Board may cause it to be removed at the expense of that person.

Compensation payable in certain cases where use of any private wharf, etc., rendered unlawful - (1) Where as a result of an order under section 28, or section 31, the use of any wharf, dock, berth, quay, stage, jetty, pier, or place of anchorage, made fixed or erected by any person is rendered unlawful, the Board may, after hearing the person concerned by order, close, remove, fill up or destroy such wharf, dock, berth, quay, stage, jetty, pier, erection or mooring wharf, dock, quay, stage, jetty, pier of anchorage, or permit the use thereof to such person on payment of such rates and charges as the Board may determine.

1. (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 to have been caused by an order made under sub-section (1).
2. (3) If it is proved to the satisfaction of the Board that any such wharf, dock, berth, quay, stage, jetty, pier or place of anchorage, was made, fixed or erected by any person with the previous permission of the authority competent to grant such permission, and that the erection/construction had been made in full compliance of the terms of such permission,, he shall be paid by the Board compensation, the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say;-
   • (a) in computing the compensation, there shall not be taken into account any 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 amount of compensation shall be calculated with reference to the cost of construction of such wharf, dock, berth, quay, stage, jetty, pier or place of anchorage;
   • (c) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;
   • (d) where no such agreement can be reached, the State Government shall appoint an arbitrator, a person who is, or has been, or is qualified for appointment as a Judge of a High Court;
   • (e) at the commencement of the proceeding before the arbitrator, the Board and the person to be compensated shall state what in their respective opinion is a fair amount of compensation;
   • (f) the provisions under the Arbitration and Conciliation Act, 1996 (Act No.26 of 1996) shall apply to arbitrations under this Act. CHAPTER – VI IMPOSITION AND RECOVERY OF RATES AT PORTS