Section 8 in The Barakar Electric Supply Installations Acquisition Act, 1981
8. Manner of payment of amount. -
(1)The Board shall determine the net amount payable to the owner after determining the gross amount payable to the owner and making therefrom the deductions provided in this Act.(2)The Board may call for the assistance of such officers and staff of the Barakar Electric Supply Installations as it may deem fit in determining the net amount under sub-section (1).(3)If any dispute arises in the determination of the net amount payable to the owner under sub-section (1), the Board shall report the dispute to the State Government and the State Government shall refer the dispute to an Arbitrator to be appointed by the State Government for determination of the net amount payable to the owner. The Arbitrator shall be a person who is or has been a High Court Judge or a District Judge.(4)The dispute in the determination of the net amount payable to the owner under sub-section (1) may include any of the following matters-(a)Whether any property belonging, or any right, liability or, obligation attaching, to the property vests under section 3?(b)Whether any fixed asset forms part of property?(c)Whether any hire-purchases agreement or other contract has been entered into bona fide or not?(d)What was the value of the property on the appointed day?(e)What amount, if any, is due from the owner to the employee under clause (b) of sub-section (1) of section 7 of adjustment of the amount, if any, due from such employee to the owner immediately before the appointed day?(f)What amounts, if any, have to be deducted under this Act from the gross amount payable to the owner?(5)The net amount payable to the owner shall, on determination under sub-section (1) or sub-section (3), as the case may be, be paid by the Board to the owner as soon as possible.(6)The net amount referred to in sub-section (5) shall bear interest at the rate of four per centum per annum from the appointed day till the date of payment.(7)When the gross amount payable to the owner is equal to or less than the total amount to be deducted no payment shall be made to the owner by the Board.(8)The determination of the amount due to the employee under subsection (6) or sub-section (7) or sub-section (8) of section 7 or under subsection (3) of this section, as the case may be, shall be final and conclusive and shall not be called inquestion in any Court or tribunal or any other authority.(9)The Board shall, on final determination of the amount due to the employee, pay to him in terms of the provisions of sub-section (2) or subsection (3), as the case may be, of section 7 the amount so determined to be due to him. If any amount due to any employee remains unpaid, the same shall be deposited by the Board in any branch of the State Bank of India and shall be payable to the employee or his legal representative.(10)Subject to the provisions of this section, the provisions of the Arbitration Act, 1940 shall apply to the arbitration under this Act.
