Facilitation of proof
57 Facilitation of proof
Any proceedings, whether civil or penal, may be taken in the name of the Council by any officer of the Council authorised in that behalf by the Council, and no proof shall be required of the appointment of that officer as an officer of the Council or of his authority to take the proceedings in the name of the Council but the averment on the process that the officer is so authorised shall be deemed to be conclusive proof of the fact.
In any prosecution for an offence against this Act —
it is not necessary to prove the appointment of the Secretary of the Council, or his authority to do any act, to issue any order, to give any direction or notice, or to make any request on behalf of the Council, but nothing in this paragraph prevents the right of the accused in any such prosecution to prove the extent of that authority; and
a signature purporting to be that of the Minister, the chairman of the Council the Secretary of the Council or an authorised officer shall be taken to be the signature of the person whose signature it purports to be until the contrary is proved; and
a statement signed by the Secretary of the Council that a licence or other document of the description mentioned in the statement has or has not been issued by the Council under this Act to a person, or as to the date of issue of and the particulars contained in any document so issued by the Council, is evidence of the matter specified in the statement; and
the allegation or averment in any prosecution notice —
that this Act applies in relation to any substance, apparatus, product, premises or thing; or
that any substance, apparatus, product or thing was dealt with in a manner which constitutes a sale as defined in this Act,
is sufficient prima facie evidence of that fact until the contrary is proved.
Where by any provision of this Act a person who is an owner, occupier, employer, or person in charge of any thing to which this Act applies, is required to give any notice to any other person the burden of proof that the provision has been complied with is on the person required to give the notice.
It is sufficient in any prosecution notice for an offence against this Act —
where the accused is a natural person, to name the accused by the name by which he is usually known; and
where the accused is a body corporate or a firm, to name the accused by the name by which that body corporate or firm and any member thereof is usually known,
and the onus of proof is on the person, body corporate or firm so named to prove that he or it, as the case may be, is not the accused.
In all courts and before all persons authorised to receive evidence a notification in the Gazette of a determination of the Council in relation to any matter, or otherwise as to the exercise of the powers of the Council conferred under this Act, or as to any order made or exemption granted under this Act, is evidence of the facts therein stated.
[Section 57 amended: No. 84 of 2004 s. 79 and 82; No. 8 of 2009 s. 107.]
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