Section 38 in The Assam Frontier (Administration of Justice) Regulation, 1945
38. Arbitration.
(1)The Deputy Commissioner and the Assistant Commissioner shall in every case in which both parties are indigenous to the Tract endeavour to persuade them to submit to arbitration by a panchayat.(2)If the parties agree, each party shall nominate an equal number of members of the panchayat, and the Deputy Commissioner or Assistant Commissioner shall either choose, or direct the panchayat to choose, a further person as umpire.(3)The name and address of the member of the panchayat and umpire, and a statement of the matter in dispute shall be recorded, and the Deputy Commissioner or Assistant Commissioner shall direct the village authority or come other person to assembly the panchayat and witnesses within such time as he may specify, and shall also fix a date on which the decision of the panchayat shall be announced before him.(4)The umpire shall have no vote as a member of the panchayat, but shall enter on and decide the master in dispute if the panchayat, or a majority of its, members, are unable to agree on their decision before the date fixed under sub-section (3).(5)On the date fixed for the announcement of the decision, the umpire and the parties shall appear before the Court which directed the arbitration, and the Court shall record the decision together with any order which it considers reasonable for the payment, or apportionment, of the costs of the panchayat's proceedings.(6)The decision so recorded shall be enforceable as if it was a decision of the Court recording it and shall be final.
