Sri Lanka Consolidated Acts

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Public Utilities Commission of Sri Lanka Act (No. 35 of 2002) - Sect 18

Public hearing

18.
(1) The Commission may, in discharging the functions assigned to it by or under this Act or any other industry Act, and where it deems necessary in the public interest hold a public hearing in order to investigate or determine any matter. The public hearing shall be held in any manner not inconsistent with the principles of natural justice.
(2) The Commission shall, for the purposes of a public hearing referred to in subsection (1), have the power.
(a) to procure and receive all such evidence, written or oral and to examine all such persons as witnesses, as the Commission may think 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 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 Sri Lanka to attend a public hearing of the Commission to give evidence or produce any document or other thing in his or her possession and to examine him or her as a witness or to require him or her to produce any document or other thing in his or her possession ;
(d) to admit any evidence, whether written or oral notwithstanding the provisions contained in the Evidence Ordinance ;"
(3) Any person who has been summoned or whose interests are likely to be affected by any matter before the Commission may appear in person or by authorized representative.
(4) Every person who gives evidence at such public hearing shall, in respect of such evidence be entitled to all the privileges to which a witness giving evidence before a court of law is entitled in respect of evidence given by him or her before such court.
(5) The proceedings at such a public hearing shall be open to the public and the minutes, including a record of the evidence given and a statement of all facts taken into consideration, shall be kept by the Commission and made available to the public.
(6) Every offence contempt committed against, or in disrespect of, the authority of the Commission shall be publishable by the Court of Appeal as though it were an offence of contempt committed against, or in disrespect of the authority of that Court, and the Court of Appeal is hereby vested with jurisdiction to try every such offence.
(7) An act done or omitted to be done in relation to the Commission, whether in the presence of the Commission or otherwise, shall constitute an offence of contempt against, or in disrespect of, the authority of the Commission, if such act would, if done or omitted to be done in relation to the Court of Appeal have constituted an offence of contempt against, or in disrespect of the authority of such Court.
(8) Any person-
(a) who fails without cause to appear before the Commission at the time and place mentioned in the summons issued by the Commission ; or
(b)who refuses or fails without cause, to produce or show or affirmed refuses or fails with out cause to answer any question lawfully;
(c) who refuses or fails without cause to produce or show to the Commission any document or other thing which is in his or her possession or power and which is in the opinion of the Commission necessary for arriving at the truth of the matter being inquired into by the Commission.
(9) During or at the conclusion of a public hearing the Commission may-
(a) make an order or award with reasons therefor relating to the matter before it or part thereof, or give a direction with reasons therefor ;
(b) dismiss any matter or part of a matter or refrain from further hearing or from determining the matter or part thereof, if it appears that the matter or part thereof is trivial or vexatious or that further proceedings are not necessary or desirable in the public interest ;
(c) generally give all such directions and do all such things as are necessary or expedient for expeditious and just hearing and determination of the matter before it.
(10) Every order or award made and every direction given in pursuance of paragraph (a) of subscription (9) shall be published in the Gazette, and a copy of every such order, award or direction shall be served on each party to the public hearing.


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