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The Insurance Act, 1938

( ACT NO. IV Of 1938 )

Procedure and Powers of the Board
47H. (1) The Board shall, for the purpose of the trial of an application, follow such procedure as may be prescribed, and have the same powers as are vested in a civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of-
 
 
 
 
(a) summoning and enforcing the attendance of any person and examining him on oath;
 
 
 
 
(b) requiring the discovery and production of documents and material objects;
 
 
 
 
(c) receiving evidence on affidavits; and
 
 
 
 
(d) issuing commissions for the examination of witnesses or documents.
 
 
 
 
(2) If, in the course of the trial of an application, any one of the members ceases to hold office, or is, for any reason, unable to attend the sittings of the Board, the trial shall continue before, and the decision may be given by, the remaining members.
 
 
 
 
(3) If upon any matter requiring the decision of the Board there is a difference of opinion amongst its members, the opinion of the majority shall prevail and the decision of the Board shall be expressed in terms of the view of the majority:
 
 
Provided that where the members are equally divided on any point it shall,-
 
 
 
 
(a) in the case of the full Board or of a bench of which the Chairman is a member, be decided in accordance with the views of the Chairman; and
 
 
 
 
(b) in the case of a bench of which the Chairman is not a member, be referred to the Chairman and decided in accordance with his views.
 
 
 
 
(4) The decision of the Board shall be given in writing and shall be signed,-
 
 
 
 
(a) if it is of the full Board or of a bench of which the Chairman is a member, by the Chairman; and
 
 
 
 
(b) if it is of a bench of which the Chairman is not a member, by such member of the bench as is designated by the Chairman to be its senior member.
 
 
 
 
(5) The Board shall give a copy of the decision to each party to the dispute and shall also forward a copy to the Chief Controller of Insurance.
 
 
 
 
(6) The board shall, upon an application made in this behalf by any party to a dispute adjudicated by it and on payment of such fee not exceeding one Taka for every one hundred words, and subject to such conditions, as may be prescribed, furnish certified copies of its proceedings or of any document submitted to or produced before it.

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Ministry of Law, Justice and Parliamentary Affairs