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State of West Bengal - Section

Section 82 in The Howrah Improvement Act, 1956

82. Settlement of betterment fee by arbitrators.

(1)For the determination of the matter referred to in sub-section (4) of section 81, the State Government shall constitute a panel 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 81, 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 from the other part of the panel:Provided that for the purposes of a particular scheme the 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 shall be selected by lot from the first part of the panel, and the decision of the umpire on the matter shall be final.
(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 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 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 this section by the arbitrators or the umpire, as the case may be, the award shall be signed by the arbitrators or the umpire, as the case may be, and shall be forwarded by the arbitrators 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 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 may set aside the award.