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Arbitration (Protocol and Convention) Act, 1937 [Repealed] Repealing Act 1

Title: Arbitration and Conciliation Act, 1996

State: Central

Year: 1937

.....to determine thatissue. (7) An arbitral award made under this Part shall beconsidered domestic award. (8) Where this Part.- (a) refers to the fact that the parties have agreed orthat they may agree, or (b) in any other way refers to an agreement of theparties, that agreement shall include any arbitration rulesreferred to in that agreement. (9) Where this Part, other than clause (a) of section 25or clause (a) of sub-section (2) of section 32, refers to a claim, it shallalso apply to a counter-claim, and where it refers to a defence, it shall alsoapply to a defence to that counter-claim. 3. Receipt of written communications. (1) Unless otherwise agreed by the parties,- (a) any written communication is deemed to have beenreceived if it is delivered to the addressee personally or at his place ofbusiness, habitual residence or mailing address, and (b) if none of the places referred to in clause (a) can befound after making a reasonable inquiry, a written communication is deemed tohave been received if it is sent to the addressee's last known place ofbusiness, habitual residence or mailing address by registered letter or by anyother means which provides a record of.....

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Arbitration Act, 1940 [Repealed] Repealing Act 1

Title: Arbitration and Conciliation Act, 1996

State: Central

Year: 1940

.....to determine thatissue. (7) An arbitral award made under this Part shall beconsidered domestic award. (8) Where this Part.- (a) refers to the fact that the parties have agreed orthat they may agree, or (b) in any other way refers to an agreement of theparties, that agreement shall include any arbitration rulesreferred to in that agreement. (9) Where this Part, other than clause (a) of section 25or clause (a) of sub-section (2) of section 32, refers to a claim, it shallalso apply to a counter-claim, and where it refers to a defence, it shall alsoapply to a defence to that counter-claim. 3. Receipt of written communications. (1) Unless otherwise agreed by the parties,- (a) any written communication is deemed to have beenreceived if it is delivered to the addressee personally or at his place ofbusiness, habitual residence or mailing address, and (b) if none of the places referred to in clause (a) can befound after making a reasonable inquiry, a written communication is deemed tohave been received if it is sent to the addressee's last known place ofbusiness, habitual residence or mailing address by registered letter or by anyother means which provides a record of.....

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Industrial Disputes Act, 1947 Chapter III

Title: Reference of Disputes to Boards, Courts or Tribunals

State: Central

Year: 1947

.....is not the appropriate Government, is referred to a National Tribunal, then, notwithstanding anything contained in this Act, any reference in section 15, section 17, section 19, section 33A, section 33B and section 36A to the appropriate Government in relation to such dispute shall be construed as a reference to the Central Government but, save as aforesaid and as otherwise expressly provided in this Act, any reference in any other provision of this Act to the appropriate Government in relation to that dispute shall mean a reference to the State Government.] 7 [(8) No proceedings pending before a Labour Court, Tribunal or National Tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such Labour Court, Tribunal or National Tribunal shall complete such proceedings and submit its award to the appropriate Government.] STATE AMENDMENTS 13 Delhi In section 10, after sub-section (4), insert the following sub-section, namely:-- "(4A) Notwithstanding anything contained in section 9C and in this section, in the case of a dispute falling within the scope of section 2A, the.....

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Arbitration and Conciliation Act, 1996 Part 1

Title: Arbitration

State: Central

Year: 1996

.....determine that issue. (7) An arbitral award made under this Part shall be considered domestic award. (8) Where this Part. (a) refers to the fact that the parties have agreed or that they may agree, or (b) in any other way refers to an agreement of the parties, that agreement shall include any arbitration rules referred to in that agreement. (9) Where this Part, other than clause (a) of section 25 or clause (a) of sub-section (2) of section 32, refers to a claim, it shall also apply to a counter-claim, and where it refers to a defence, it shall also apply to a defence to that counter-claim. Section 3 - Receipt of written communications. (1) Unless otherwise agreed by the parties, (a) any written communication is deemed to have been received if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address, and (b) if none of the places referred to in clause (a) can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last known place of business, habitual residence or mailing address by registered letter or by any other means.....

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Industrial Disputes Act, 1947 Section 10

Title: Reference of Disputes to Boards, Courts or Tribunals

State: Central

Year: 1947

.....is not the appropriate Government, is referred to a National Tribunal, then, notwithstanding anything contained in this Act, any reference in section 15, section 17, section 19, section 33A, section 33B and section 36A to the appropriate Government in relation to such dispute shall be construed as a reference to the Central Government but, save as aforesaid and as otherwise expressly provided in this Act, any reference in any other provision of this Act to the appropriate Government in relation to that dispute shall mean a reference to the State Government.] 7 [(8) No proceedings pending before a Labour Court, Tribunal or National Tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such Labour Court, Tribunal or National Tribunal shall complete such proceedings and submit its award to the appropriate Government.] STATE AMENDMENTS 13 Delhi In section 10, after sub-section (4), insert the following sub-section, namely:-- "(4A) Notwithstanding anything contained in section 9C and in this section, in the case of a dispute falling within the scope of section 2A, the.....

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Industrial Disputes Act, 1947 Section 10A

Title: Voluntary Reference of Disputes to Arbitration

State: Central

Year: 1947

.....or water to the public; (iii) any industry which has been declared by the State Government to be a public utility service for the purpose of this Act. (2) An order made under sub-section (1) shall cease to operate on the expiry of a period of six months from the date of the order or on the date of the award of the Labour Court or the Tribunal, as the case may be, whichever is earlier. (3) Any money paid by an employer to any person in pursuance of an order under sub-section (1), may be deducted by that employer from out of any monetary benefit to which such person becomes entitled under the provisions of any award passed by the Labour Court or the Tribunal, as the case may be." 8 Kerala After section 10A, insert the following section, namely:-- "10B. Power to issue orders regarding terms and conditions of service pending settlement of disputes.--(1) Where an industrial dispute has been referred by the State Government to a Labour Court or Tribunal under sub-section (1) of section 10 and if, in the opinion of that Government, it is necessary or expedient so to do for securing the public safety or convenience or the maintenance of public order or supplies and services.....

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Arbitration Act, 1940 [Repealed] Chapter II

Title: Arbitration Without Intervention of a Court

State: Central

Year: 1940

.....cause being shown allow further time to the defaulting party to appoint an arbitrator or pass such other order as it thinks fit. Explanation.-The fact that an arbitrator or umpire, after a request by either party to enter on and proceed with the reference, does not within one month comply with the request may constitute a neglect or refusal to act within the meaning of Sec. 8 and this section. Section 10 - Provisions as to appointment of three of more arbitrators (1) Where an arbitration agreement provides that a reference shall be to three arbitrators, one to be appointed by each party and the third by the two appointed arbitrators, the agreement shall have effect as if it provided for the appointment of an umpire, and not for the appointment of a third arbitrator, by the two arbitrators appointed by the parties. (2) Where an arbitration agreement provides that a reference shall be to three arbitrators to be appointed otherwise than as mentioned in sub-section (1), the award of the majority shall, unless the arbitration agreement otherwise provides, prevail. (3) Where an arbitration agreement provides for the appointment of more arbitrators than three, the award of.....

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Arbitration and Conciliation Act, 1996 Chapter 2

Title: Arbitration Agreement

State: Central

Year: 1996

.....constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract. Section 8 - Power to refer parties to arbitration where there is an arbitration agreement (1) A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration. (2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof. (3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. Section 9 - Interim measures etc. by Court A party may, before, or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court- (i) for the appointment of a guardian for a minor or person of.....

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Industrial Disputes Act, 1947 Section 2A

Title: Dismissal, Etc., of an Individual Workman to Be Deemed to Be an Industrial Dispute

State: Central

Year: 1947

.....to adjudicate such dispute has been referred to it for adjudication and accordingly all the provisions of this Act relating to adjudicaction of industrial disputes by the Labour Court shall apply to such adjudication." 4 West Bengal In section 2A,-- (a) after the words "dismisses, retrenches", insert the words "refuses employment"; (b) after the words "dismissal, retrenchment", insert the words "refusal of employment". ______________________ 1. Inserted by Act 35 of 1965, section 3 (w.e.f. 1-12-1965). 2. Vide Andhra Pradesh Act 32 of 1987, section 2 (w.e.f. 27-7-1987). 3. Vide Tamil Nadu Act 5 of 1988, section 2 (w.e.f. 1-11-1988). 4. Vide West Bengal Act 53 of 1989, section 3 (w.e.f. 8-12-1989).

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Arbitration Act, 1940 [Repealed] Complete Act

Title: Arbitration Act, 1940 [Repealed]

State: Central

Year: 1940

.....Section37 - Limitations Section38 - Disputes as to arbitrators remuneration or costs Chapter VI Section39 - Appealable orders Chapter VII Section40 - Small cause Court not to have jurisdiction over arbitratons save arbitrations in suits before it Section41 - Procedure and powers of court Section42 - Service of notice by party or arbitrator Section43 - Power of court to issue processes for appearance before arbitrator Section44 - Power to high court to make rules Section45 - Government to be bound Section46 - Application of act to statutory arbitrations Section47 - Act to apply to all arbitrations Section48 - Saving for pending references Section49 - Repeals and amendments [Repealed] ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE ScheduleIII - THIRD SCHEDULE ScheduleIV - FOURTH SCHEDULE Repealing Act1 - ARBITRATION AND CONCILIATION ACT, 1996

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