Minerals Development Act, 1940

Costs of the parties at inquiries.

55.—(1) The costs of an inquiry held by the Board under this Part of this Act incurred by any party appearing at such inquiry shall be borne by that party, unless the Board consider that justice requires that those costs or any part thereof should be paid by some other party appearing at such inquiry, in which event they may include a recommendation to that effect in their report to the Minister.

(2) Every recommendation made by the Board under this section shall specify the amount (in this section referred to as the specified amount) of costs which they consider should be paid, and the party whom they consider entitled to such costs and the party whom they consider liable to pay the same.

(3) Whenever the Board make a recommendation under this section, the Minister shall consider such recommendation, and may, if he so thinks fit, by order direct that such sum of costs (not exceeding the specified amount), as he thinks proper shall be paid to the party whom the Board consider entitled to such costs by the party whom they consider liable to pay the same.

(4) A sum directed to be paid by order of the Minister under the next preceding sub-section of this section shall, in default of payment, be recoverable as a simple contract debt in any court of competent jurisdiction.

(5) For the purposes of this section, the costs of an inquiry include the fees, charges and expenses of and incidental to such inquiry.