Cap. 88 чл. 25Powers of Board.

(1) The Board shall be competent -

(a) to order immediate possession of any land to be given to the competent authority;

(b) to order the transfer of any land to the competent authority in absolute ownership or on public tenure;

(c) to order the subjection of land to any easement; or agricultural or waste land;

(f) to order the execution of its own decisions: Provided that the amount of compensation to be assessed by the Board in accordance with the provisions of paragraph (e), shall not exceed the higher amount of compensation as proposed by any of the parties.

(2) (a) The Board shall have the same powers as are by law vested in the Civil Court, First Hall, and, subject to the provisions of this Ordinance, the provisions contained in the Code of Organization and Civil Procedure shall, as far as practicable, be applicable to the Board.

(b) All acts shall be issued in the name of the Board and signed by the Chairman.

(c) The Chairman shall decide all questions in regard to the admissibility of evidence, the competence of witnesses, and all other questions relating to procedure.

(d) The Registrar of Courts or any other person deputed by him shall be the registrar of the Board, and all acts brought before the Board shall be kept in the Registry of the Superior Courts which shall be the registry of the Board.

(e) All acts shall be filed, issued and served in accordance with the provisions of the Code of Organization and

Civil Procedure, subject to any rules made under this Ordinance.

(3) Whenever a question arises before the Board requiring the valuation of any land or any other technical opinion in connection with any case before the Board, the Chairman shall assign two of the members of the Panel to examine the land in question, or to take cognizance of the record of the case relative to the matter in which the technical opinion is requested; and such two members shall present their report to the Chairman during the sitting or file the said report in the Registry of the Board as the Chairman may direct. The report shall be accessible to the parties who shall be granted the opportunity to put questions in writing thereon to the members of the Panel and to comment thereon to the Board:

Provided that the parties, without prejudice to their right to bring during the evidence stage their own expert witnesses ex parte, shall not be entitled to request the appointment of additional referees.

(3A) When the report referred to in subarticle (3) consists of a valuation it shall state:

(a) the date of the valuation; valued;

(d) the use which was being made of the property on the date with reference to which it was valued, including information as to whether the property was at the said time subject to rights of third parties such as emphyteusis, use, usufruct or lease;

(e) the comparable transactions, if any, with reference to which the property was valued.

The members of the Panel shall employ their best efforts to value the property on the basis of reference to comparable transactions.

(4) The Chairman may also require the members of the Panel assigned to a case to attend the sitting of the Board when that case is being considered by the Board as he may deem appropriate or if the said members require additional information from the parties or need to hear any particular witnesses.

(5) The Chairman shall decide the matter himself after giving due consideration to the reports of the two members of the Panel and any other relevant acts presented or submissions made.

(6) The parties shall be heard on a day to be fixed by the Board.

(7) An appeal shall lie from the decision of the Board on any of the above matters. Such appeal shall be filed by means of an application before the Court of Appeal within twenty days from such decision; and the party against whom the appeal is filed may file his reply within twenty days from the date of service upon him of the said application. The provisions of the Code of Organization and Civil Procedure relating to appeals, cross-appeals and the regulation of proceedings before the Court of Appeal shall apply mutatis mutandis to any appeal made in terms of this subarticle.