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Report No. 76

10.6. Section 43.-

Section 43 confers powers on the court to issue processes for appearance before the arbitrator or umpire. The power is co-extensive with the corresponding power of the court in suits tried before it. There are consequential provisions in regard to persons who fail to attend, and there is a definition of the expression "processes". No amendment is required in the section.

10.7. Section 44.-

Section 44 provides that the High Court may make rules consistent with the Act as to the various matters enumerated in the section. The section needs no change.

10.8. Section 45.-

Section 45 provides that the provisions of the Act shall be binding on the Government. It needs no change.

10.9. Section .- Statutory arbitrations.-

Section 46 provides for the application of the Arbitration Act to what may be conveniently called 'statutory arbitrations' (see the marginal note to the section). With certain exceptions, the provisions of the Act are declared to apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and (as) if that other enactment were an arbitration agreement, except in so far as this Act is inconsistent with that other enactment or with any rules made thereunder.

10.10. Exceptions in section 46.-

Certain sections of that Act have, however, been excluded from the operation of section 46. These are-section 6(1), section 7, section 12, section 36 and section 37.

Arbitration Act, 1940 Back

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