Sri Lanka Consolidated Acts

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National Prices Commission Law (No. 42 of 1975) - Sect 16

Power to hold inquiries

16.
(1) The Commission may hold such inquiries as it may deem necessary or expedient for the discharge of its functions.
(2) The Commission may give to all persons Interested in any matter which forms the subject of an inquiry 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 purposes of any inquiry 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 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 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 any questions put to him relating to any matters being inquired into 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 matters being inquired into by the Commission,
(5) Where the Commission determines that a person has committed any offence of contempt against or in disrespect of its authority, the Commission, may cause its Secretary-General to transmit to the District Court a certificate setting out its determination; every such certificate shall be signed by the Chairman.
(6) In any proceedings for the punishment of an offence of contempt which the District Court 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 under subsection (5) shall (a) be received in evidence and be deemed to be such a certificate without further proof unless the contrary is proved; and (5) be conclusive evidence that the determination set out in the certificate was made by the Commission and of the facts stated in the determination.
(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 Commission, 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 District Court under section 41 (1) of the Administration of Justice Law, No. 44 of 1973, as though it were an offence of contempt of that Court committed in its presence.


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