Procedure on receipt of
claimis
Constitution duties and Remuneration of Board.
Duties and power the Board.
of
within the period of six months from the date of coming into force of this Ordinance, or anch longer period se the Governor may allow either generally or in relation to any particular claim or claims.
7. (1) It shall be the duty of the prescribed officer on receipt of claims to satisfy himself that claims received are in accordance with the Land Registers and other particulars in his possession. A claimant may be required to produce such evidence or further particulars as to identity, ownership, or sa to the land in question as the prescribed officer may deem to be necessary for him to consider in order to admit or reject the claim.
(2) The prescribed officer shall recommend to the Governor for approval such claims as appear to such officer to be valid and in accordance with the provisions of this Ordinance and upon such approval being given the prescribed officer shall pay such claims together with interest thereon computed in accordance with section 5 of this Ordinance.
(3) The prescribed officer shall refer to the Board any claims which upon consideration by him he is able to recom- mend to the flovernor for approval and shall accompany such reference with a statement giving his recommendation and the grounds therefor and shall notify the claimant of the fact of such reference.
3. (1) A Board of Arbitration of three members shall be appointed to determine the validity of any claim to compensation or the amount of compensation (if any) to be paid upou reference of a claim being made to such Board in manner provided by sub-section (3) of section 7 of this Ordinance.
(2) The Chairman of the Board shall be a Justice of the Peace nominated by the Governor and the two other members shall consist of persons nominated by the Governor of whom one shall be a person other than a member of the Government Service. It shall be lawful for an officer of the Royal Air Force or other of His Majesty's Forces to be appointed is one of the members of the Board.
(3) The Board shall be appointed by the Governor within one month of the first of such references to the Board and the Chairman shall cause notice of the composition of the Board to be published in the Gazette and shall appoint thereby a time and place for the commencement of its sittinge.
(4) The remuneration of any member of the Board shall be at a rate according to the amount of work and the time occupied, and shull be awarded by the Governor upon report made by the Chairman at the conclusion of each month during which sittings of the Board have been held: Provided that nothing herein shall authorize the payment of remuneration to any public servant who may not be permitted by the term of his appointment to receive remuneration as a member of the Board.
9. (1) The Board shall permit any claimant whose claim has been referred to the Board in accordance with section 7 of this Ordinanca to appear before it in person or by authorised
5
representative and to give such evidence as may he material to the issue and a representative of the Crown shall be permitted to appear and tender evidence on behalf of the Crowd or His Majesty's Forces.
(2) The Board shall have all such powers as are vested in the Supreme Court or in a judge on the occasion of any action or auit in respect of the following matters:
(a) enforcing the attendance of witnesses and examining them upon oath or otherwise as it may think fit;
(b) compelling the production of any documents; (c) punishing persons guilty of contempt;
(d) ordering an inspection of any premises;
and
(e) entering upon and viewing any premises; (/) adjourning proceedinga;
and shall have power to make rules for the conduct of proceedings before it.
(3) The Board shall have power to assess and award compensation in accordance with the provisions of this Ordinance and may award in any appropriate case costs either for or against the Crown or other party, such costs, if desired by the Crown or such other party, to be taxed by the Registrar of the Supretie Court.
.
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10. Upon notification to the prescribed officer of any award Payment of of compensation by the Board the prescribed officer shall pay the compensation amount so awarded as soon as may be possible to the person or Awarded by persons named in such award.
Bocard.
11. (1) Every notice under the hand of the Chairman of Process of the Board may be substituted for and shall be equivalent to any the Board, form of process capable of being issued in any action or suit for enforcing the attendance of witnesses or compelling the production of documents.
(2) Any warrant of committal to prison issued for the purpose of enforcing such powers as aforesaid aball be under the hand of the Chairman, and may authorise the imprisonment (which shall be without hard labour) of the offender for any Lerm not exceeding three months.
(3) Every notice, order or warrant of the Board may be served and executed in the same manner as notices, orders and warrants of the Court may be served and executed in civil actions.
12. (1) If, in the discharge of the duties devolving upon Decision by the Board, there occurs a difference of opinion between the Board by members, the decision of any two of them shall have the same macity to forme and effect as if all the members had concurred therein.
be final.
(2) Any decision arrived at by the Board shall be final
as regards all parties interested.
(3) No award of compensation made by the Bourd under this Ordinance shall be liable to be set aside for irregularity, or: error in matter of form.