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7
ORISSA ACT 3 OF 1992
THE ARBITRATION (ORJSSA SECOND AMENDMENT) ACT, 1991

TABLE OF CONTBNTS
PREAMBLE

SECTIONS
1.

Short title and commencement

2. . Amendment cf seC2ion 41-A

3. Application and ,conscqueaces of amendment

4.

Repeal and savii~gs

ORISSA ACT 3 OF 1992

*THE AWlTRnTlON (ORESSA SECOND AMENDMENT) ACT, 1991

[Received the assent of tire President on Ihe l a d Junrrnry 1992, first pblirhed in m
exhaordinbry Jsme of the Orissa Gazette,dored the 23rd January 19921

BE

it eaacted by the helcgialature of the S t l f e of Oriasa in the pony-rsood

Year of the Republic of India as follows :-

1. ( I ) Tbii Act may be called the Arbitration (Orissa Second Amendment) Act,

Shm titre
'

f,"myC

1991.

(2) It shall be deenied to have come into force on the 2401 day of September,

f 991.
2. In the Arbitration Act, 1340 jn its application to the State of Odsja do
[hereinafter referred to as the principal Act), i a section 41-A, after sub-section (I),
searon dl-** the following subsection shall be deemed to have been inserted with effect from thc
26th day of March, 1983 and in force during the period betwren the said dare - ~ n d
the 24th day of January, 19% (both the days inclusive), namely :Amendment

of

@'(I-a)N o reference to arbitration of' any dispute specified in sub.

section ( I ) involving a claim of rupees one crore 'or above shall be made
-under- tho said sub-section to a Special Arbitration Tribunal, unless the
amount agreed to by the parties in the contract out o f which such dispule
bas arimn is more than half the amount of such claim.".

i940.

Ap~Eation

and

3. Notwithsta!ding anyth.ing to the contrery in the principal Act, or in m y

award made by Special ArblEral~onTribunal in relation t o any dispute, or in any

~judgement,
~ decree or~order passad
~ by m y~Court in,relation .to any
award,( i)

such dispute or

the amendment made by seuio 2 shall apply to and in relation to every

dispute in respect of which award has been made by Special Atbitratinn .
Tribunal. whether such award has been, or is ,pending tp be, made the rule
of the Court under section 17 of the principal Act ;

(ii) any ~eferencem'ade to Special Arbitration Tribuazl in r e s ~ etc of a dispute

referred to in clause (i) inconsistently .witb the prevision of sub-section
(I-a; of section #:l-A cf lLc
Act as inserted by sectin112 of ihic
Act shdl be dcemcd tcl be invalid as if rho said sub-section (I-a) of section
41-A was in force at ihe time when such reference was made; and
(iii) In t h e case of every dispute, the refereme in respect of which is so deemed
to be ir~validunder clause [ii), a fresh reference to arbitration shall be made
to the Arbitration Tribunal within ninety days from the date of publication of

the Arbitration (Orissa Amendment) Ordinanoe, 1991 in the o86cial Clssclts. z

z
$
j

Explunaf ion-For the purposes of this section, the .expression "Special Arbitration Tribunal" sball mean a Spscia: Arbiriation Tribunal constituted under
subsection (1) of section 4 1-A 01 tbe principal ACIes it stood prior to the 25th day of
January, 1990.
R e p 1 and
~WIP~P.

'

4. ( I ) Thc Arbitration (Orissa ,Amendmat) Ordinance,

repealed.

1 991 i s

of 1991.

hereby 0nlm Ordi-

(2).~otwitbst_andbg~such
repeal, any thing done or any action taken under tha
Act as amended by the said Ordinance shall be dcemed to have been done
or taken under the prfncipal Act as amended ,by.
this .4ct.

oanm No. 7
of 1991.

ORISSA ACT 70 OF 1992

THE ARBITRATION (ORISSATIIIRD AMENDMENT) ACT, 1991

TABLE OF CONTENTS
PRrnBLB
SECTIONS

1. Short title

!3

2. Amendment of Section 13
-3. Application and effect

ORTSSA ACT 20 OF 1992,

*THE ARBJTRATION (ORISSA THIRD AMENDMENT) ACT, 1991

IReceived tJle assetzt of file Presiderzt on the 27B April 1992, first published in
an extrdordir~aryiss11e of the Orjssa Gazctte, dated the 2nd May 19921
I

A N ACTWO AMEND

BE

mfl A R ~.. MTION

.

ACT*

1946 IN ITS APPLICATION

TO Tm

S T A ~OP ORZSSA.

it enacted by thc Legislature of the State of Orissa in the Foitysccond Year of the Republic of India as follows :
short title.
Amendment
ofssqon 13.

1. This Act may ix called the Arbitration (Orissa Tbird Amendment) Act, 1991.
2. In the Arbitration Act, 1940 (hereinaner referred to as the principai Act),
scction 13 shall bo rennmbcred as sub-seclion (1) thereof and, after sub-section ( I )
as so rcpumbered, the following sub-section shall be and shall be decmed always
to havc been inserted and in force till the 25th day of March, 1983, namely,: -

(2) No arbitrator or umpire shall pass a non-speaking a,ward in relation to

any dispute of the nature specified in sub-section (1) of section 41-A, if the
amount of such award is more than doublc the amount agreed to by the
parties in the contract out of which such dispute has arisen. ''
r

Applhtio~

efm.

3. Notwithstanding anything to the contrary in the principal Act, or in any

coniract, or in any award made by any arbitrator or umpire in relation to any
dispute, or in any Judgement, decree or order passed by any court in relation to
any such dispute or award,(i) the amendmellt made by section 2 shall apply to and in rclalion to every

'

.dispute of the nature spcj0ed therein in respect of which award h a bccn

made by an arbitrator or umpire, wbethcr such award has been,
or is pending to be, made the rule of the Court under section 17 of the
principal Act;

ii) any reforonce made to an arbitrator or umpire in respect of a dispute

in relalion ro which a nao-speaking award has been passed inconsistently
with thc provision of sub-section ( 2 ) of section 13 of thc principal Act as
inserted by seclion 2 of this . k t , whether such.award has been, or is
pending to be, made the rule of the Court, shall be deemed to be
invalid; and

(iii) In the case'of every such dispute, the reference.in respect of which is 6 0
deemcd t o be invalid under clause (ii), a frcsh.rcicrencc to arbifratioq -shag
bt madc to the Arbitration Tribunal within ninety days fro^ the dgte. qf
publication of the Arbitration (Orissa Third Amendmcfit) Act,- 1991 ii,
the Official Gazette.
'For the Bill, seeprissa Gazette, E x r r a o r d i n ~ dated
,
the 17th December 1991 (No,1517)

,f

,940-

ORISSA A
m 8 O F 1984

'

*THE ARBITIMTION. (ORISSA AhITNDMENT) ACT, 1994

[Received thc assent of the Governor on the 28th April 1994, first published
. in,
aa ~ m o r d h r issue
y
of ~ h cOrissn Gorer re, dalcd the 291h April 1994. ]

AN

ACT

,
I

TO

AMEND

THE ARI1ITRhRDN ACT, 1940 IN ITS APPUCATIDX

THE STATE OF O m w .

To

B E it enacted b y t h o ~e~itilature'of-the
state of Orissa in the Forty-fifth
Year of the RepubIic of India a follows;-

1. This Act may be called the Arbitrarion (Oiissa ~mcndment)Act, 1994.

S ~ Q Rlitlt

2.XnEbc ArbitrationAct, 1940td1jub-~edion(I)afscclicn 41-A, t h e following

prdvi~oa d Explanation shdI bc added, nandy:.

Amadma

of
k-rioa

is satisfied that:-

(i) such party to the agreement has expressly agreed to adjudication of the .
dispute by arbitration conducted,in accordance with the arbitration rules of
the united Nation's commission an ln~ematianalTrade Law; and

(ii) any of the puthmitier qecificd in this sabsntion ,bein. a psrty te such
agreement has,in the public interest, ,agreed to such a conditiea mT
adjudication;

in every cast where such exemption i s made, thenotificatioa sb81! aseoon 88

Gazette, be laid before the Legislative ~ k e m b for
l ~ a total
period of fourteen days which may comprise in one cr more wssicns.'
&d,

ft
,-

i~ published_in the

fipianation-For

the purposes of this sub-section,-

@)d'Coapmy' .includes 'anybody corporate; and

.
0

(b) 'SubsidiaryP,lmeans 'a subsidiary company

9 d 0 i 4 01 the. Companies A C ~1956
,
,

within the miming ef

.'

For the BiII see O r i ~ s aGagile, ~xtiordinary,dGed lhe 29th April I994

.,

Provided that the ~ i a t ,Government

e
may, by notification, exempt from the
- s_mration of this sub-section any arbitration agrcement to which a CompanY
iscsrporatcd outside India or a subsidiary thereof which is incorporated in .ladia is a

pay, if l h c Government

,.

,,

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1 ef 195~.