Sri Lanka Consolidated Acts

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Registration Of Persons Act (No. 32 of 1968) - Sect 35

Failure to obey summons, to give evidence. &c

35.
(1) If any person upon whom a summons is served, or caused to be served, by a Tribunal-
(a) fails without cause, which in the opinion of the Tribunal is reasonable, to appear before the Tribunal at the time and place mentioned in the summons; or
(b) refuses to be sworn or, having been duly sworn, refuses or fails without cause, which in the opinion of the Tribunal is reasonable, to answer any question put to him during the proceedings on any appeal relating to matters relevant to the appeal; or
(c) refuses or fails without cause, which in the opinion of the Tribunal is reasonable, to produce and show to the Tribunal any document or other thing which is in his possession or power and which is in the opinion of the Tribunal necessary for arriving at the truth of the matters relevant to the appeal; or
(d) interferes with the lawful process of the Tribunal,
(2) Where a Tribunal determines that a person has committed any offence of contempt (referred to in sub-section (1) ) against or in disrespect of its authority, the Tribunal may transmit, or cause to be transmitted, to the Supreme Court a certificate setting out such determination. Every such certificate shall be signed by the Tribunal.
(3) In any proceedings for the punishment of an offence of contempt which the Supreme Court may think fit to take cognizance of as provided in section 34, any document purporting to be a certificate signed and transmitted to the Court under sub-section (2) shall-
(a) be received in evidence, and be deemed to be such a certificate without further proof unless the contrary is proved; and
(b) be conclusive evidence that the determination set out in the certificate was made by the Tribunal and of the facts stated in the determination.
(4) In any proceedings taken as provided in section 34 for the punishment of any alleged offence of contempt against or in disrespect of the authority of a Tribunal, the member of the Tribunal shall not, except with his own consent, be summoned or examined as a witness.


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