Sri Lanka Consolidated Acts

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Companies Act (No. 17 of 1982) - Sect 430

Production and inspection of books where offence suspected

430.
(1) Where on an application made to a Magistrate in chambers by the Attorney-General, the Registrar or any officer of police not below the rank of Assistant Superintendent, there is shown to be reasonable cause to believe that any person has, whilst being an officer of a company, committed an offence in connection with the management of the company's affairs and that evidence of the commission of the offence is to be found in any books or papers of or under the control of the company, an order may be made
(a) authorizing any person named therein to inspect the said books or papers or any of them for the purpose of investigating and obtaining evidence of the offence; or
(b) requiring the secretary of the company or such other officer thereof as may be named in the order to produce the said books or papers or any of them to a person named in the order at a place so named.
(2) The provisions of subsection (1) shall apply also in relation to any books or papers of a person carrying on the business of banking so far as they relate to the company's affairs, as it applies to any books or papers, of or under the control of the company, except that no such order as is referred to in paragraph (b) of that subsection shall be made by virtue of the provisions of this subsection.
(3) An appeal shall not lie from a decision of a Magistrate on an application made under the provisions of this section.


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