41.
(1) The Minister may, in consultation with the Minister to whom the subject of labour is for the time being assigned, constitute a Motor Transport labour tribunal or Motor Transport labour tribunals for the purposes of section 42. Each such tribunal shall consist of a fit and proper person. |
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(2) Every Motor Transport labour tribunal constituted under this section shall have all the powers of a District Court-
| | (a) to summon and compel the attendance of witnesses, | | |
| | (b) to compel the production of books, records and other documents relating to remuneration and terms of employment of any employees, or to any matter under inquiry by the tribunal, and | | |
| | (c) to administer an oath or affirmation to witnesses. | | |
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(3) Every person giving evidence on any matter before a Motor Transport labour tribunal constituted under this section shall be bound to state the truth on such matter. |
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(4) The members of Motor Transport labour tribunals constituted under this section shall be remunerated at such rates as may be determined by the Minister with the concurrence of the Minister of Finance. |
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(5) Every person who as a witness attends a Motor Transport labour tribunal constituted under this section shall be paid as travelling and other expenses such sum as shall be determined by the tribunal. |
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(6) Such sums as may be required for making the payments under subsection (4) and subsection (5) and for defraying the expenses of Motor Transport labour tribunals constituted under this section shall be provided by the Ceylon Transport Board. |
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(7) The proceedings at an inquiry by a Motor Transport labour tribunal constituted under this section shall, as far as possible, be free from the formalities and technicalities of the rules of procedure and evidence applicable to a court of law, and may be conducted by such tribunal in any manner, not inconsistent with the principles of natural justice and any regulations made in that behalf under this Act, which to such tribunal may seem best adapted to elicit proof concerning the matters that are investigated. |
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(8) Where, at any proceedings before a Motor Transport labour tribunal constituted under this section relating to any dispute referred to such tribunal for decision under this Act, any party to that dispute claims that any sum of money is due or payable to such party by any holder of a stage carriage permit for a regular omnibus service who is also a party to that dispute, it shall be presumed that such sum is so due or payable until the contrary is proved by that holder. |
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