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As enacted
Contents

Part II · Powers of Inquiry and Investigation of the Commission

30. Contempt of the Commission

Official English translation. The Sinhala text prevails.

(1)

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

Supreme Court, have constituted an offence or contempt against, or in disrespect of, the authority of such Court.

(2)

Every offence of contempt committed against, or in disrespect of the authority of the Commission shall be punishable by the Supreme Court as though it was an offence of contempt committed against, or in disrespect of, the authority of that Court, and the Supreme Court is hereby vested with jurisdiction to try every such offence.

(3)

Any person who –

(a)

fails without cause, which in the opinion of the

Commission is reasonable to appear before the

Commission at the time and place mentioned in the summons served under this Act;

(b)

refuses to be sworn or affirmed or having been duly sworn or affirmed refuses or fails without cause to answer any question put to him regarding matters being inquired into, or investigated by, the

Commission;

(c)

refuses or fails without cause which in the opinion of the Commission is reasonable to comply with the requirements of a notice or written order or direction issued or made to him, by the

Commission;

(d)

refuses or fails without cause, which in the opinion of the Commission is reasonable to produce and show to the Commission any document or other material, which is in the possession or control of such person and which is in the opinion of the

Commission required for ascertaining the truth of the matters being inquired or investigated into; or

(e)

fails to comply with a recommendation or decision of the Commission, shall be guilty of the offence of contempt of against, or in disrespect of the authority of the Commission.

(4)

Where the Commission determines that a person is guilty of an offence of contempt under paragraph (b) or (c) of subsection (3) the Commission may transmit to the Supreme

Court a Certificate setting out such determination. Every such Certificate shall be signed by the Chairperson of the

Commission.

(5)

In any proceedings for the punishment of an offence of contempt which the Supreme Court may think fit to take cognizance of, as provided in this section, any document purporting to be a Certificate signed and transmitted to the

Court under subsection (4) shall –

(a)

be received in evidence, and be deemed to be such a Certificate without further proof, unless the contrary is provided; and

(b)

be evidence that the determination set out in the

Certificate was made by the Commission and of the facts stated in the determination.

(6)

In any proceeding taken as provided in this section for the punishment of alleged offence of contempt against, or in disrespect of the authority of the Commission, no member of the Commission shall notwithstanding anything to the contrary in this Act except with his own consent, be summoned or examined as a witness.

Part III

Ombuds for the Women’S Rights and Staff of the Commission

Part IV

National Fund for Women

Part V

General