Harbours Act, 1946

Local inquiries.

164.—(1) The Minister may at any time direct that a local inquiry be held into any of the following matters:

(a) the performance by a harbour authority of their powers, functions and duties;

(b) the finances of a harbour authority;

(c) the condition of the harbour of a harbour authority;

(d) the rates charged by a harbour authority;

(e) the accommodation and facilities provided by a harbour authority;

(f) any complaint as to the operation of any bye-law of a harbour authority;

(g) any complaint as to the conduct of an officer or servant of a harbour authority;

(h) any matter in respect of which the Minister is authorised by any other section of this Act to direct a local inquiry;

(i) any other matter whatsoever relating to a harbour authority in respect of which the Minister is of opinion that a local inquiry should be held.

(2) The following provisions shall have effect in relation to a local inquiry held under this Act:

(a) the inquiry shall be held by such person and at such time as the Minister appoints;

(b) the harbour authority to whom the inquiry relates shall give notice in such manner as the Minister directs of the holding of the inquiry to the public and to such particular persons as the Minister specifies;

(c) the person holding the inquiry may, if he so thinks proper, exclude the public from the inquiry, but every person who, in the opinion of the person holding the inquiry, is interested in the subject matter of the inquiry shall be entitled to attend and be heard thereat;

(d) the person holding the inquiry shall have all such powers, rights and privileges for enforcing the attendance of witnesses and examining them on oath (which such person is hereby authorised to administer) or otherwise, and for compelling the production of documents, as are vested in the High Court or a Judge thereof in respect of the trial of an action, and a summons (which may be served personally or by post) signed by such person shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses and compelling the production of documents;

(e) if any person—

(i) on being duly summoned as a witness at the local inquiry makes default in attending, or

(ii) being in attendance as a witness at the inquiry refuses to take an oath legally required by the person holding the inquiry to be taken, or to produce any document legally required by the person holding the inquiry to be produced by him, or to answer any question to which the person holding the inquiry may legally require an answer, or

(iii) does any other thing which would, if the person holding the inquiry were a Court of Justice, having power to commit for contempt of court, be contempt of such court, the person holding the inquiry may certify the offence of that person under his hand to the High Court and that Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said Court;

(f) a witness before the inquiry shall be entitled to the same immunities and privileges as if he were a witness before the High Court;

(g) all expenses incurred by the Minister in holding the inquiry shall be paid to the Minister by such person or persons and, if by more than one such person, in such proportions as the Minister directs, and the amount of such expenses shall be fixed by the Minister and when so fixed shall be recoverable by the Minister accordingly as a simple contract debt in any court of competent jurisdiction;

(h) the expenses incurred by a harbour authority in causing notice of the inquiry to be given in pursuance of this section shall be paid by such person as the Minister directs and (if such person is not such harbour authority) shall be recoverable by such harbour authority from such person as a simple contract debt in any court of competent jurisdiction;

(i) the person holding the inquiry may, if he thinks proper so to do, order the costs and expenses incurred by any person (including a harbour authority) of appearing or being represented and adducing evidence at the inquiry to be paid by any other person who appears or was represented at the inquiry;

(j) where the person holding the inquiry orders the costs and expenses incurred by one person to be paid by another person, such costs and expenses shall be taxed and ascertained by a taxing-master of the High Court on the requisition of either the person to whom or the person by whom such costs and expenses were so ordered to be paid, and the amount of such costs and expenses when so taxed and ascertained shall be recoverable as a simple contract debt in any court of competent jurisdiction by the person to whom, and from the person by whom, such costs and expenses were so ordered to be paid.

(3) Where a harbour authority fail to give a notice directed by the Minister to be given by them under this section, the Minister may, without prejudice to any other proceedings against the harbour authority, himself give the notice and all expenses incurred by him in so doing shall be borne by the harbour authority and shall be recoverable by the Minister from the harbour authority as a simple contract debt in any court of competent jurisdiction.