Section 40(4) in The West Bengal Maritime Board Act, 2000
(4)(a)In computing the compensation referred to in sub-section (3), there shall not be taken into account any rates or other charges which the person referred to in- sub-section (3) shall be liable to pay for using any wharf, dock, 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, quay , stage, jetty, pier, or place of anchorage.(c)The amount of compensation may be fixed by agreement and, in such case, the compensation shall be paid in accordance with such agreement.(d)Where there is no such agreement, the State Government shall appoint as arbitrator a person who is, or has been, or is qualified to be, appointed as a Judge of a High Court.(e)The State 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 sub-section and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose.(f)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.(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.(h)Where there is a dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and, if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof among such persons.(i)Nothing in the Arbitration Act, 1940, shall apply to any arbitration under this sub-section.(j)The arbitrator appointed under cause (d), while holding arbitration proceedings under this Act, shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters: -(i)summoning and enforcing the attendance of any person and examining him on oath,(ii)requiring the discovery and production of any documents,(iii)receiving evidence on affidavits, and(iv)issuing commissions for examination of witnesses or documents.(k)Every award shall also state the amount of costs incurred in the arbitration proceedings under this section and by which persons and in what proportions they are to be paid.(l)Any person aggrieved by an award of the arbitrator made under this section may, within thirty days from the date of the award, prefer an appeal to the High Court within whose jurisdiction the port is situated:Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
