Additional rules for assessment Di comm- pensation on sale.
allowed by the Commissioner for removal under subsection (4) of section 5 together with the period of four weeks immediately following such period as he allowed;
(b) in computing the number of oysters lost the tribunal shall take
account of the number of oysters lost normally as shown from the returns submitted by the licensee to the Commissioner since the commencement of the licence terminated by this Ordinance, and no compensation shall be awarded in respect thereof, (c) compensation in respect of the loss of un-embedded oysters
shall not exceed the market price of such oysters;
(d) compensation in respect of the loss of embedded oysters shall not exceed the cost of replacing such oysters, which cost shall be calculated by reference to the market price of oysters suit- able for embedding, the cost of preparing and embedding such oysters and the cost of keeping and maintaining such oysters until they reach the maturity of the oysters which they are replacing, and such compensation may include interest on capital employed in the purchase of, preparing, embedding and keeping and maintaining such oysters:
(e) the market prices to be used for the purposes of calculating compensation shall be those pertaining at the date of the termination of the licence by this Ordinance;
(f) in addition to any awards made under paragraphs (c) and (d) the tribunal may award an additional sum in respect of any deferment of profits resulting from the loss of such oysters, and for such purpose there shall be taken into account the profits of the licensee in previous years.
(2) For the purposes of this section and of section II an embedded oyster means an oyster into which has been inserted a foreign body for the purpose of producing a cultured pearl.
11. In respect of any claim for compensation in respect of the purchase price of such part of a pearl culture farm as vested in the Government and for compensation in respect of any part of such farm not so vesting, a tribunal shall apply the following rules-
(a) subject to paragraph (6) compensation shall be calculated in accordance with these rules in respect of the pearl culture farm. and there shall be deducted therefrom the aggregate of the amounts contained in the highest offers made to the licensee in respect of any part of such pearl culture farm prior to the date on which he notified, or could have notified, the Commissioner that he required the Government to purchase any part of the pearl culture farm not already sold or agreed to be sold:
(b) no account shall be taken of any part of the pearl culture farm sold or agreed to be sold where the offer of such sale or agree- ment was not notified to the Commissioner in accordance with subsection (2) of section 6:
(c) compensation in respect of un-embedded oysters shall not
exceed the market price of such oysters;
(d) compensation in respect of embedded oysters shall not exceed the cost of replacing such oysters, which cost shall be calculated by reference to the market price of oysters suitable for embedding, the cost of preparing and embedding such oysters and the cost of keeping and maintaining such oysters until they reach the maturity of the oysters being purchased:
(e) the market prices used for the purpose of calculation shall be those pertaining at the date of the termination of the licence by this Ordinance:
(f) buildings, rafts and other equipment shall be assessed on their market value, and where the tribunal is satisfied that there is no market for any item the compensation shall be assessed on the cost of acquiring any building, raft or other equipment whether by construction, manufacture or importation,
(g) assessment made under paragraph (f) shall take into account the existing state of any building, raft or other equipment, andl the compensation awarded shall be in respect of the depreciated value thereof;
(b) no account shall be taken of any loss of profits by the licensee.
additional
12. Where it considers that the rules imposed under sections 9, 10 Tribunal may and 11 have resulted in any hardship to a licensee by reason of such recommend licensee having suffered greater loss or damage than that in respect of awards. which awards of compensation have been made, the tribunal may, when making the award, make recommendations to the Governor in Council for the payment of additional ex-gratia compensation. Any such recom- mendation shall be sent to the Colonial Secretary and a copy shall be furnished to the licenses.
13. (1) Within three months of the making of an award to him by Governor in a tribunal a licensee may apply by way of petition to the Governor in Council any Council for the payment of additional sums as ex-gratia compensation. additional
grant
compensa-
(2) The Governor in Council may, after considering the petition tion. submitted under subsection (1) and any recommendation submitted under section 12. grant such further sums by way of ex-gratia compensa- tion as he may think fit.