Compensation payable in certain cases where use of any private wharf, etc.,

(1) Where, as a result of an order published under section 28 or section 31, the use of any dock, berth, wharf, 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 dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, or permit the use thereof to such person on payment of such rates and charges as the Board may, with the previous sanction of the Government determine. (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). (3) If it is proved to the satisfaction of the Board that any such dock, berth, wharf, 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, 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, namely:- (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 dock, berth, wharf, 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 dock, berth, wharf, 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 Government shall appoint an arbitrator, a person who is or has been, or is qualified for appointment as a Judge of the High Court; (e) the Government may, in 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 question which has to be decided by him under this section, and where such nomination is made the person to be compensated may also nominate an assessor for the same purpose; (f) after 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; (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 persons to whom such compensation shall be paid; (2) The Chairman of the Board shall also be the Chairman of the Committee. (3) The Chief Executive Officer of the Board as the Government may appoint in this behalf shall act as Secretary to the Committee. (4) The functions of the Committee as so constituted shall be as under:- (a) to advise the Board on all general questions pertaining to the ports; Inland Water Transport and Ferries and Coastal protection; (b) to advise the Board in respect of any scheme pertaining to development of any port; Inland Water Transport and Ferries and Coastal protection; (c) to review the administration of ports Inland Water Transport and Ferries and Coastal protection. and to suggest ways and means of improving their work; (d) to suggest ways and means to remove any difficulty experienced by the Board in its administration of ports; Inland Water Transport and Ferries and Coastal protection; (e) to make suo-moto recommendation to the Board in regard to any matter relating to administration of the ports; Inland Water Transport and Ferries and Coastal protection (f) to report to the Government or as the case may be, the Board on such matters as may be referred to it either by the Government or the Board for its opinion. (5) The Government may by general or special order provide for,– (a) the calling of the meetings of the Committee and procedure of meetings; (b) duties of the Secretary of the Committee; (c) the term of the office of persons appointed to be the members of the Committee to represent any of the aforesaid interests, travelling allowance and daily allowance to the members of the Committee and rate thereof. (6) Any person appointed to the Committee to represent any of the aforesaid interests may resign from the membership by tendering his resignation in writing to the Chairman and the resignation shall take effect from the date on which it is received by the Chairman who shall give intimation of the vacancy to the Government.