Sri Lanka Consolidated Acts

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Public Utilities Commission of Sri Lanka Act (No. 35 of 2002) - Sect 15

Powers of the Commission to require information

15.
(1) The Commission shall have the following powers as reasonably required to carry out its functions :-
(a) to request any person, including a regulated entity, to furnish to the Commission periodically, or as and when required by the Commission, any information, books, accounts or order documents which are required by the Commission and are in the custody or under the control of that person.
(b) to summon to attend at a public hearing held under section 18 any person who, in the opinion of the Commission, may be able to give evidence in relation to any matter before the Commission.
(2) Any person to whom a request for information has been made under this section shall duly furnish the Commission with the information, books, accounts or other documents.
(3) Any person who without reasonable excuse fails to furnish any information, books accounts or other documents required of him or her by the Commission under subsection (2), shall be guilty of an offence and upon conviction after summary trial before a magistrate be liable to a fine not exceeding one million rupees and where the offence is a continuing offence, to an additional fine of fifty thousand rupees for each day during which such offence continues :
(4) Subject to the provisions of subsection (5), any information with respect to any particular business which-
(a) has been obtained under or by virtue of any of the provisions of this part ;
(b) relates to the affairs of any individual or to any particular business ; and
(c) is stated in writing at the time of provisions, to be confidential or commercially sensitive.
(5) Subsection (4) shall not apply to any disclosure of information-
(a) which is required by a court of law ; or
(b) if the Commission is of the opinion that the disclosure is required for the public benefit ; or
(c) which is made for the purpose of enabling a licensee to comply with a condition of its license under or by virtue of which it is required to disclose the information to another person.


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