration of Assets and Liabilities Law to be amended
In addition to the officials and categories of individuals required to disclose their assets and liabilities as specified in the amended Declaration of Assets and Liabilities Law No. 01 of 1975 by Act No. 74 of 1988, Section 80 of the Anti-Corruption Act No. 09 of 2023 introduces provisions for further disclosure by various other officials and categories of individuals. The necessity for disclosing liabilities is emphasized.
According to this recent amendment, the President, Prime Minister, Members of Parliament, Provincial Governors, Provincial Council Members, and officers of the Provincial Public Service, elected representatives, and officers of Local Government bodies, as well as judges and government officials appointed by the President, are mandated to disclose their assets and liabilities. This requirement extends to members and officers of ministries and government departments, as well as individuals appointed under Article 41A(1)(e) of the Constitution who are not Members of Parliament.
Additionally, it applies to chairpersons or members of specified Commissions outlined in the Schedule to Article 41B of the Constitution, staff officers of the Central Bank of Sri Lanka and State Banks established under Article 41A(1)(c) of the Constitution or any relevant statute. Staff officers of independent commissions, chairpersons, commissioners, members, and staff officers of independent regulatory and supervisory commissions, or personnel boards established under any statute, along with chairpersons, directors, and members of boards of public corporations established under any statute, are also included. Furthermore, it pertains to executive officers and members of the personal staff of Members of Parliament, Provincial Council Members, and members of Local Government bodies.
Additionally, this encompasses the officers of the Sri Lanka Army, as established and governed by the Army Act (authority 357), the officers of the Sri Lanka Navy, established and governed by the Navy Act (authority 359), and the Commissioned officers of the Sri Lanka Air Force, established and governed by relevant legislation. It also includes individuals under the jurisdiction of the Election of the President Act No. 15 of 1981, the Parliamentary Elections Act No. 1 of 1981, and the Provincial Council Elections Act No. 2 of 1988 (authority 262). Furthermore, it extends to office-bearers of recognized political parties for the purposes of the Local Government Elections Ordinance or the Trade Unions Ordinance (authority 138), as well as Executive Officers of Registered Trade Unions (authority 138). Candidates nominated for election under the Local Government Polls Ordinance, as well as chairpersons, directors, and staff officers of companies registered under the provisions of the Companies Act No. 07 of 2007, where a government corporation holds at least 25% of the shares, are also covered.
Furthermore, individuals falling under specific designations such as Heads of State Missions of Sri Lanka, Officials appointed by the Cabinet to State Missions of Sri Lanka (authority 180), Proprietors, editors, and members of the editorial board of newspapers registered under Section 2 of the Newspaper Ordinance, No. 25 of 1991, Owners of media companies, editors, and members of the editorial board, office bearers of national sports associations established under the Sports Act No. 25 of 1978, and certain officials licensed under Section 17 of the Telecommunications Act of Sri Lanka, are subject to asset and liability declaration requirements due to the nature of their positions and the potential risk of bribery or corruption.
Moreover, the relevant legislation mandates the establishment of a centralized electronic system for declaring assets and liabilities. Amendments have been introduced to the declaration process to align with the provisions of the new Act until the electronic system is fully operational.
In accordance with the Anti-Corruption Act No. 09 of 2023, the Bribery or Corruption Allegations Investigation Commission has published a circular outlining the procedures for declaring assets and liabilities, along with revised declaration forms, on their website (www.ciaboc.gov.lk) on 01.03.2024. Interested parties can download the necessary documents from this date onwards.
Until further instructions are provided, the Commission to Investigate Allegations of Bribery and Corruption urges concerned officials to promptly submit their asset and liability declarations as per the guidelines outlined in the aforementioned circular.
