(1) For the determination of the matter referTed to in sub-section ( 4) of the last preceding section. the Stat.e Government shalJ appoint three arbitrators of whom one shall be a City Clvfl Court Judge or District Judge or who has been such judge and two others shall possess such technical qualifications as may be prescribed by Government along with terms of such engagement
(2) The arbitrators shall follow such procedure as may be prescribed by Government.
(3) The arbitrators shall, for purpose of determining any matter referred to them have the same powers as arc vested In a Civil Court under the Code of Civil Procedure,1908, when trying a suit, in respect oftbe follow1ngmatters. namely:-
(a) Summoning and enforcing the attendance of any person and examJnjng h\m on oath;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record from any Court or office;
(e) Issuing commissions for examimatlon of witnesses.
( 4) In the e vent of any difference of opinion among the arbitrators, the decision of the majority shall prevail and th4lt dedsion shall be the award of the arbitrations.
(5) Jf any arbitrator dies, resigns, or is removed under sub-section (6) or refuse.c;
or neglects, In the opinion of the State Government. to perform his duties, or becomes incapable of perlorming the same, then the State Government shall forthwith appoint another fit person to take the place of such arbitrator.
(6) lfthe State Government is Sdtisfied after such Inquiry as It thinks flt -
(a) That an arbitrator is guilty of misconduct, the State Government may remove him from his omce;
(b) That the award of the arbitrators has been improperly procured or there has been any misconduct/ill practice In connection with such award. the Smte Government may set aside the award.
(7) An award which has not been set aside by the State Government under clause (b) Qf sub-section (6) shall be final and shall not be questioned in any Court.
TI-IE ASSAY! GAZETTE, EXTRAORDINARY, 0CfOBER30, 2017 4713 Payment of 36. (1) The betterment charge levied under this Act shaJ1 be payable In such bemrmmt number of installments and each installment shall be payable at such time and ln charp. such manner as may be fixed by rules.
llettef1llent ch6rse• llrnchqe on J111d
(2) Any arrear of bettennent charge sbaU bear Interest at the p1'6crlbed rate and shall be recoverable as an arrear of land revenue.