Sri Lanka Consolidated Acts

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Sri Lanka Telecommunications Act (No. 25 of 1991) - Sect 12

Public hearing and procedure

12.
(1) On representations made to him or otherwise, the Authority may where he deems it necessary in the public interest that any matter relating to the exercise or the proposed exercise of his powers, needs investigation or determination, may of his own motion, hold a public hearing.
(2) The Authority shall, where the Minister so directs in the public interest, hold a public hearing in relation to any matter relating to telecommunication specified in such direction.
(3) For the purpose of holding a public hearing under subsection (1) or subsection (2), a committee of inquiry (hereinafter referred to as the " committee ") shall be constituted which shall consist of the Authority or any other officer nominated by him who shall preside at any meeting of such committee, and two or more other officers to be reinitiated by the Authority for that purpose.
(4) The proceedings at any public hearing to be held by the committee under this section may be conducted in any manner not inconsistent with the principles of natural justice which to the committee may seem best adapted to elicit proof or information relating to the matter under investigation.
(5) The committee may require evidence or arguments to be presented in writing and may decide the matters upon which it will hear oral evidence or arguments.
(6) The committee may at a public hearing admit or reject any evidence adduced, whether oral or documentary and the provisions of the Evidence Ordinance relating to the admissibility of evidence shall not apply.
(7) Every person who gives evidence before the committee 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 before such court.
(8) The proceedings at a public hearing shall be open to the public and minutes thereof including a summary of the evidence given and a statement of all facts taken into consideration shall be kept by the member presiding at the hearing.
(9) The committee shall determine the periods that are reasonably necessary for the fair and adequate presentation of any matter which is the subject of public hearing under this section and may require those matters to be presented within the respective periods so determined.
(10) Any person who has been summoned or whose interests are likely to be affected by any matter before the committee may appear in person or by authorized representative.
(11) In the event of a difference of opinion among the members of the committee the decision of the majority shall be the decision of the committee.
(12) During or at the conclusion of a public hearing, the committee may"
(a) make an order or award with reasons therefore 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 the expedient and just hearing and determination of any matter before it.
(13) Every order or award made and every direction in pursuance of paragraph (a) of subsection (12) 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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