Bare ActsThe howrah improvement act, 1956

Section 82

Amendment status not verified — confirm the current text below against the official source.

(1) For [he dctcrmination of h e mailer referred lo in sub- Sctdcnwnl olbcnennenl section (4) OF secrion 8 1, Lhc SI~IC Government shall conslilute a panel rfcby of arbitrators consisting of two pans, he first pas of which shall bc dirmors. cornposcd of persons having special knowlcdgc of Ihc valuarion of land and the second part of orhcr suitablc pcrsons. (2) When the Board havc, in accordance wilh the provisions of section 8 1, assessed the amount of kucrmenr fee payable by all persons in respecl of land in h e arca comprised in the scheme, the Board shall serve a nolice on all thosc pcrsons who havc dissenied from the assessmen1 made by the Board, requiring hcm to mcct ar such time and place as may be fixed by thc Chairman for Ihc purpose of elecung an nrbitrator. (3) For each scheme therc shall bc a body of two arbilrators, one of whom shall be elected by vorc by h c persons presenL at the meeting rcrcrrcd to in sub-scclion (2) from one pan OF the pancl, and rhc orher shall be appointed by (he Starc Govcrnmenl from the oher part of the panel: Provided [hat for the purposes of a particular scheme the State Covernrncnt may, prior to the eleclion referred ro in this sub-scction, if it thinks Lil, modify either part of the panel. (4) In thc evcnl of a difrerence of opinion on any matter betwecn Lhc ~ w o arbiualors, a rhird arbib-ator who shall act as an umpirc shall be selected by 101 from the first pad of the panel, and Ihe decision of the umpire on [he marter shall bc final. (5) If an slrbiirihlor dics, resigns, bccomcs disqualified, is removed undcr sub-scction (6), or rzfuses lo p e h r m or in h e opinion of thc Smle Govcrmnent neglects ro perform or becomes incapable of pcrrorming his hnclions, the authority who elcctcd or appoinlcd him shall for~hwilh clccr or appoint a fit person to takc Ihc placc of such arbimlor. (6) If the Stale Government is satisfied aRer such inquiry as il rhinks fil ~har [he arbirrator has misconducted hirnselr, it may rcmove him. (7) When an award has been made under [his scclion by [he arbiuarors or thc umpire, as thc case may be. thc award shall bc signed by thc arbiaators or thc umpirc, as the case may be, and shall be rorwarded by the arbitrators to the Baard, and such award shall, subjccl lo the provisions of sub-section (S), bc final and conclusive and hind in^ on all ncrsons. B o d lo givc noolicc 10 pcl3ons liable ro pllyrrrnt of hcllcntbcnl CM. The Howmh i ~ ~ ~ p m v e n w ~ r Act, 1956. [West Ben. Act (Chapter IK-Acqeisiriotr arld Disposol of Ln1td.- Sectior~s 83-86.) (8) IF the State Government is satisfied, aher such inquiry ns it thinks fit, [hat an award has becn improperly procurcd or !hat an arbitrator has misconduc~cd himself in connection wilh an award, !hc State Government may set aside the award.

Section 82 – The howrah improvement act, 1956 | DailyLaw.ai