Sri Lanka Consolidated Acts

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

Removal of Officers (Procedure) Act (No. 5 of 2002) - Sect 12

Contempt of Committee

12.
(1) An act done or omitted to be done in relation to the Committee whether in the presence of the Committee or otherwise, shall constitute an offence of contempt against, or in disrespect of, the authority of the Committee, if such act, if done or omitted to be done in relation to the Supreme Court, would have constituted an offence of contempt against, or in disrespect of the authority of. such Court.
(2) Any person who
(a) fails without cause which in the opinion of the Committee is reasonable, to appear before the Committee at the time and place mentioned in the summons served under this Act, or
(b) refuses to be sworn or affirmed, or having being duly sworn or affirmed refuses or fails without cause, which in the opinion of the Committee is reasonable, to answer any question put to him touching the matters being inquired into, or investigated by the Committee : or
(c) refuses or fails without cause, which in the opinion of the Committee is reasonable, to comply with the requirements of a notice or written order or direction issued or made to him by the Committee ; or
(d) upon whom summons is served under this Act, refuses or fails without cause, which in the opinion of the Committee is reasonable, to produce and show to the Committee any document or thing, which is in his possession, control or authority and which is in the opinion of the Committee necessary for arriving at the truth of the matters being inquired into or investigated,
(3) Every offence of contempt committed against or in disrespect of the Authority of the Committee shall be punishable by the Supreme Court as though it were an offence of contempt committed against, or in disrespect of the authority of that Court, and the Supreme Court is hereby vested with jurisdiction to try every such offence
(4) Where the Committee determines that a person is guilty of the offence of contempt under subsection (1) or subsection (2) against or in disrespect of its authority, the Committee may transmit to the Supreme Court a certificate setting out such determination , every such certificate shall be signed by the Chairman of the Committee, provided that in the case of an inquiry or investigation with regard to the removal or the Attorney General, the Chief Justice shall take cognizance of such offence of contempt and deal with such offence in the manner and offence of contempt against the Supreme Court would be dealt with
(5)In any proceedings for the punishment of an offence of contempt which the Supreme Court may think fit to take cognizance of, as provided by in this section, any document purporting to be a certificate signed and transmitted to such Court under subsection (4), shall
(a) be received in evidence and be deemed to be such a certificate without further proof , and
(b) be evidence that the determination set out in the certificate and the facts stated in such determination was made by the Committee
(6)In any proceedings taken as provided for in this section lot the punishment of an alleged offence of contempt against or in disrespect of, the authority of the Committee, no member of the Committee shall, and notwithstanding anything to the contrary in this Act, be summoned or examined as a witness


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