Page 76 of 82
summon that person to appear before it and take his evidence; any person so summoned
may be given reasonable expense for appearing in the public hearing.
(3)
If a person summoned to appear in the public hearing(a)
fails, without reasonable excuse, to appear at the time and place
mentioned in the notice;
(b)
refuses, without a reasonable excuse, to reply any question put to
him by the Committee, or intentionally gives a false or distorted
information or statement in reply to such question, or intentionally
suppress an information relating to the matter under inquiry; or
(c)
refuses or, without reasonable excuse, fails to produce the
document or information which is in his possession and has been
required by the Committee,
he shall be liable for the offence of contempt of court for disregarding the
decision of the Committee.
(4)
Where the Committee is of the opinion that a person has committed an
offence mentioned in sub-section (3), the president of the Committee shall send a
report to the High Court Division accordingly.
(5)
In a proceeding for trial of the offence of contempt of court initiated on
the basis of a report under sub-section (4), the report purported to have been signed by
the president of the Committee shall(a)
be admissible as evidence and, unless the contrary is proved, it
shall not be required to be formally proved; and
(b)
be a prime facie evidence of the facts stated therein and the
decision of the Committee on such facts and the truth of such
decision.
(6)
The contempt of court specified in sub-section (3) shall be tried by the
High Court Division in the same procedure as is followed in the case of a contempt of
court under the Contempt of Courts Act, 1926 (XII of 1926), and the penalty specified
in that Act may be imposed on the accused person mentioned in that report.
CHAPTER XIII
Transitional provisions, transfer of rights and liabilities
BTRC-TelecomLaw2001.doc
76
- 76 -