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§ 156. Applicability of other laws

This subchapter does not affect the applicability of:

(1) the Veterans' Preference Act of 1944, as amended (5 U.S.C., sec. 851 et seq.);

(2) section 6 of the Act of August 24, 1912 (37 Stat. 555), as amended (5 U.S.C., sec. 652); and

(3) section 23 of the Independent Offices Appropriation Act, 1935 (48 Stat. 522), as amended (5 U.S.C., sec. 673c), or section 205 of the Federal Employees Pay Act of 1945, as amended (5 U.S.C., sec. 913), to those classes of employees within the scope of those two sections on July 25, 1958.

Subchapter IV-Retirement and Other Benefits

§ 181. Cash relief to certain former employees; applicability of Civil Service Retirement Act to certain employees

(a) The Governor of the Canal Zone, under the regulations prescribed by the President pursuant to the Act of July 8, 1937, as amended (50 Stat. 478; 68 Stat. 17), may continue the payments of cash relief to those individual former employees of the Canal Zone Government not coming within the scope of the former Canal Zone Retirement Act whose services were terminated prior to October 5, 1958, because of unfitness for further useful service by reason of mental or physical disability resulting from age or disease. Subject to subsection (b) of this section, such cash relief may not exceed $1.50 per month for each year of service of the employees so furnished relief, with a maximum of $45 per month, nor be paid to any employee who, at the time of termination for disability prior to October 5, 1958, had less than ten years' service with the Canal Zone Government and its predecessor agencies, including any service with the Panama Canal Company and its predecessor agencies, on the Isthmus of Panama.

(b) An additional amount of $10 per month, as authorized by the Public Law 86-672 (July 14, 1960, 74 Stat. 552), effective July 1, 1960, shall:

(1) be paid to each person who, on January 2, 1963, is receiving payment of cash relief under authority of the Act of July 8, 1937, as amended (50 Stat. 478; 68 Stat. 17); and

(2) be paid to each person who receives, or, after January 2, 1963, becomes entitled to receive, payment of cash relief under subsection (a) of this section.

The monthly payment of $10 herein provided for shall be in addition to any payments received before January 2, 1963, under the Act of July 8, 1937, as amended, or received under subsection (a) of this section, and shall be made without regard to the limitations contained therein.

(c) The Civil Service Retirement Act applies with respect to those individuals who were in the service of the Canal Zone Government or the Panama Canal Company on October 5, 1958, and who, except for the operation of section 13 (a) (1) of the Act of July 25, 1958 (72 Stat. 410), would have been within the classes of individuals subject to the Act of July 8, 1937.

§ 182. Appliances for employees injured prior to September 7,

1916

The Governor may purchase artificial limbs or other appliances for persons who were injured in the service of the Isthmian Canal Commission or of the Panama Canal prior to September 7, 1916.

Subchapter V-Miscellaneous

$201. Compensation of persons in military, naval, or Public Health Service who serve Canal Zone Government or

Panama Canal Company

(a) If the person appointed as Governor of the Canal Zone and President of the Panama Canal Company, or as Lieutenant Governor of the Canal Zone and Vice President of the Panama Canal Company, is in the military service of the United States, the amount of the official salary paid to him as a military officer shall be deducted from the amount of salary or compensation which is fixed by or pursuant to law for those respective offices.

(b) Except as provided in subsection (a) of this section, persons appointed to or employed in positions in the Canal Zone Government or the Panama Canal Company, who are under assignment for those purposes by the military, naval, or Public Health Service, shall not be paid by the Canal Zone Government or the Panama Canal Company any amount in excess of their military, naval, or Public Health Service pay for the period of that service.

(c) The Canal Zone Government and the Panama Canal Company shall annually pay to the military, naval, and Public Health services of the United States amounts sufficient to reimburse each of those services for the official salary paid to any person in their service for the period of appointment or employment by the Canal Zone Government or the Panama Canal Company.

(d) In the case of persons retired as members of a regular component of the armed forces or the Public Health Service of the United States who are appointed to or employed in positions in the Canal Zone Government or the Panama Canal Company, the amount of their retired pay shall be deducted from the amount of their civilian salary or compensation. This subsection does not require the deduction of the retired pay of any warrant officer or enlisted man.

Bec.

CHAPTER 9-FUNDS AND ACCOUNTS

231. Consolidation of functions in relation to certain funds.

232. Reimbursement of amounts expended in maintaining defense facilities and furnishing certain services.

233. Use of funds for free medical and hospital care prohibited.

234. Sale of water to Republic of Panama.

235. Disaster relief.

§ 231. Consolidation of functions in relation to certain funds The consolidation of the functions of receiving, disbursing and accounting for the funds of the Canal Zone Government and the Panama Canal Company with the functions of receiving, disbursing and accounting for the funds appropriated for the Canal Zone Government is authorized insofar as may be practicable, but separate accounts shall be kept of the transactions under each fund.

§ 232. Reimbursement of amounts expended in maintaining defense facilities and furnishing certain services

(a) Notwithstanding any other law:

(1) the Department of Defense shall reimburse the Panama Canal Company for amounts expended by the Company in maintaining defense facilities in standby condition for the Department of Defense; and

(2) amounts expended by the Canal Zone Government for furnishing education, and hospital and medical care to employees of agencies of the United States and their dependents, other than the Panama Canal Company and Canal Zone Government, less

amounts payable by the employees and their dependents, shall be fully reimbursable to the Canal Zone Government by those agencies.

(b) The appropriation or fund of the agency bearing the cost of the compensation of the employee concerned is made available for reimbursements under subsection (a) (2) of this section.

(c) Appropriations of the Department of Defense available for medical care are made available for the reimbursement of the Canal Zone Government for the cost of providing medical care for dependents of military personnel (to the extent that the care is authorized by chapter 55 of title 10, U.S. Code) in facilities operated by the Canal Zone Government.

§ 233. Use of funds for free medical and hospital care prohibited

Funds of the Canal Zone Government or the Panama Canal Company may not be used for providing free medical and hospital care to employees of the Panama Canal Company or the Canal Zone Government.

§ 234. Sale of water to Republic of Panama

Pending the establishment by the Republic of Panama of an independent water-supply system, and as long as the Republic desires to utilize a supply of water from the Canal Zone, the Republic of Panama shall pay to the Panama Canal Company, for the water so supplied, at such reasonable rate as may be agreed upon by the United States and the Republic of Panama.

§ 235. Disaster relief

If an emergency arises because of disaster or calamity by flood. hurricane, earthquake, fire, pestilence, or like cause, not foreseen ot otherwise provided for, and occurring in the Canal Zone, or occurring in the Republic of Panama in such circumstances as to constitute an actual or potential hazard to health, safety, security, or property in the Canal Zone, the Canal Zone Government and the Panama Canal Company may expend available funds and utilize or furnish materials, supplies, equipment, and services for relief, assistance, and protection. CHAPTER 11-CLAIMS FOR INJURIES TO PERSONS OR PROPERTY

Sec.

BUBCHAPTER I-CLAIMS ARISING FROM CIVIL GOVERNMENT

271. Claims for losses of, or damages to, property.

BUBCHAPTER II-CLAIMS ARISING FROM OPERATIONS OF CANAL

291. Injuries in locks of Canal.

292. Injuries outside locks.

293. Measure of damages generally.

294. Delays for which no responsibility assumed.

295. Settlement of claims.

296. Actions on claims.

297. Investigation of accident or injury giving rise to claim.

Subchapter I-Claims Arising From Civil Government

$271. Claims for losses of, or damages to, property

The Governor, or his designee, may adjust and pay claims for losses of, or damages to, property arising from the civil government, including health, sanitation and protection, of the Canal Zone.

An award made to a claimant pursuant to this section shall be payable out of any moneys appropriated or made available for the civil government, including health, sanitation and protection, of the Canal

Zone; and the acceptance by the claimant of the award shall be final and conclusive on the claimant, and shall constitute a complete release by him of his claim against the United States.

This section does not apply to tort claims cognizable under section 1346(b) of Title 28, United States Code.

Subchapter II-Claims Arising From Operations of Canal

§ 291. Injuries in locks of Canal

The Panama Canal Company shall promptly adjust and pay damages for injuries to vessels, or to the cargo, crew, or passengers of vessels, which may arise by reason of their passage through the locks of the Panama Canal under the control of officers or employees of the company. Damages may not be paid where the injury was proximately caused by the negligence or fault of the vessel, master, crew, or passengers. If the negligence or fault of the vessel, master, crew, or passengers proximately contributed to the injury, the award of damages shall be diminished in proportion to the negligence or fault attributable to the vessel, master, crew, or passengers. Damages may not be allowed and paid for injuries to any protrusion beyond the side of a vessel, whether it is permanent or temporary in character. A vessel is considered to be passing through the locks of the Canal, under the control of officers or employees of the Company, from the time the first towing line is made fast on board before entrance into the locks and until the towing lines are cast off upon, or immediately prior to, departure from the lock chamber.

§ 292. Injuries outside locks

The Panama Canal Company shall promptly adjust and pay damages for injuries to vessels, or to the cargo, crew, or passengers of vessels which may arise by reason of their presence in the waters of the Canal Zone, other than the locks, when the injury was proximately caused by negligence or fault on the part of an officer or employee of the Company acting within the scope of his employment and in the line of his duties in connection with the operation of the canal. If the negligence or fault of the vessel, master, crew, or passengers proximately contributed to the injury, the award of damages shall be diminished in proportion to the negligence or fault attributable to the vessel, master, crew, or passengers. In the case of a vessel which is required by or pursuant to regulations prescribed pursuant to section 1331 of this title to have a Panama Canal pilot on duty aboard, damages may not be adjusted and paid for injuries to the vessel, or its cargo, crew, or passengers, incurred while the vessel was under way and in motion, unless at the time the injuries were incurred the navigation or movement of the vessel was under the control of a Panama Canal pilot.

§ 293. Measure of damages generally

In determining the amount of the award of damages for injuries to a vessel for which the Panama Canal Company is determined to be liable, there may be included:

(1) actual or estimated cost of repairs;

(2) charter hire actually lost by the owners, or charter hire actually paid, depending upon the terms of the charter party, for the time the vessel is undergoing repairs;

(3) maintenance of the vessel and wages of the crew, if they are found to be actual additional expenses or losses incurred outside of the charter hire; and

(4) other expenses which are definitely and accurately shown to have been incurred necessarily and by reason of the accident or injuries.

Agent's fees, or commissions, or other incidental expenses of similar character, or any items which are indefinite, indeterminable, speculative, or conjectural may not be allowed. The Panama Canal Company shall be furnished such vouchers, receipts, or other evidence as may be necessary in support of any item of a claim. If a vessel is not operated under charter but by the owner directly, evidence shall be secured if available as to the sum for which vessels of the same size and class can be chartered in the market. If the charter value can not be determined, the value of the use of the vessel to its owners in the business in which it was engaged at the time of the injuries shall be used as a basis for estimating the damages for the vessel's detention; and the books of the owners showing the vessel's earnings about the time of the accident or injuries shall be considered as evidence of probable earnings during the time of detention. If the books are unavailable, such other evidence shall be furnished as may be necessary.

§ 294. Delays for which no responsibility assumed

The Panama Canal Company is not responsible, and may not consider any claim, for demurrage or delays caused by:

(1) landslides or other natural causes;

(2) necessary construction or maintenance work on Canal locks, terminals, or equipment;

(3) obstructions arising from accidents;

(4) time necessary for admeasurement;

(5) congestion of traffic; or

(6) except as specially set forth in this subchapter, any other

cause.

§ 295. Settlement of claims

The Panama Canal Company, by mutual agreement, compromise, or otherwise, may adjust and determine the amounts of the respective awards of damages pursuant to sections 291-293 of this title. Acceptance by a claimant of the amount awarded to him shall be deemed to be in full settlement of his claims.

§ 296. Actions on claims

A claimant for damages pursuant to section 291 or 292 of this title who considers himself aggrieved by the findings, determination, or award of the Panama Canal Company in reference to his claim may bring an action on the claim against the Company in the United States District Court for the District of the Canal Zone. In the action, the provisions of this subchapter, relative to the determination, adjustment, and payment of claims, and the provisions of the regulations established pursuant to section 1331 of this title, relative to navigation of Canal Zone waters and to transiting the Panama Canal, shall apply. An action for damages cognizable under this section shall not lie against the Company, otherwise, nor in any other court, than as provided in this section; nor may it lie against any officer or employee of the Company.

This section does not prohibit actions against the Company's officers or employees for damages for injuries resulting from their acts outside the scope of their employment or not in the line of their duties, or from their acts committed with intent to injure the person or property of another.

Actions under this section shall be tried by the court without a jury.

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