Sri Lanka Consolidated Acts

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Consumer Affairs Authority Act (No. 9 of 2003) - Sect 20

Investigation into a reference made under section 19

20.
(1) Where any reference is made to the Council by the Director-General under section 19, the Council shall cause such reference to be brought to the notice of such persons, who in the opinion of the Council would have an interest in the proposed investigation to be carried out by it on such reference, and shall further give such persons adequate notice of the date on which the investigation is scheduled to commence.
(2) For the purpose of. carrying out an investigation, the Council may by notice in writing require any person or any one authorized by such person, to produce such documents as may be specified in the notice, and at such time and place as mentioned therein, which are under the custody or control of such person and which relates to the matter under investigation.
(3) At the conclusion of an investigation, the Council shall, subject to the provisions of section 21, cause its decision with its reasons to be published in such manner as it shall consider appropriate, and submit a report on such investigation to the Director-General as required under subsection (2) of section 19.
(4) Where the Council concludes that the goods are being sold or the services are being provided at an excessive price, it shall recommend to the Authority in writing the maximum price above which such goods should not be sold or such services should not be provided or the price structure in accordance with which such maximum price shall be fixed.
(5) On receipt of the recommendations of the Council under subsection (4), the Authority shall, by order published in the Gazette, fix the maximum price above which the goods shall not be sold or the services shall not be provided. Every order made under this subsection shall come into operation on the date of publication of such Order in the Gazette.
(6) Nothing in this section shall be construed as precluding the Council from proceeding with a subsequent investigation which relates wholly or partly to the same matter which was the subject matter of a previous investigation carried out under this section.
(7) Any person aggrieved by an order made by the Authority under subsection (5) may appeal against such decision to the Court of Appeal.
(8) Any document produced in compliance with a notice issued under subsection (2) shall be considered confidential, and nothing contained in such document shall be disclosed to any person by the Council, except where it ;is required to do so under any law.


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