Sri Lanka Consolidated Acts

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Consumer Affairs Authority Act (No. 9 of 2003) - Sect 36

Provisions relating to an investigation under section 34

36.
(1) The Authority may give to all persons including representatives of associations or organizations of consumers interested in a matter which forms the subject of an investigation under section 34, an opportunity of being heard and of producing such evidence, oral or documentary, as in the opinion of the Authority is relevant to such matter.
(2) For the purpose of conducting an investigation under section 33. the Authority shall have. all the powers of a District Court
(a) to issue notices and require the attendance of any witness;
(b) to require the production of documents or records ;and
(c) to administer any oath or affirmation to any witness.
(3) Where any person
(a) without sufficient reason publishes any statement or does anything during the progress or after the conclusion of any investigation, which may bring the Authority or any member thereof, into disrepute ; or
(b) interferes with the lawful process of the Authority ;or
(c) in the course of an investigation
(i) fails without cause, to appear before the Authority at the time and place specified in any notice issued by the Authority to such person ; or
(ii) refuses to be sworn or affirmed or having been duly sworn or affirmed refuses or fails without cause, to answer any questions put to him relating to the matter being investigated by the Authority : or
(iii) refuses or Tails without cause, to produce and show to the Authority any document or record which is in his possession or control, and which in the opinion of the Authority is relevant to the matter being investigated by the Authority,
(4) Where the Authority determines that a person had committed any offence of contempt against or in disrespect of its authority, the Authority may cause the Director-General to transmit to the Court of Appeal a certificate setting out its determination and every such certificate shall be signed by the Chairman of the Authority.
(5) In any proceedings for the punishment of an offence of contempt which the Court of Appeal may think fit to take cognizance of as provided in subsection (3), any document purporting to be a certificate signed and transmitted to the Court of Appeal under subsection (4), shall be prima facie evidence of the facts stated in the determination set out therein, and be conclusive evidence that such determination was made by the Authority.


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