Report No. 76

11.22. Provision in Electricity (Supply) Act, 1948.-

It would be of interest to note one statutory precedent which strikes a departure from the general rule. The Electricity (Supply) Act, 1948, section 76(3A), contains the following provision applicable to arbitrations thereunder:-

"(3A) Where any question or matter is referred to the Authority for arbitration under this section, the Authority shall be deemed to enter on the reference for the purposes of paragraph 3 of the First Schedule to the Arbitration Act, 1940, on the date on which the parties appear before the Authority for the first time:

Provided that where the parties or any of them fail to appear before the Authority on the date fixed for the first hearing of the case and the Authority decides either on that date or any subsequent date to proceed with the case in the absence of the parties or any of them, as the case may be, the Authority shall be deemed to enter on the reference on the date of such decision."