15.
| (1) Where an investigation conducted by the Commission under section 14 does not disclose the infringement or imminent infringement of a fundamental right by executive or administrative action or by any person referred to in paragraph (b) of section 14, the Commission shall, record that fact, and shall accordingly inform the person making the complaint within thirty days. |
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| (2) Where an investigation conducted by the Commission under section 14 discloses the infringement or imminent Infringement of a fundamental right by executive or administrative action, or by any person referred to in paragraph (b) of section 14, the Commission shall have the power to refer the matter, where appropriate, for conciliation or mediation. |
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| (3) Where an investigation conducted by the Commission under section 14 discloses the infringement or imminent Infringement of a fundamental right by executive or administrative action, or by any person referred to in paragraph (b) of section 14, the Commission may where It appears to the Commission that it is not appropriate to refer such matter for conciliation or mediation, or where it appears to the Commission that it is appropriate to refer the matter for conciliation or mediation, or where it appears to the commission that it is appropriate to refer the matter for conciliation or mediation, or where it appears to the commission that it is appropriate to refer the matter for conciliation or mediation, but all or any of the parties object or objects to conciliation or mediation, or where the attempt at conciliation or mediation is not successful-
| | (a) recommend to the appropriate authorities, that prosecution or other proceedings be instituted against the person or persons infringing such fundamental right ; | | |
| | (b) refer the matter to any court having jurisdiction to hear and determine such matter in accordance with such rules of court as may be prescribed therefor, and within such time as is. provided for invoking the jurisdiction of such court by any person ; | | |
| | (c) make such recommendations as it may think fit, to the appropriate authority or person or persons concerned, with a view to preventing or remedying such infringement or the continuation of such infringement. | | |
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| (4) With out prejudice to the generality of the recommendations that may be made under paragraph (c) of subsection (3), the Commission may -
| | (a) recommend that the act or omission giving rise to the infringement or imminent infringement of a fundamental right be reconsidered or rectified; | | |
| | (b) recommend that the decision giving rise to the infringement or imminent infringement of a fundamental right be reconsidered or rectified ; | | |
| | (c) recommend that the practice on which the decision, recommendation, act or omission giving rise to the infringement or imminent infringement of a fundamental right was based, be altered ; and | | |
| | (d) recommend that reasons be given for the decision, recommendation, act or omission giving rise to the infringement or imminent infringement of a fundamental right. | | |
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| (5) No recommendation shall be made by the Commission under the preceding provisions of this section in respect of the infringement or imminent infringement of a fundamental right except after affording an opportunity of being heard to the person alleged to be about to infringe or to have infringed such fundamental right |
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| (6) A copy of a recommendation made by the Commission under the preceding provisions of this section to respect of the infringement or imminent infringement of a fundamental right shall be sent by the Commission to the person aggrieved the head of the institution concerned and the Minister to whom the institution concerned has been assigned. |
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| (7) The Commission shall require any authority or person or persons to whom a recommendation under the preceding provisions of this section is addressed to report to the Commission, within such period as may be specified in such recommendation, the action which such authority or person has taken, or proposes to take, to give effect to such recommendation and it shall be the duty of every such person to report to the Commission accordingly. |
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| (8) Where any authority or person or persons to whom a recommendation under the preceding provisions of this section is addressed fails to report to the Commission the period specified in such recommendation or such person reports to the commission and the action taken, or proposes to be taken by him to give effect to the recommendations of the Commission, is in the view of the Commission, inadequate, the Commission shall make a full report of the facts to the President who shall, cause a copy of such report to be placed before Parliament. |
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Sri Lanka Consolidated Acts