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Section 162 - Settlement of Betterment Fee by Arbitrator in Karnataka Municipalities Act, 1964

snapp 162 KMA 1964 0 Notes

Settlement of Betterment Fee by Arbitrator.

(1) If the person concerned does not accept the assessment made by the municipal council or fails to give the municipal council the information required under subsection (2) of section 161 within the period specified therein, the matter shall be determined by an arbitrator appointed by the Government.

(2) An arbitrator appointed under sub-section (1) shall be a person who, --

(i) has for at least five years held a judicial office in the State; or

(ii) has for at least five years been an Advocate.

(3) If the Government is satisfied after such inquiry, as it thinks fit, thatany arbitrator appointed under sub-section (1) has misconducted himself, it may remove him.

(4) If any such arbitrator dies, resigns, becomes disqualified, is removed, or refuses to perform or in the opinion of the Government, neglects to perform or becomes incapable of performing his functions, the Government shall forthwith appoint another arbitrator.

(5) When the arbitrator has made his award, he shall sign it and forwardit to the municipal council and such award shall, subject to the provisions of sub-section (6), be final and conclusive and binding on all persons.

(6) Any party aggrieved by an award including the finding on costs under sub-section (3) of section 164, if any, may, within thirty days from the date of the communication thereof, appeal to the District Judge having jurisdiction over the1[municipal area] and any order or decision of the said District Judge shall be final and conclusive and binding on all persons.

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1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.

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