Addition
of new section 34A.
18
notice and grounds of appeal, and shall give to the appellant and the Director at least fourteen days notice of the date for hearing the appeal.
(2) Upon being notified of a notice of appeal, the Director shall forthwith forward to the secretary of the Appeals Board a copy of the notice served upon the appellant under subsection (1) of section 31.
(3) Al an adjourned hearing of an appeal no person shall be present as a member of the Appeals Board unless he has been present at all previous hear- ings of such appeal.
(4) At the hearing of the appeal the appellant or his duly authorized representative and the Director or any person duly appointed by him for such purpose shall be entitled to be present and to be heard.
(5) The hearing of an appeal may be open to the public or in camera or partly open to the public and partly in camera at the discretion of the Appeals Board.
(6) The Appeals Board may determine the appeal in the absence of the Director or the appellant provided that due notice of its meeting has been given to both parties.
(7) The onus of proving that the grounds stated by the Director under subsection (1) of section 31 for his decision are not correct or do not justify such decision shall be upon the appellant.
(8) Save with the consent of the Appeals Board, neither the Director nor the appellant may at the hear- ing rely upon any grounds other than those stated by the Director in accordance with subsection (1) of sec- tion 31 or by the appellant in accordance with sub- section (1) of this section.”.
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33. The principal Ordinance is amended by the addition after section 34 of the following new section-
Appeals
certain
"Powers of 34A. (1) For the purposes of hearing an appeal Board and the Appeals Board shall have the following powers-
(a) to hear, receive and examine evidence on oath; (b) to summon any person to attend any bearing of the Appeals Board to give evidence or
offences.
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produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession subject to all just exceptions;
(c) to order an inspection of any premises; (d) to enter and view any premises.
(3) A witness sumnions shall be in such form as the Chairman of the Appeals Board shall direct and shall be signed by the Chairman and countersigned by the secretary thereof.
(3) Any person who being summoned to attend as a witness or to produce any document or any other thing at a hearing of the Appeals Board refuses or neglects to do so or to answer any questions put to him by or with the concurrence of the Board shall be guilty of an offence and shall be liable to a fine of five hundred dollars and to imprisonment for three months:
Provided that no person shall be bound to incri- minate himself and every witness shall in respect of any evidence given by him before the Appeals Board be entitled to the same privileges to which he would be entitled if giving evidence before a court of justice.
(4) Any person who behaves in an insulting manner or uses any threatening or insulting expression to or in the presence of the Appeals Board shall be guilty of an offence and shall be liable to a fine of five hundred dollars and to imprisonment for three months.".
34. Section 35 of the principal Ordinance is repealed and Repeal and replaced by the following-
"Decision
of Appeals Beard and notification thereof.
35. (1) The Appeals Board may confirm, reverse or vary the decision of the Director.
(2) The secretary of the Board shall serve upon the Director and the appellant notice in writing of the decision of the Board together with the reasons therefor.".
replacement of section 36.
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