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As enacted
Contents

Part IV · Objectives, Powers and Functions

15. Powers of the Commission to require information

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(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 other 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 :

Provided however, that a person referred to in this section shall not be compelled to produce a document which he or she could not be compelled to produce in civil proceedings before a court or to furnish information which he or she could not be compelled to give in evidence in any such proceedings.

(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;

Public Utilities Commission of Sri Lanka

(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, shall not, during the lifetime of that individual or for so long as that business continues to be carried on, be disclosed by the Commission without the written consent of the individual or business.

(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.

For the purpose of this Act any information contained in an electronic record, printed on a paper, stored, recorded or copied in optical or magnetic media and produced by whatever means, shall be deemed to be also a document.

Read on from s 16

Part V

Competition

Read on from Part V

Part VI

Consumer Protection

Read on from Part VI

Part VII

Policy Guidelines

Read on from Part VII

Part VIII

Finance

Read on from Part VIII

Part IX

General

Read on from Part IX

Schedules