MEGHALAYA ARBITRATION (EXTENSION AND AMENDMENT) ACT, 1990

Act No. 01 of 1990

26th April, 1990

An Act to extend the Arbitrary Act, 1940 (Central Act 10 of 1940) to the tribal areas of the State of Meghalaya and to amend certain provisions thereof in their application to the State. Be it enacted by the Legislature of the State of Meghalaya in the Forty-first Year of the Republic of India as follows:-

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S.1 Short title, extent and commencement

(1) This Act may be called the Meghalaya Arbitration (Extension and Amendment) Act, 1990
(2) It extends to the whole of the State of Meghalaya.
(3) It shall be deemed to have come into force with effect from the 14th day of March, 1990

S.2 Extension of Central Act 10 of 1940 to the tribal areas of Meghalaya

The Arbitration Act, 1940 thereinafter referred to as the principal Act) shall extend to and come into force in the tribal areas of Meghalaya with immediate effect.

Explanation-"tribal areas" are the areas specified in Part-II of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution.

S.3 Amendment of Section 14 of Central Act 10 of 1940

In the principal Act, in section 14, to sub-section (1), the following proviso shall be added, namely:-

"Provided that the arbitrator or the umpire shall give reasons for the award made under this section and no award shall be valid unless reasons therefore are so given".

S.4 Amendment of Section 17 of Central Act 10 of 1940

In the principal Act, to section 17, the following provisos shall be added, namely:-

"Provided that if any award which does not contain reasons as required under the proviso to sub-section (1) of section 14 is filed or, at the commencement of the Meghalaya Arbitration (Extension and Amendment) Act, 1990 is otherwise pending in the court, the court shall not proceed to pronounce Judgment according to the award but shall remit, the award to the arbitrator or the umpire, as the case may be, for giving reasons for the award and thereupon the arbitrator or the umpire shall, within a period of thirty days from the date of remittance of the award, which period may, for reasons to be recorded in writing, be extended by the court by any period not exceeding fifteen days, give reasons and file the same in the court.

"Provided, further, that where it is not possible for the court to remit the award to the arbitrator or to the umpire as provided for in the proceeding proviso due

S.5 Repeal and Savings

(1) The Meghalaya Arbitration (Extension and Amendment) Ordinance, 1990 is hereby repealed.
(2) Notwithstanding the repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.