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[Cites 0, Cited by 0] [Section 75] [Entire Act]

State of Karnataka - Subsection

Section 75(1) in The Karnataka Education Act, 1983

(1)Where any property is requisitioned or acquired under this Act, the amount payable therefor shall be as determined and paid in the manner and in accordance with principles hereinafter set out, that is to say,-
(a)where the amount is settled and fixed by agreement it shall be paid accordingly;
(b)where there is no such agreement, the State Government shall appoint as arbitrator a person who is holding or has held a judicial office not below the rank of a District Judge, for determining the amount;
(c)at the commencement of the proceedings before the arbitrator the State Government and the person to whom the amount is payable shall state what according to them is the fair amount;
(d)the arbitrator shall after the enquiry determine the amount which appears to him to be just and specify the person or persons to whom such amount shall be paid and in making the award determining the amount he shall have regard to the circumstances of each case and the provisions of sub-section (2), (3), (4) and (5) so far as they are applicable;
(e)where there is any dispute as to the person or persons who are entitled to the amount, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to the amount, he shall apportion the amount amongst such persons according to their rights: and
(f)nothing in the Arbitration Act, 1940 (Central Act 10 of 1940) shall apply to artibrations under this section.