Report No. 76
1.32. Other provisions in Central enactments.-
Apart from the Arbitration Act, 1940, there are provisions regarding arbitration in other Central enactments in force in India, listed below:1
1. |
The Religious Endowments Act, 1863 (20 of 1863) | Section 16 |
Reference to arbitration. |
Section 17 |
Reference under section 312 of the Code of Civil Procedure, 1859. | ||
2. |
The Indian Trusts Act, 1882 (2 of 1882) | Section 43(C) |
Two or more trustees if they fit may compromise, compound, abandon, submit to arbitration or otherwise settle any debt, account claim etc. relating to the trust. |
3. |
The Presidency Towns Insolvency Act, 1909 | Section 68(h) |
The official assignee may refer any dispute to arbitration. |
4. |
The Indian Electricity Act, 1010 (9 of 1910) | Section 52 |
Any matter directed to be determined by arbitration under this Act unless otherwise provided, shall be determined by persons nominated and subject to provisions of the Arbitration Act, 1940. |
5. |
The Co-operative Societies Act, 1912 (2 of 1912) | Section 43(2)(1) |
The state Government may make rule to provide for any dispute to be referred to the Register, or if he so directs, to arbitration and the procedure for arbitration. |
6. |
The Aircraft Act, 1934 (as amended in 1972) | Section 9B |
Where no agreement as to compensation can be reached, an arbitrator may be appointed by the Central Government, who after hearing the dispute, makes as award. |
Section 9D |
Arbitration to have certain powers of civil courts. | ||
7. |
The Demodar Valley Corporation Act, 1948 (14 of 1948) | Section 49 |
Disputes between the Corporation and the government under the Act are to be referred to an arbitrator, to be appointed by the Chief Justice of India. The decision of the arbitrator is to be final. |
8. |
The Electricity (Supply) Act, 1948 (54 of 1948) | Section 76 |
All question arising between the State Government or the Board and a licensee or other person shall be determined by arbitration. The provisions of the Arbitration Act 1940 are to apply. |
9. |
The Viswa Bharti Act, 1951 (29 of 1951) | Section 38 |
Every dispute arising out of a contract between the University and any of its officers or teachers is to be referred to a Tribunal of Arbitration, and the decision of the Tribunal is final. |
10. |
The River Boards Act, 1956 (49 of 1956) | Section 22 |
Section 22 Provides that the Arbitration Act, 1940 shall not apply to arbitrations under the Act. |
11. |
The Defence of India Act, 1971 | Section 24 |
Payment of compensation for immoveable property. |
12. |
The Defence of India Act, 1971 | Section 31 |
Compensation for acquisition of requisition property. |
13. |
The Defence of India Act, 1971 | Section 32 |
Power to make rules. |
14. |
The emergency Risk (Undertaking) Insurance Act, 1971 | Section11 |
Determination of premiums unpaid |
15. |
The Delhi Road Transport Laws (Amendment) Act, 1971 | Section 5 |
Payment of valueof assets and liabilities. |
16. |
The Aircraft (Amendment) Act,!972 | Section 9b, 9c and 9d of the principal Act of 1934 as inserted in 1972. |
Payment of compensation Arbitration to have powers of civil courts. |
17. |
The Delhi Co-operative Societes act, 1972 | Section 60 |
Disputes which may be referred to arbitration. |
18. |
The Delhi co-operative Societies Act, 1972 | Section 61 |
Reference of disputes to arbitration |
19. |
The Antiquities and Art Treasures Act, 1972 | Section 20 |
Payment of compensation for antiquities and art treasures compulsory acquited under section 19. |
20. |
(a)The North-Eastern Hill University Act, 1973 | Section 31 |
Procedure of appeal and arbitration in disciplinary cases agaonst students |
| (B)The North Eastern Hill University Act, 1973 | Section 30 |
Conditions of service of employee | |
21. |
(a) The University of Hyderabad Act, 1974 | Section 30 |
Conditions of service of employee |
| (b)The University of Hyderabad Act, 1974 | Section 31 |
Disciplinary cases against students | |
22. |
The betwa River Board Act, 1976 | Section 18 |
Disputes between the board and the state Government |
23. |
The Delhi Agricultural Produce Marketing (Regulation) Act, 1976 | Section 31 |
Disputes regarding construction of rules etc. to be decided by the Controller of Weight and Measures. |
24. |
The Delhi Agricultural Produce Marketing (Regulation) Act, 1976 | Section 37 |
Provision for settlement of disputes. |
1. The list is not intended to be exhaustive.
