Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Fair Trading Commission Act (No. 1 of 1987) - Sect 10

Power to hold inquiries and investigations

10.
(1) The Commission may-
(a) hold such inquiries where necessary or expedient in the discharge of its functions under this Act; and
(b) hold investigations under section 11.
(2) The Commission may give to all persons including representatives of associations or organizations of consumers interested in a matter which forms the subject of an inquiry or investigation as the case may be, held under this section, an opportunity of being heard and of producing such evidence, oral or documentary, as in the opinion of the Commission is relevant to such matter.
(3) For the purpose of any inquiry or investigation, as the case may be, held by the Commission under the provisions of subsection (1), the Commission shall have all the powers of a District Court-
(a) to summon and compel the attendance of any witness;
(b) to compel the production of documents; and
(c) to administer any oath or affirmation to any witness.
(4) Where any person-
(a) without sufficient reason publishes any statement or does anything during the progress or after the conclusion of any inquiry or Investigation, as the case may be, conducted by such Commission, which may bring the Commission or any member thereof into disrepute ; or
(b) interferes with the lawful process of the Commission; or
(c) in the course of an inquiry or investigation, as the case may be, held under the provisions of subsection (1)
(i) fails without cause, which in the opinion of the Commission is reasonable, to appear before the Commission at the time and place specified in any summons issued by the Commission to such person; or
(ii) refuses to be sworn, or having been duly sworn, refuses or fails without cause, which in the opinion of the Commission is reasonable, to answer and questions put to him relating to any matters being inquired into or investigated as the case may be, by the Commission; or
(iii) refuses or fails without cause, which in the opinion of the Commission is reasonable, to produce and show to the Commission any document which is in his possession or power, and which in the opinion of the Commission is relevant to any matter being inquired into investigated as the case may be, by the Commission,
(5) Where the Commission determines that a person had committed any offence of contempt against or in disrespect of its authority, the Commission may cause its Secretary General to transmit to the Court of Appeal a certificate setting out its determination and every such certificates shall be signed by the Chairman of the Commission.
(6) 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 (8), any document purporting to be a certificate signed and transmitted to the Court of Appeal under subsection (5) shall be evidence of the facts stated in the determination set out therein, and be conclusive evidence that such determination was made by the Commission.
(7) In any proceedings taken as provided in subsection (8) for the punishment of any alleged offence of contempt against or in disrespect of the authority of the Commissions no member of the Commission shall, except with his own consent, be summoned and examined as a witness.
(8) Every offence of contempt committed against or in disrespect of the authority of the Commission shall be punishable by ,the Court of Appeal.


[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]