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(3) The Pneumoconiosis Medical Board shall, if it determines under subsection (1) that the permanent partial incapacity has resulted from pneumoconiosis—
(d) determine whether the person may in the future suffer a greater degree of permanent incapacity resulting from pneumoconiosis; and
(b) where the determination is that the person may in the future suffer such greater degree of permanent incapacity, assess the extent of the greater degree of incapacity, but such assessment shall not exceed 50 per cent of the degree of the permanent partial incapacity assessed under subsection (1),
(4) Where a person has elected under section 7(1Xd) far the payment of compensation in 2 instalments and has been paid compensation on the first occasion under section 1)e), the Parumoconiosis Medical Board shall-
(a) determine whether the person has suffered a greater degree of permanent incapacity since the initial assessment of the incapacity for the purposes of payment of compensation on the first occasion;
BOČ
(b) where the determination is that the person has suffered auch greater degree of incapacity, assess the additional degree of the incapacity.
(3) A determination and assessment by the Pneumoconiosis Medical Board, if not unanimous, shall be that of the majority of the members of the Prieumoconiosis Medical Board.
(6) The Praumoconiosis Medical Board shall issue a certificate of its determination and assessment made under this section lo
(a) the person, or in the case of the death of the person to the
dependant who has claimed under section 141);
(5) (be Commissioner; and
(c) the Board.
(7) An objection to the determination and assessment made under subsection (1), (2), (3) or (4) may be made by the person in question or bis dependants, as the case may be, or the Board, to the Preumoconiosis Medical Board in writing within 14 days after the receipt of the certificate issued under subsection (6) stating the grounds of the objection, and a copy of the objection shall be sent by the objector-
(a) where the objector is the person or his dependant, to the Board
and to the Commissionet, or
(b) where the objector is the Board, to the person or bis dependant
and to the Commissioner.
(8) On receipt of an objection under subsection (7), the Pneumoconiosis Medical Board shall review the determination or assessment under sub- section (1), (2), (3) or (4), as the case may be, and shall issue to the parties referred to in subsection (6) a certificate stating-
(a) that the original determination or assessment is confirmed; or
(8) a revised determination or assessment,
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A certificate purporting to be issued under subsection (6) or (8) and to be signed by or for the Pneumoconiosis Medical Board shall be admitted in evidence without further proof on its production in any court and-
(a) until the contrary is proved, it shall be presumed that the certi-
ficate is so issued and signed;
(8) shall be evidence of the matters stated therein.
(10) Any person aggrieved by a review under subsection (8) may appeal to the Court against auch review.
PART V
PNEUMOCONIOsis CompensaTION FUND BOARD
25. (1) There is hereby established a board, to be known as the Exobishment of Pneumoconiosis Compensation Fund Board.
(2) The Board shall consist of not more than 10 members appointed by the Governor of whom not more than 4 shall be public officers.
Pneumoconidia Compensat Fund Board,
(3) The Third Schedule shall have effect with respect to the Board, Third
26. (1) The Board shall have the following functiona~
(a) to administer the Fund;
(6) to make recommendations to the Governmeal with respect to
the rate of levy; and
(c) to perform such other duties as are imposed on it by this
Ordinance.
(2) The Board may do all such things as are necessary for, or incidental or conducive to, the better carrying out of the functions of the Board and may in particular, but without prejudice to the generality of the foregoing-
(a) bold, acquire or lease all kinds of property, whether movable
or immovable;
(b) subject to subsection (3), sell or otherwise dispose of all kinds
of property whether movable or immovable:
(c) enter into, assign or accept the assignment of, and vary or rescind
any contract or obligation;
(d) subject to subesclion (4), meet expenditure on any item shown in the approved estimates of expenditure of the Board, borrOW or otherwise raise money on such security as may be necessary. and for that purpose, charge all or any of the property of the Board;
(e) make charges for the use of any facility or service provided by
the Board.
(3) The Board shall not sell or otherwise dispose of land granted at nil premium by the Government except with the prior approval of the Governor.
(4) Except with the prior approval of the Financial Secretary, no sum shall be borrowed or otherwise raised under subsection (2X) which itself, or together with all other sums previously borrowed or otherwise raised ander that subsection and still outstanding, exceeds, or in the aggregate exceeda, 10 per cent of the approved total estimated expenditure for the current financial year.
Schedult.
and
Fonction powers of cho Bourd
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