Amendment status not verified — confirm the current text below against the official source.
(1) Where by or under any rule made under this Act any action is taken of the nature described in sub-section (2) of Section 299 of the Government of India Act, 1-935 (26 Geo. 5, c. 2), there shall be paid compensation, the; amount of which shall be determined in the manner, and in accordance with the principles, hereinafter set out, that is to say:-- (a) Where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement. (b) Where no such agreement can be reached, the Central Government shall appoint as arbitrator a person qualified under sub-section (3) of Section 220 of the above-mentioned Act for appointment as a Judge of a High Court. (c) The Central Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property acquired, to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose. (d) At the commencement of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what in their respective opinions is a fair amount of compensation. (e) The arbitrator in making his award shall have regard to-- (i) the provisions of sub-section (2) of Section 23 of the Land Acquisition Act, 1894 (I of 1894), so far as the same can be made applicable; - and (ii) whether the acquisition is of a permanent or temporary character. (f) An appeal shall lie to the High Court against an award of an arbitrator except in cases where the amount thereof does not exceed an amount prescribed in this behalf by rule made by the Central Government. (g) Save as provided in this section and in any rules made thereunder, nothing in any law for the time being in force shall apply to arbitrations under this section. (2) The Central Government may make rules for the purpose of carrying into effect the provisions of this section. (3) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe-- (a) the procedure to be followed in arbitrations under this section; (b) the principles to be followed in apportioning the costs of proceedings before the arbitrator and on appeal; (c) the maximum amount of an award against which no appeal shall lie.