Section 33 in The Bengal Land-Revenue Settlement Regulation, 1822
33. Collectors authorized to refer certain cases to arbitration.
- First. - It shall be competent to Collectors or other officers exercising the powers of [Collectors] [For the exercise of functions of Collectors by other officers, see Section 35.] to refer to arbitration any disputes cognizable by them under the provisions of this Regulation, as well as any questions or disputes of any kind respecting land of the tenures therein, or the reights dependent thereon, that may come before them provided the parties consent to that mode of adjustment, and on award being made, to cause the same to be executed.Force of awards passed on such reference. - In referring cases to arbitration under the above provision, and in their general proceedings relative to such suits, the [Collectors] [For the exercise of functions of Collectors by other officers, see Section 35.] [* * *] [The words and figure 'shall be guided by the rules contained in Regulation 16,1793, and the other corresponding enactment and in Regulation 6 of 1873, in so far as the same be applicable, and' Repealed by Act 16 of 1874.] shall be competent to vest in the arbitration's the same powers and authority in regard to the summoning and examination of witnesses, and the administration of [oaths] [As to oaths, see Act 10 of 1878.] and to enforce the orders passed by the arbitrators under such powers, in the same manner as the Court of judicature are empowered to do; and all awards made on such references shall, when confirmed by the Collector, have the same force and validity as a regular decree of the Adalat, and shall not be liable to be reversed or altered, unless the award shall be open to impeachment on the ground of corruption or gross partiality or shall extend beyond the authority given by the submission of the parties; and such ground of impeachment shall be established in a regular suit in the Zila, [* * *] [The word 'City', Repealed by Act 1 of 1903.] or other superior Courts wherein the case may be cognizable.Matter of arbitrament to be distinctly specified in Collector's proceedings. - Second. - In referring any dispute to arbitration, the Collector shall be careful to specify in his proceedings, and in the deed of arbitration to be executed by parties, the precise matter submitted to the arbitrators; and if the award first made by the arbitrators shall not include all the points submitted to them, or shall be otherwise incomplete; it shall be competent to the Collector again to refer the matter to them, with directions to prefect their award.Kanungos and tahsildars may be employed as arbitrators. - Third. - The pargana kanungos and tashildars may be appointed arbitrators in any case referred to arbitration under the above Rules; anything in the existing Regulations notwithstanding.
