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State of Jammu-Kashmir - Section

Section 18 in The Jammu and Kashmir State Town Planning Act, 1963

18. Settlement of betterment charge by arbitrators.

(1)For the determination of the matter referred to in sub-section (4) of section 17, the Government shall appoint an arbitrator who shall have knowledge of the valuation of land.
(2)The arbitrator shall follow such procedure as may be prescribed by rules made in this behalf.
(3)If the arbitrator dies, resigns or is removed under sub-section (4), or refuses, or neglects, in the opinion of the Government, to perform his duties or becomes incapable of performing the same, then the Government shall forthwith appoint another fit person to take the place of such arbitrator.
(4)If the Government is satisfied after such enquiry as it thinks fit-
(a)that the arbitrator has misconducted himself, the Government may remove him from his office;
(b)that the award of the arbitrator has been improperly procured or that the arbitrator has misconducted himself in connection with such award, the Government may set aside the award.
(5)An award which has not been set aside by the Government under clause (b) of sub-section (4) shall be final and shall not be questioned in any Court.
(6)The provisions of the Jammu and Kashmir Arbitration Act, Svt. 2002 shall not apply to arbitration under this section.