78C. [ Settlement of betterment fee by arbitrators] [The heading and Sections 78A to 78C inserted by Ben. Act 8 of 1931.]. - (1) For the determination of the matter referred to in sub-section (4) of section 78B, the [State Government] [Words substituted by the Adaptation of Laws Order, 1930.] shall constitute a penal of arbitrators consisting of two parts, the first part of which shall be composed of persons having special knowledge of the valuation of land and the second part of other suitable persons.
(2)When the Board have, in accordance with the provisions of section 78B, assessed the amount of betterment fee payable by all persons in respect of land in the area comprised in the scheme the Board shall serve a notice on all those persons who have dissented from the assessment made by the Board, requiring them to meet at such time and place as may be fixed by the Chairman for the purpose of electing an arbitrator.(3)For each scheme there shall be a body of two arbitrators, one of whom shall be elected by vote by the persons present at the meeting referred to in sub-section (2) from one part of the panel, and the other shall be appointed by the [State Government] [Words substituted by the Adaptation of Laws Order, 1930.] from the other part of the panel:Provided that for the purposes of a particular scheme the Words substituted by the Adaptation of Laws order, 1950. [State Government] may, prior to the election referred to in this sub-section, if it thinks fit, modify either part of the panel.(4)In the event of a difference of opinion on any matter between the two arbitrators, a third arbitrator [who shall act as an umpire] [Words inserted by W. B. Act 32 of 1955.] shall be selected by lot from the first part of the panel, and [the decision of the umpire on the matter shall be final] [Words substituted by W. B. Act 32 of 1955.],(5)If an arbitrator dies, resigns, becomes disqualified, is removed under sub-section (6), or refuses to perform or in the opinion of the [State Government] [Words substituted by the Adaptation of Laws order, 1950.] neglects to perform or becomes incapable of performing his functions, the authority who elected or appointed him shall forthwith elect or appoint a fit person to take the place of such arbitrator.(6)If the [State Government] [Words substituted by the Adaptation of Laws order, 1950.] is satisfied after such inquiry as it thinks fit that the arbitrator has misconducted himself, it may remove him.(7)When [an award has been made under and this section by the arbitrators or the umpire, as the case may be,] [Words substituted by W. B. Act 32 of 1955.] they shall sign it and forward it to the Board, and such award shall subject to the provisions of sub-section (8) be final and conclusive and binding on all persons.(8)If the [State Government] [Words substituted by the Adaptation of Laws order, 1950.] is satisfied after such inquiry as it thinks fit that an award has been improperly procured or that an arbitrator has misconducted himself in connection with an award, the [state Government] [Words substituted by the Adaptation of Laws order, 1950.] may set aside the award.
