Sri Lanka Consolidated Acts

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Special Presidential Commissions Of Inquiry Law (No. 7 of 1978) - Sect 7

Powers of Commission and additional powers that may be conferred at the request of the Commission

7.
(1) A commission established under this Law shall have the following powers:-
(a) to procure and receive all such evidence, written or oral, and to examine all such persons as witnesses, as the commission may think it necessary or desirable to procure or examine;
(b) to require the evidence (whether written or oral) of any witness to be given on oath or affirmation, such oath or "affirmation to be that which could be required of the witness if he were giving evidence in a court of law. and to administer or cause to be administered by an officer authorized in that behalf by the commission an oath or affirmation to every such witness;
(c) to summon any person to attend any meeting of the commission to give evidence or produce any document or other thing in his possession, and to examine him as a witness or require him to produce any document or other thing in his possession;
(d) notwithstanding any of the provisions of the Evidence Ordinance, or of any other written law, to admit any evidence, whether written or oral, which might be inadmissible in any court in civil or criminal proceedings;
(e) subject to any direction contained in the warrant-
(i) to admit or exclude the public to or from the inquiry or any part thereof:
(ii) to admit or exclude the press to or from the inquiry or any part thereof; or
(f) to recommend that any person whose conduct, is the subject of inquiry under this Law or who is in any way implicated or concerned in the matter under inquiry, be awarded such sum of money as, in the opinion of the commission, may have been reasonably incurred by such person as costs and expenses in connection with the inquiry. In this paragraph, "costs and expenses" includes the costs of representation by an attorney at-law, and travelling and other expenses . incidental to the inquiry or consequential upon the inquiry or consequential upon that attendance of such person at the inquiry.
(2) All or any of the following powers may by an amendment to the warrant be conferred by the President on a commission established, under this Law, if the commission so requests: -
(a) to require by written notice, the manager of any bank in Sri Lanka or any officer thereof, to produce, as specified in the notice, any book or document of the bank containing entries relating to the: account of any person whose conduct is being inquired into by the commission, or of the spouse or a son or daughter of such person, or of any other person specified by the commission, or to furnish, as so specified in the notice certified copies of such entries:
(b) to require by written notice the Commissioner-General of Inland Revenue or the Controller of Exchange, or any officer of the Department of Inland Revenue or the Central Bank, to furnish, as specified in the notice, all information available to such official relating to the affairs of any person, whose conduct is being inquired into by the commission, or of the spouse or a son or daughter of such person, or of any other person specified by the commission and to produce or furnish, as so specified in the notice, any document or a certified copy of any document, relating to such person spouse, son or daughter, or other person, as the case may be, which is in the possession, or under the control of, such official;
(c) to prohibit by written order, the manager of any bank in Sri Lanka from permitting or allowing the withdrawal of any funds standing to the credit of any account in that bank of any such person specified in the order as the commission considers necessary, except any such reasonable withdrawal of such funds as may, from time to time, be approved in writing by the commission;
(d) to require by written order the Controller of Immigration and Emigration to impound the passport and other travel documents of any such person as shall be specified in the order, being a person whose evidence or presence may be necessary at any inquiry before the commission, until such time as such order is revoked by the commission by a subsequent written order, if any, issued to such Controller;
(e) to require by written order any such police officer as shall be specified in that order, whether by name or by office, to take all Such Steps as may be necessary to prevent the departure from Sri Lanka of any such person as shall be so specified, being a person whose evidence or presence may be necessary at any inquiry before the commission, until such time as such order is revoked by the commission by a subsequent written order, if any, issued to such officer:
(f) to require by written order any such telecommunication authority or officer (within the meaning of the Telecommunications Ordinance) as shall be specified in the order, whether by name or by office, to produce as so specified, any book or document containing entries relating to any message (within the meaning of that Ordinance) including any telex, message, which is in the possession or under the control of any such authority or officer as the commission considers necessary, or to furnish, as specified, certified copies of such entries.
(3) The commission shall have power to call for representations from the public relating to matters within the scope of its terms of reference, whether expressly specified therein or not, and to inquire into and report upon any such representations.
(4) A commission established under this Law max exercise any power conferred on the commission under subsection (1) and any person, to whom the commission issues any direction In, the exercise of such power shall carry out such direction notwithstanding anything to the contrary in any other law.


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