Section 15 in The Orissa Aerial Ropeways Rules, 1959
15. Compensation for damage.
- If any person or owner, agent or manager of a mine sustains damages due to construction of an aerial ropeway or a realignment thereof, who, but for passing of this Act, will be entitled to compensation, may prefer his claim for such compensation to the Collector of the District at any time within twelve months after execution of the work by which he is damaged and the Collector thereupon shall report the case for the orders of the superior Revenue authorities.If the claim be rejected, the claimant shall not be deprived, by reason of the Act, of any right which he might otherwise have had to recover such compensation by civil action; but such action shall not lie unless the claimant shall have first preferred his claim to the Collector within the period above mentioned, nor unless the suit be brought within a period of one year after notice to the claimant of its rejections.If the claim for compensation be admitted by the Revenue authority, and the amount of compensation cannot be agreed upon, the same shall be settled by arbitration in the manner hereinafter provided, and in no other manner, unless by the consent of the claimant and of the superior Revenue authority.(i)Appointment of arbitrators - Unless the Collector and the claimant concur in the appointment of a single arbitrator/the Collector on the part of the Government, and the claimant, shall each appoint an arbitrator, the appointment shall -be in writing, and neither of the said parties shall have power to revoke the same without the consent of the other.(ii)Arbitrator how chosen when there are several claimants for compensation - If there be several claimants for compensation in respect to the same injury, and they cannot agree in the appointment of an arbitrator on their behalf, in that case each of them may nominate one person, and the Collector shall choose by lot out of the persons so nominated by the parties or any of them a person to act as arbitrator on behalf of the claimants.If only one person shall be so nominated, he shall be the arbitrator on behalf of the claimants.(iii)Appointment of 3rd arbitrator - When more than a single arbitrator shall be appointed, the arbitrator shall, before they enter upon the matters referred to them, nominate and appoint by writing a third person to act with them as arbitrator, and, in case the arbitrator for a period of seven days after having been required so to do, the Collector may appoint such third arbitrator. If the arbitrators differ in opinion, or if one of them, having received due notice of a meeting of arbitrators, neglects to attend, any two arbitrators may make an award.(iv)Appointment in place of arbitrator not acting - If any person, on, being appointed as arbitrator, shall refuse to act, or after accepting the appointment, shall die or become incapable of acting, another person shall be appointed in his stead, in the same manner in which the first person was appointed.(v)Collector empowered to enforce attendance of arbitrators - After the arbitrators have accepted the appointment, the Collector shall be competent to exercise, towards them, such powers and authority, for securing their attendance and the due completion of their award, as the said Collector may legally exercise towards witnesses summoned before him when acting judicially for the purposes of compelling them to attend and give evidence.(vi)In default of award within specified period, fresh arbitrator may be chosen - If no award be made within a period to be fixed for that purpose by the Collector, he may order that the matter shall be referred to another arbitrator or other arbitrators to be chosen in the same manner and subject to the same rules as the first.(vii)Collector to furnish information to arbitrators and to enforce attendance and examination of witnesses; etc., - The Collector shall furnish to the arbitrators, or so far as may be in his power, procure for them, any information which his records or those of any public department may afford, connected with the subject of enquiry.He shall, on the application of the arbitrators, summon any witness whom the arbitrators may call for, and whom the party may not be able to produce before them without such process, and require the persons so summoned to bring and produce before them, all such books papers, deeds, writings, maps and plans as they shall require. He shall also cause the proper affirmation to be made and signed by any witness whom the arbitrators may desire to examine upon affirmation, or he may empower the arbitrators to cause such affirmation to be made and signed before them.(viii)Penalty on witness not appearing - Any witness, who shall refuse or omit to appear when duly summoned by the Collector, or who shall appear but shall refuse to make such affirmation, or who shall refuse to give evidence, shall be liable to the same punishment which would be incurred under the law by witness refusing to appear or give evidence before the Collector when acting judicially.(ix)Penalty for false deposition - Any person giving intentionally or deliberately a false deposition under an affirmation, in any case referred to arbitration as above, shall be held to be guilty of perjury and shall be liable to the penalties prescribed for that offence by law.(x)Award of Arbitration - On the close of the inquiry the Arbitrators shall deliver a full and complete award, which shall specify the amount of compensation and the party or parties entitled thereto.The proceedings of the arbitration shall be deposited in the Collector's office and every party interested therein shall be entitled to a copy of the award on plain paper under the seal and signature of the Collector, which copy shall be prima facie evidence thereof.(xi)When payment of compensation may be refused - If the right to the compensation shall, in any case be doubtful, or if there exist any grounds which, in the Judgement of the arbitrators or of the Collector, render it improper to make immediate payment thereof to any of the claimants the amount shall be invested in Government securities, and held on deposit until one of the claimants shall obtain an order of Court for the payment thereof.(xii)Reversal or alternation of Award - No award passed under this Rule shall be liable to be reversed or altered, except by the decision of a Civil Court on the ground of corruption or misconduct of the Arbitrators, and no suit to set aside such an award shall be entertained, unless it be instituted within three months from the date of award.In case the award shall be so reversed, the matter shall be referred to another Arbitrator or other Arbitrators to be appointed in the same manner as the first.(xiii)Dismissal of suits against the Government - All suits and proceedings instituted against the Government in any case in which compensation has been awarded except suits instituted for the reversal of awards as aforesaid shall be dismissed with costs.But nothing herein contained shall affect the right of any party to recover the amount awarded from any person who may have received the same without any just title thereto.(xiv)Estimated value of benefit to be set off against the compensation awarded - In fixing the amount of compensation to which any person may be entitled by reason of any of the acts mentioned in Rule 15 the Court or Arbitrators, as the case may be, shall take into consideration whether any party to the suit or arbitration has derived or will derive benefit from the act in respect of which the compensation is claimed and shall set off the estimated value of such benefits, if any, against the compensation which would otherwise be decreed or awarded to that party.(xv)Exception of cases of compensation in respect of huts, trees or crops - The provision of this rule shall not be held applicable to cases in which the compensation to be made, has reference only to huts, trees, or crops which it may be necessary to remove or destroy in constructing or changing the aerial,ropeway.In all such cases the Collector shall thereupon proceed to value and make compensation for such huts, trees or crops.Under Clause (e) of Sub-section (2) of Section 24.
