Amendment status not verified — confirm the current text below against the official source.
(1) Where, as a result of an order pablisiled under s c c ~ ~ o ~ l '8, c.1 ,zcllon 31, the use of any wharf, dock, berth, quay, stags, jetty, pier or pLace of d o r a g e , made, fixed o erccted by any person is rendored unlamful, ~lle Board may, after hearing the per,on cdncerned by order, close, remove, fill up or destroy such wharf, dock, ber~h, quay, stage, ptty, pier or place of ancho- rage or prrnit the use therzof to such person on payment of such rates and oharges as the Board may, with the previous saltction of the Government, deter- mine. (2) Save as otherwise provided under sub-section (3), no person shall be - entitled to claim compensation for any injury, damage or loss caused or alleged te have been caused by an order made under sub-section (1). (3) If ~t is proved to the satisfaction of the Board that any such wharf, dock, berth, quay, stage, jetty, pier or place of anchorage was made, f w d I u ereoted by any person ~ i t b the previous permicsion of the author~ty competent to grant such permission, he shall be paid by the Board compensation of the amount which shall be determined in the manner and in accordance with the principles hereafter set out, that is to say-- (a) in computing the compensation, there shall not be taken into account aay rates or other charges which such person shall be liable to pay for using any wharf, dock, berth, quay, stage, jetty, pier or place of anchorage, provided by the Board ; (b) the a mount of compensation shall be calculated with reference to the o s t of construction of such ~harf, dock, berth, quay, stage, jetty, PIC, or place of i amdorage ; i (0) where the amount of compensation can be fixed by agrcement, it shdl be pald in accordance with such agreement ; (d) where IN such agreement can be reached, the Government shall appoin~ as arbitrator, a person who is, or has been, or is, qualified for appointment as a Judge of a High Court ; (e) the Governmelit may, iil any particular case, nominate a person possessing special knowledge of any matter relating to any case under inquiry to assist the arbitrator in determining any aue;tion which has to be decided by him under this section, and where such nomination is mzde, the person to be compensated may also llornir~ate an assessor for the same purpose ; (f') at the comme.1cement of the proceeding before the arb~trator, the Board and the person to be compensated sh;: state what in their respective opinion is a fair amount of oompensation ; (g) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specify the person or persans to whom such compensation shall be paid ; (h) where there is a dispute as to the person or persons who are entitled ta tbe compensation, the arbitrator shall decide such dispcte and if the arbitrator finds that more persons than one are entitlsd to compensation, shall appo;tien the amount thereof among such persons; (i) nothi- in the Arbitration Act, 1940 shall appb to arbitrations fz%le~ct X vnda this s d o a 3 e" II TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 23 C - - - (j) the arbitrator app~inted under this section, while holding arbitra- ~ M V tion proceedings u.-d*zr this Act, shall have all tho pJwers of a Civil Court lm. while trying a suit under the C3d.3 of Civil Procedure, 1938, in resp:ct of the following matters, namely :- (i) qummoning and enforcing tht; attendznce of any person and 'exami- ning him on oath ; (ii) requiring the discovery and production of documents; (iii) receiving evidence on 18tidavits ; (iv) issu~ng commissions for examination of witnesses or dacume*ts. (4) Every award shall also state the amount of costs incurred in the arbitration prodings und.=r this section and by what p:rsons and in what propor- tions they are to be paid. (5) Any parson aggrieved by an award of the arbitrator made under this section mly, within thirty days from the date of the award, prefer an appeal to the High Cnllrt within whose jurisdiction the p x t is situated : Provided that the Higb C o ~ r t may entertain the appeal after the expiry of the said. p:riod of tbirty days if it is satisfied that tho appellant was prevented by sufficient cause from filing the app3al in time. 24 T-f '- TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - ---41 .-- - --- -- - CHAPTER VI. IMPOSITION AND RECOVERY OF RATES AT PORTS.