Section 10(5) in The West Bengal Private Forests Act, 1948.
(5)When a notification has been issued under sub-section (4), the amount of the compensation payable under sub-section (6) to every person whose rights as specified by the Forest Settlement-officer under sub-clause (c) of clause (c) of sub-section (4) are to be extinguished shall be determined, subject to any rules made under this Act, in the manner and in accordance with the principles hereinafter set out, that is to say -(i)when the amount of compensation can be fixed by the Forest Settlement-officer appointed under clause (c) of sub-section (4) by agreement, it shall be paid in accordance with such agreement;(ii)where no such agreement can be reached, the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall appoint as arbitrator a person who has exercised the powers of a District Judge in West Bengal or who possesses such qualifications as are normally required for appointment to the post of District Judge in West Bengal;(iii)at the commencement of the proceedings before the arbitrator the owner of the forest, or the Regional Forest-officer by whom the compensation is payable, and the person to be compensated shall state what in their respective opinions is a fair amount of compensation;(iv)the arbitrator in making his award shall have regard to the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894, so far as the same can be made applicable;(v)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;(vi)save as provided in this sub-section and in any rules made under this Act, nothing in any law for the time being in force shall apply to arbitrations under this sub-section.
