Sri Lanka Consolidated Acts

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Criminal Justice Commissions Act (No. 14 of 1972) - Sect 6

Powers of a Commission

6.
(1) A Commission shall have the following powers: -
(a) to procure and receive all such evidence 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 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 residing in Ceylon to attend any sitting 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 which might be inadmissible in civil or criminal proceedings;
(e) to regulate the admission of the public to the inquiry before the Commission;
(f) to regulate the admission of the Press to such inquiry;
(g) to exclude the public from the inquiry or any part thereof;
(h) to exclude the Press from the inquiry or any part thereof;
(i) to require by written order the manager of any bank in Ceylon to produce, as specified in the order, any book or document of the bank containing entries relating to the account of any such person specified in the order as the Commission considers necessary, or to furnish, as so specified, certified copies of such entries;
(j) to prohibit by written order the manager of any bank in Ceylon 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;
(k) to require by written order the Commissioner of Inland Revenue or the Controller of Exchange to furnish, as specified in the order, all information available to any such officer relating to the affairs of any such person specified in the order as the Commission considers necessary, and to produce or furnish, as so specified, any document or a certified copy of any document relating to such person which is in the possession or under the control of any such officer;
(l) 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 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;
(m) to require by written order any such police officer as shall be specified in the order, whether by name or by office, to take all such steps as may be necessary to prevent the departure from Ceylon of any such person as shall be so specified, being a person whose evidence 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;
(n) 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 so specified, certified copies of such entries.
(2) Any person to whom an order is issued or given by a Commission under subsection (1) shall carry out such order, and in the event of his failing to comply with the preceding provisions of this subsection, he shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding two thousand rupees or to imprisonment of either description for a term not exceeding one year, or to both such fine and imprisonment.


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