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Section 18: Settlement of betterment charge by arbitrators.

The Jammu and Kashmir State Town Planning Act, 1963Union territory Act of Jammu and Kashmir · Act 20 of 1963

(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 [Arbitration and Conciliation Act, 1996 (26 of 1996)] shall not apply to arbitration under this section.

Where this provision sits

ActThe Jammu and Kashmir State Town Planning Act, 1963
Section18
Marginal noteSettlement of betterment charge by arbitrators.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Substituted by S.O. 1229(E) dated 31.03.2020.

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