39.
| (1) Every application to the board under this Act shall be made in such manner as may be prescribed. |
|
| (2) At any meeting of the board three members shall constitute a quorum. |
|
| (3) Before making any order upon any application under this Act, the board shall give all interested parties an opportunity of being heard and of producing such evidence, oral or documentary, as may be relevant in the opinion of the board. |
|
| (4) The board may examine any witness on oath if it thinks fit to do so, and may summon any person to appear before it, and may require any person including any officer of a local authority or a department of Government or a corporation to produce any document including a document of title, which may be relevant in the opinion of the board. |
|
| (5) The board may, in such circumstances and according to such scale or scales as may be prescribed, award costs when dealing with any application made to the board under this Act. |
|
| (6) Any sum ordered by the board to be paid as costs by any person may be recovered, on application made to the Magistrate's Court having jurisdiction in the place where such person is resident, in like manner as a fine imposed by the court, notwithstanding that such sum may exceed the amount of the fine which the court may in its ordinary jurisdiction impose. |
|
| (7) All documents, notices or summons issued under the hand either of the chairman of the board or the secretary thereto, if appointed in accordance with regulations made in that behalf, shall be deemed to be issued by the board. |
|
| (8) The opinion of the majority of the members of the board present at any meeting shall be deemed to be the decision of the board on any matter. In case of an equality of votes, the chairman shall have a casting vote. |
|
| (9) In the absence of the chairman of the board from any meeting of the board, the members present shall elect some other member to be the chairman of that meeting. |
|
| (10) The proceedings of the board shall be open to the public, and minutes of such proceedings, including a summary of any oral evidence given before the board, shall be kept by or under the direction of the chairman. |
|
| (11) Any interested party may, with the permission of the board, be represented before the board by an advocate or a proctor or other person authorized in writing by that party. |
|
| (12) The proceedings of the board shall be deemed to be judicial proceedings within the meaning and for the purposes of Chapter XI of the Penal Code, and the members of the board shall be deemed to be public servants within the meaning of that Code. |
|
| (13) Every order made by the board at any meeting shall be reduced to writing and signed by the chairman, and a copy of the order shall be forthwith transmitted by registered post or delivered to the applicant and to the respondent. |
|
| (14) Regulations may be made prescribing the fees to be paid by persons making applications to the board, and providing generally (but without prejudice to the preceding provisions of this section) for the procedure to be followed in the consideration and decision of applications and other matters arising before the board under this Act. |
|
|
Sri Lanka Consolidated Acts