Section 33 in The Bengal Land-Revenue Settlement Regulation, 1822
33. First. - Collectors authorised to refer certain cases to arbitration. Force of awards passed on such reference.
- It shall be competent to Collectors or other officers exercising the powers of Collectors 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 or the tenures therein, or the rights 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.In referring cases to arbitration under the above provision, and in their general proceedings relative to such suits, the Collector [* * * *] [Words and figures 'shall be guided by the rules contained in Regulation 16, 1793 and the other corresponding enactment's and in Regulation 6, 1813, in so far as the same may be applicable, and' omitted by Act 16 of 1874.] shall be competent to vest in the arbitrators the same powers and authority in regard to the summoning and examination of witnesses, and the administration of oaths, and to enforce the orders passed by the arbitrators under such powers, in the same manner as the Courts 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 [* * *] [Words 'or city' omitted by Act 1 of 1903.] or other superior Court wherein the case may be cognizable.Second. - Matter of arbitrament to be distinctly specified in Collector's proceedings. - 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 the 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 perfect their award.Third. - Kanungos and tahsildars may be employed as arbitrators. - The pargana kanungos and tahsildars may be appointed arbitrators in any case referred to arbitration under the above rules; anything in the existing Regulations notwithstanding.
