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(1) No person shall bring into, or take out of India by sea, land or air any arms or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made there under:
Provided that –
(a) a person who is entitled by virtue of this Act or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having , in his possession any arms or ammunition, may without a licence in this behalf bring into, or take out of, India such arms or ammunition in reasonable quantities for his own private use;
(b) a person being a bona fide tourist belonging to any such country as the Central Government may, by notification in the Official Gazette, specify, who is not prohibited by the laws of that country from having in his possession any arms or ammunition, may, without a licence under this section but in accordance with such conditions as may be prescribed, bring with him into India arms and ammunition in reasonable quantities for use by him for purposes only of sport and for no other purpose.
Explanation-For purpose of clause (b) of this proviso, word "tourist" means a person who not being a citizen of India visits India for a period not exceeding six months with no other object than recreation, sight-seeing, or participation in a representative capacity in meetings convened by the Central Government or in international conferences, associations or other bodies.
(2) Notwithstanding anything contained in the proviso to subsection (1) where the collector of customs or any other officer empowered by the Central Government in this behalf has any doubt as to the applicability of clause (a) or clause (b) of that proviso to any person who claims that such clause is applicable to him or as to the reasonableness of the quantities of arms or ammunition in the possession of any person referred to in such clause, or as to the use to which such arms or ammunition in the possession of such person until he receives the orders of the Central Government in relation thereto.
(3) Arms and ammunition taken from one part of India to another by sea or air or across any intervening territory not forming a part of India, are taken out of, and brought into, India within the meaning of this section.
(1) Notwithstanding anything in the foregoing provisions of this Act -
(a) No person,-
(i) Who has not completed the age of [twenty-one years], or
(ii) Who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for [ [ Note: Subs. by Act 25 of 1983, s. 5 (w.e.f. 22-6-1983) ] any terms] at any time during a period of five years after the expiration of the sentence, or
(iii) Who has been ordered to execute under Chapter VIII of the [ [ Note: Subs. by Act 25 of 1983, s. 5 (w.e.f. 22-6-1983) ] Code of Criminal Procedure, 1973 (2of 1974)] a bond for keeping the peace or for good behavior, at any time during the term of the bond.
Shall acquire, have in his possession or carry any firearm or ammunition;
(b) No person shall sell or transfer any firearm or ammunition to , or convert, repair, test or prove any firearm or ammunition for, any other person whom he knows, or has reason to believe—
(i) To be prohibited under clause (a) from acquiring, having in his possession or carrying any firearm or ammunition, or
(ii) To be of unsound mind at the time of such sale or transfer, or such conversion, repair, test of proof.
(2) Notwithstanding anything in sub-clause (I) of clause (a) of sub-section (1), a person who has attained the prescribed age – limit may use under prescribed condition such firearms as may be prescribed in the course of his training in the use of such firearms:
Provided that different age –limits may be prescribed in relation to different types of firearms.
(1) No person, shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a firearm.
(2) No person shall sell or transfer any firearm which does not bear the name of the maker, manufacturer’s number or other identification mark stamped or otherwise shown thereon in a manner approved by the Central Government.
(3) Whenever any person has in his possession any firearms without such name, number or other identification mark on which such name, number or other identification mark has been obliterated, removed, altered or forged, it shall be presumed unless the contrary is proved, that he has obliterated, removed, altered or forged that name, number or other identification mark ;
Provided that in relation to a person who has in his possession at the commencement of this Act any firearms without such name, number or other identification mark stamped or otherwise shown thereon, the provisions of this sub-section shall not take effect until after the expiration of one year from such commencement.
No person shall –
(a) acquire, have in his possession or carry; or
(b) [ [ Note: Subs. by Act 42 of 1988, s. 4 (w.e.f. 27-5-1988) ] use, manufacture,] sell, transfer, convert, repair, test or prove ; or
(c) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair test for proof,
any prohibited arms or prohibited ammunition unless he has been specially authorised by the Central Government in this behalf.
(1) [ Note: Section 5 renumbered as sub-section (1) thereof and in sub-section (1) as so renumbered the proviso omitted by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983) ] No person shall -
(a) [ [ Note : Subs by Act 42 of 1988, s. 3 (w.e.f. 27-5-1988) ] use, manufacture,] sell, transfer, convert, repair, test or prove, or
(b) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion repair, test or proof,
any firearms or any other arms of such class or description as may be prescribed or any ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made there under.
[ Note: Section 5 renumbered as sub-section (1) thereof and in sub-section (1) as so renumbered the proviso omitted by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983) ]
(2) [ Note: Subs by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983) ] Notwithstanding anything contained in sub-section (1), a person may, without holding a licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own private use to another person who is entitled by virtue of this Act, or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having in his possession such arms or ammunition :
Provided that no firearm or ammunition in respect of which a licence is required under section 3 and no arms in respect of which a licence is required under section 4 shall be sold or transferred by any person unless –
(a) he has informed in writing the district magistrate having jurisdiction or the officer in charge of the nearest police station of his intention to sell or transfer such firearms, ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms, ammunition or the other arms, and
(b) a period of not less than forty-five days has expired after the giving of such information.]
Comments
Article 21 of the Indian Constitution does not cover the right of an individual to acquire and possess fire-arms, though the fundamental right of protection of life and personal liberty comes well within its ambit. On the contrary, unlike in U.S.A. [S.C. of U.S.A. in Presser v. Illinois (1884-85), it is not a matter of right here but rather a privilege, subject to the provisions of this Act. However, due to ever-growing mafia-clout and gangsters resulting in an open and insane use of deadly weapons, the fundamental right to possess / bear arms provided by the ‘Second Amendment to the American Constitution’ has come under sharp and bitter-criticism. The bite of the mafia has proved to be worse than the ‘bark’ of the law-makers espousing such provisions for dealing with the security and law and order of the State.
[ Note: S. 3 renumbered as sub section (1) thereof by Act 25 of 1983, s. 3 (w.e.f. 22-6-1983) ] (1) No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made there under :
Provided that a person may, without himself holding a licence carry any firearms or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder.
(2) [ Note: Ins. by s. 3., ibid., (w.e.f. 22-6-1983) ] Notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession to carry, at any time, more than three firearms:
Provided that a person who has in his possession more firearms than three at the commencement of the Arms (Amendment) Act, 1983, may retain with him any three of such firearms and shall deposit, within ninety days from such, commencement the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section(1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section.
(3) Nothing contained in sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice.
(4) The provisions of sub-section (2) to (6) (both inclusive) of section 21 shall apply in relation to any deposit of firearms under the proviso to sub-section(2) as they apply in relation to the deposit of any arms or ammunition under sub-section (1) of that section.]
Comments
The power & jurisdiction of the licensing authority to initiate ‘cancellation of licence’ proceedings, has been vested with the A.D.M. (Lakhan Singh v. Commissioner, Jhansi Div., Jhansi & Ors.; AIR 1984 All. 122 (123)]
(I) in this Act, unless the context otherwise requires -
(a) "acquisition " with its grammatical variations and cognate expressions, includes hiring, borrowing, or accepting as a gift;
(b) "ammunition" means ammunition for any firearms, and includes-
(i) rockets, bombs, grenades, shells [ (Note: Subs. by Act 42 of 1988, s. 2 (w.e.f. 27-5-1988) ) and other missiles,]
(ii) articles designed for torpedo service and submarine mining,
(iii) other articles containing, or designed or adapted to contain, explosive, fulminating or fissionable material or noxious liquid, gas or other such thing, whether capable of use with firearms or not,
(iv) charges for firearms and accessories for such charges
(v) fuses and friction tubes,
(vi) parts of, and machinery for manufacturing, ammunition,
(vii) such ingredients of ammunition as the Central Government may, by notification if the Official Gazette, specify in this behalf;
( c) "arms" means articles of any description designed or adapted as weapons for offences, or defence, and includes firearms, sharp-edged and other deadly weapons, and parts of, and machinery for manufacturing arms, but does not include articles designated solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or being converted into serviceable weapons;
Comments
Articles used mainly for agricultural or domestic purpose e.g. lathi, walking stick or scissors (for tailoring) or kept for religious nuisance, are not covered under this provision. However, articles particularly ‘designed and adapted’ for use as weapons for offensive and/or defensive purposes e.g. Ganasa, are well within the ambit of this provision [Ram Rattan Puran Singh, Appellant v. The State, Respondent; AIR 1968 Punj. & Har. 520 (521) V 55 C118]. In this case, the appellant, with whom Bhanjo, daughter-in-law of Sawan Singh, had developed illicit relationship, was heading towards Bhajno’s husband’s house, armed with a Gandasa, for obvious reasons and motives. But on the way, Sawan Singh intercepted and tried to reason with him whereupon the appellant warned him to keep aloof or face his wrath. Then the appellant inflicted grave injuries on the unarmed old man. However, Bhajno’s husband came running on the spot, hearing Sawan Singh’s cries and shouting for help,l and in exercise of the right of self defence, he injured the appellant with another Gandasa. So, Gandasa was used for both offensive and defensive purposes, bringing it well within the ambit of the definition of ‘arms’.
(d) [ Note: Subs. by Act 55 of 1971, s. 2, for the former clause.] "district magistrate" in relation to any area for which a Commissioner of Police has been appointed, means the Commissioner of Police thereof and includes any such Deputy Commissioner of Police, exercising jurisdiction over the whole or any part of such area, as may be specified by the State Government in this behalf in relation to such area or parts;)
(e) "firearms" means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy, and includes, --
(i) Artillery, hand-grendades, riot-pistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas or other such things,
(ii) accessories for any such firearms designed or adapted to diminish the noise or flash caused by the firing thereof,
(iii) parts of, and machinery for manufacturing, firearms, and
(vi) carriages, platforms and appliances for mounting, transporting and serving artillery;
(f) "licensing authority" means an officer of authority empowered to grant or renew licences under rules made under the Act, and includes, the Government ;
(ff) [ Note : Ins. by Act 25 of 1983, s. 2 (w.e.f. 22-6-1983) ] "magistrate" means an Executive Magistrate under the Code of Criminal Procedure 1973 (2 of 1974) ; )
(g) "prescribed" means prescribed by rules made under this Act;
(h) "prohibited ammunition" means any ammunition, containing, or designed or adapted to contain, any noxious liquid, gas or other such thing, and includes rockets, bombs, grenades, shells, ( [Note : Ins. by Act 42 of 1988, s. 2 (w.e.f. 27-5-1988) ] missiles) articles designed for torpedo service and submarine mining and such other articles as the Central Government may, by notification in the Official Gazette, specify to be prohibited ammunition ;
(i) "prohibited arms" means –
(i) firearms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missile is empty, or
(ii) weapons of any description designed or adapted for the discharge of any noxious liquid, gas or other such thing, and includes artillery, anti-aircraft and anti-tank firearms and such other arms as the Central Government may, by notification in the Official Gazette, specify to be prohibited arms ;
(j) "public servant" has the same meaning as in Section 21 of the Indian Penal Code (45 of 1860) ;
(k) "transfer" with its grammatical variations and cognate expressions, includes letting on hire, lending, giving and parting with possession.
(2) For the purposes of this Act, the length of the barrel of a firearm shall be measured from the muzzle to the point at which the charge is exploded on firing.
(3) Any reference in the Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.
(4) Any reference in this Act to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Central Government by notification in the Official Gazette.
Armed Forces (Special Powers) Act, 1958
[Act No. 28 of 1958]
[11th September, 1958]
STATEMENT Of OBJECTS AND REASONS
An Ordinance entitled the Armed Forces ( Assam and Manipur) Special Powers Ordinance, 1958, was promulgated by the President on the 22nd May, 1958. Section 3 of the Ordinance empowers the Governor of Assam and the Chief Commissioner of Manipur to declare the whole or any part of Assam or the Union Territory of Manipur, as the case may be, to be a disturbed area. On such a declaration being made in the Official Gazette, any Commissioned Officer, Warrant Officer, non-commissioned officer or any other person of equivalent rank in the armed forces may exercise, in the disturbed area, the powers conferred by Sections 4 and 5 of the Ordinance. The Bill seeks to replace the Ordinance.- See Gaz. of India, 11-8-1958, Pt. II-S. 2, Ext. p. 714 (No. 26).
An Act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the State of 1[ Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura].
BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:-
1. Subs. for the words “Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union territory of Arunachal Pradesh” by the State of Arunachal Pradesh Act (69 of 1986), S. 43 (20-2-1987).
2. Definitions
In this Act, unless the context otherwise requires,-
(a) "armed forces" means the military forces and the air forces operating as land forces, and includes any other armed forces of the Union so operating.
(b) "disturbed area" means an area which is for the time being declared-by notification under 3. to be a disturbed area;
(c) all other words and expressions used herein but not defined, and defined in the Air Force Act, 1950-, or the Army Act, 1950-, shall have the meanings respectively assigned to them in those Acts.
3. Power to declare areas to be disturbed areas.
1[3. Power to declare areas to be disturbed areas.
If, in relation to any State or Union Territory lo which this Act extends, the Governor of that State or the Administrator of that Union Territory or the Central Government, in either case, is of the opinion that the whole or any part of such State or Union Territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the Governor of that State or the Administrator of that Union Territory or the Central Government, as the case may be, may, by notification in the Official Gazette, declare the whole or such part of such State or Union Territory to be a disturbed area].
1. Subs. by Act 7 of 1972 sec. 4 (w.e.f. 5-4-1972)
4. Special powers of the armed forces.
Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area,-
(a) if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances;
(b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as training camp for armed volunteers or utilised as a hide-out by armed gangs or absconders wanted for any offence;
(c) arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest;
(d) enter and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to, be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.
5. Arrested persons to be made over to the police.
Any person arrested and taken into custody under this Act shall be made over to the, officer in charge of the nearest police station with the least possible delay, together with a report. of the circumstances occasioning the arrest.
6. Protection to persons acting under Act.
No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act
7. Repeal and Saving
[Repealed by Amending and Repealing Act 1960 (58 of 1960) First Schedule Sec. 2 ( 26-12-1960)]
a
Admiralty Offences (Colonial) Act, 1849
12 of 1849
1st August, 1849
An Act to provide for the Prosecution and Trial in Her Majesty's Colonies of Offences committed within the Jurisdiction of the Admiralty. [Preamble.- Repealed by 54 and 55 Vict, C. 67.]
2. Repealed.
[Repealed by 54 and 55, Vict., c. 67.]
3. Provision, etc., where death in the colony, or at sea, etc., follows from injuries inflicted on the sea, etc.
1[* * *] Where any person shall die in any colony of any stroke, poisoning, or hurt, such person having been feloniously stricken, poisoned, or hurt upon the sea or in any haven, creek, or place where the admiral or admirals have power, authority, or jurisdiction, or at any place out of such colony, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of man slaughter, or of being accessory before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in such colony, in the same manner and in all respects as if such offence had been wholly committed in that colony: and if any person in any colony shall be charged with any such offence as afore said in respect of the death of any person who, having been feloniously stricken, poisoned or otherwise hurt, shall have died of such stroke, poisoning, or hurt, up on the sea, or in any haven, river, creek or place where the admiral or admirals have power, authority or jurisdiction, such offence shall be held for the purpose of this Act to have been wholly committed upon the sea.
1. Introductory words were repealed by 54 and 55 Vict., c. 67.
4. Omitted.
[Omitted as being inapplicable to India.]
5. Interpretation of "colony".
1[* * *] For the purposes of this Act the word "colony" shall mean any island, plantation, colony, dominion, fort or factory of Her Majesty, except any island within the United Kingdom and the Islands of Man, Guernsey, Jersey, Alderney and Sark, and the lands adjacent thereto respectively 2[* * *].
1. Introductory words were repealed by 54 and 55 Vict., c. 67.
2. And includes British India; see 23 and 24 Vict., c. 88, S. I, page 22a, supra.
6. Repealed.
[Repealed by 41 and 42 Vict., c. 79.]
The Agriculturists Loans Act, 1884
[Act No. 12 of 1884] 1
[24th July, 1884.]
1. It has been amended in -- C.P.and Berar by C.P.& Berar Acts 34 of 1947 and 54 of 1949; Coorg by Coorg Act 3 of 1936; Madras by Madras Act 16 of 1935; Orissa by Orissa Act 6 of 1937; and U.P by U.P.Acts 12 of 1922, 12 of 1934 and 12 of 1948.
An Act to amend and provide for the extension of the Northern India Takkavi Act, 1879.
WHEREAS it is expedient to amend the Northern India Takkavi Act, 1879, and provide for its extension to [other [Part A States or Part C States] ]; It is hereby enacted as follows.-- (Preamble.)
1. Subs. by the A.O.1948, for "any part of British India ".
2. Subs. by the A.O.1950, for provinces of India ".
2. Local extent .
(1) This section and section 3 extend to the whole of India except Part B States.
(2) The rest of this Act extends in the first instance only to 1[ Bombay, Uttar Pradesh , Punjab, the Central , Provinces , Assam , Delhi and Ajmer-Merwara.]
(3) But any State Government may, from time to time, by notification in the Official Gazette, extend the rest of this Act to the whole or any part of the territories under its administration.
1. Subs. by the A.O.1948, for original words.
3. Repeal of Act X of 1879, and sections 4 and 5 of Act XV of 1880.
Rep. by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.
4. Power for State Government to make rules.
(1) State Government 1[or, in a State for which there is a Board of Revenue or Financial Commissioner, such Board or Financial Commissioner, Subject to the control of the State Government] may, from time to time, 2make rules as to loans to be made to owners and occupiers of arable land, for the relief of distress, the purchase of seed or cattle, or any other purpose not specified in the Land Improvement Loans Act, 1883, but connected with agricultural objects.
(2) All such rules shall be published in the Official Gazette.
1. Ins. by the Act 4 of 1914, s.2 and Sch.Pt.I.
2. The words "subject to the control of the G.G.in C." rep.ibid.
5. Recovery of loans.
Every loan made in accordance with such rules, all interest (If any) chargeable thereon, and costs (if any) incurred in making or recovering the same, shall, when they become due, be recoverable from the person to whom the loan and made, or from any person who has become surety for the repayment thereof, as if they were arrears of land-revenue or costs incurred in recovering the same due by the person to whom the loan was made or by his surety.
6. Liability of joint-borrowers as among themselves.
When a loan is made under this Act, to the members of a village community or to any other persons such terms that all of them are jointly and severally bound to the Government for the payment of the whole amount payable in respect thereof, and a statement showing the portion of that amount which as among themselves each is bound to contribute is entered upon the order granting the loan and is signed , marked, or sealed by each of them or his agent duly authorized in this behalf and by the officer making the order, that statement shall be conclusive evidence of the portion of that amount which as among themselves each of those persons is bound to contribute.
The Agriculturists Loans Act, 1884
[Act No. 12 of 1884] 1
[24th July, 1884.]
1. It has been amended in -- C.P.and Berar by C.P.& Berar Acts 34 of 1947 and 54 of 1949; Coorg by Coorg Act 3 of 1936; Madras by Madras Act 16 of 1935; Orissa by Orissa Act 6 of 1937; and U.P by U.P.Acts 12 of 1922, 12 of 1934 and 12 of 1948.
An Act to amend and provide for the extension of the Northern India Takkavi Act, 1879.
WHEREAS it is expedient to amend the Northern India Takkavi Act, 1879, and provide for its extension to [other [Part A States or Part C States] ]; It is hereby enacted as follows.-- (Preamble.)
1. Subs. by the A.O.1948, for "any part of British India ".
2. Subs. by the A.O.1950, for provinces of India ".
2. Local extent .
(1) This section and section 3 extend to the whole of India except Part B States.
(2) The rest of this Act extends in the first instance only to 1[ Bombay, Uttar Pradesh , Punjab, the Central , Provinces , Assam , Delhi and Ajmer-Merwara.]
(3) But any State Government may, from time to time, by notification in the Official Gazette, extend the rest of this Act to the whole or any part of the territories under its administration.
1. Subs. by the A.O.1948, for original words.
3. Repeal of Act X of 1879, and sections 4 and 5 of Act XV of 1880.
Rep. by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.
4. Power for State Government to make rules.
(1) State Government 1[or, in a State for which there is a Board of Revenue or Financial Commissioner, such Board or Financial Commissioner, Subject to the control of the State Government] may, from time to time, 2make rules as to loans to be made to owners and occupiers of arable land, for the relief of distress, the purchase of seed or cattle, or any other purpose not specified in the Land Improvement Loans Act, 1883, but connected with agricultural objects.
(2) All such rules shall be published in the Official Gazette.
1. Ins. by the Act 4 of 1914, s.2 and Sch.Pt.I.
2. The words "subject to the control of the G.G.in C." rep.ibid.
5. Recovery of loans.
Every loan made in accordance with such rules, all interest (If any) chargeable thereon, and costs (if any) incurred in making or recovering the same, shall, when they become due, be recoverable from the person to whom the loan and made, or from any person who has become surety for the repayment thereof, as if they were arrears of land-revenue or costs incurred in recovering the same due by the person to whom the loan was made or by his surety.
6. Liability of joint-borrowers as among themselves.
When a loan is made under this Act, to the members of a village community or to any other persons such terms that all of them are jointly and severally bound to the Government for the payment of the whole amount payable in respect thereof, and a statement showing the portion of that amount which as among themselves each is bound to contribute is entered upon the order granting the loan and is signed , marked, or sealed by each of them or his agent duly authorized in this behalf and by the officer making the order, that statement shall be conclusive evidence of the portion of that amount which as among themselves each of those persons is bound to contribute.
An Act to authorize the making of acting appointments to certain Judicial Offices 1
WHEREAS the Governor General of India in Council or the Local Government, as the case may be, is empowered by divers enactments to appoint the Judges of certain Courts 2And whereas it has been doubted whether he or it is empowered to appoint persons to act temporarily as such Judges, and it is expedient to remove such doubts; It is hereby enacted as follows:—
1. This Act has been declared, by notification under s.3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:
The Districts of Hazáribágh, Lohárdaga (now the Ranchi Districts, see Calcutta Gazette, 1899, Pt.I, p.44), and Mánbhum, and Pargana Dhálbhum and the Kolhán in the District of Singbhum—see Gazette of India, 1881, Pt.I, p.504.
This Act has been extended to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (59 of 1949) and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C States (Laws) Act, 1950 (30 of 1950), s.2.}
2.The words "in the Provinces" were omitted by the A.O.1950.
2. Certain enactments to be construed as if they contained a clause like section 1 of this act.
Every such Act and Regulation shall be construed as if it contained a special clause to the purport or effect of the first section of this Act.
The Absorbed Areas (Laws) Act, 1954
NO.20 OF 1954
[ 30th April, 1954]
An Act to extend certain laws to the areas which, prior to the commencement of the Constitution, were administered as excluded or partially excluded areas and which, on such commencement ,were absorbed in certain States.
BE it enacted by Parliament as follows:-
2. Definitions.
In this Act, unless the context otherwise requires,-
(a) " Absorbing State" in relation to an absorbed area means a State specified in the heading of the Schedule in which that absorbed area is specified;
(b) "Absorbed area" means an area specified in column 2 of the Schedule.
3. Extension of Laws.
The Acts specified in column I of each of the Schedules and all rules, notifications, orders, schemes, forms and byelaw made thereunder, as in force in the absorbing State specified in the heading of that Schedule, are hereby extended to, and shall be in force in the absorbed areas specified in column 2 of that Schedule.
SCHEDULE I. BIHAR
THE SCHEDULES
(See sections 2 and 3)
SCHEDULE I
BIHAR
Name of the Act
The absorbed areas
1
2
The Requisitioned Land (Apportionment of Compensation) Act, 1949 (L1of 1949).
1. Hazaribagh and Manbhum Districts.
2. Sadar Sub-Division of the Palamau District.
3. Dhalbhum Sub-Division of the Singhbhum District
4. Godda and Deoghar Sub-Divisions of the Santal Parganas District.
SCHEDULE II. BOMBAY
SCHEDULE II
BOMBAY
Name of the Act
The absorbed areas
1
2
1. The Indian Extradition Act, 1903 (XV of 1903).
1. Shahda, Nandurbar and Taloda Taluka of the West Khandesh District.
2. The Whipping Act, 1909 (IV of 1909).
2. The Dohad Taluka and the Jhalod Mahal of the Panch Mahal District.
3. The Police (Incitement of Disaffection) Act, 1922 (XXII of 1922).
4. The Cotton Transport Act, 1923 (III of 1923).
5. The Port Haj Committees Act, 1932 (XX of 1932).
6. The Seaward Artillery Practice Act, 1949 (VIII of 1949).
SCHEDULE III. ORISSA
SCHEDULE III
ORISSA
Name of the Act
The absorbed areas
1
2
1. The Metal Tokens Act, 1889 (I of 1889).
Angul.
2. The white Phosphorus Matches Prohibition Act, 1913 (V of 1913).
3. The Indian Emigration Act, 1922 (VII of 1922).
4. The Coal Grading Board Act, 1925 (XXXI of 1925).
5. The Coal mines Provident Fund and Bonus Schemes Act, 1948 (XLVI of 1948).
SCHEDULE IV. UTTAR PRADESH
SCHEDULE IV
UTTAR PRADESH
Name of the Act
The absorbed areas
1
2
1.The Indian Power Alcohol Act, 1948 (XXII of 1948).
Jaunsar Bawar Parganas in Dehra Dun District and the areas of south of Kaimpur range in the Mirzapur District.
2.The Employees' State Insurance Act, 1948 (XXXIV of 1948).
SCHEDULE V. WEST BENGAL
SCHEDULE V
WEST BENGAL
Name of the Act
The absorbed areas
1
2
1.The Requisitioned Land (Apportionment of Compensation) Act, 1949 (LI of 1949).
Darjeeling District
2.The West Bengal Raw Jute Futures Act, 1948 (West Bengal Act No.XXV of 1948).
Authoritative Texts (Central Laws) Act, 1973
[Act No. 50 of 1973]
STATEMENT OF OBJECTS AND REASONS
Authorized translations of the various Central laws in State official languages would be extremely useful to the general public and also for official purpose; of the States, which have adopted languages other than Hindi and English as official languages of their States. Therefore when the Official Language (Legislative) Commission was first constituted w 1961, it was also entrusted with the function of arranging for translation of Central Acts, Ordinances and Regular Ions into various official languages of the States. According to the existing arrangements, the translations in a State official language is prepared by or under the auspices of the Government of the State concerned and finalised by the official Language (Legislative) Commission in consultation with the translating authority. In the absence of any legal provision for their authentication and publication, such translations can have no legal status and their utility would be limited. It is, therefore, necessary to make provision for the publication of authorized translations of Central Acts, Ordinances as also of orders, rules, regulations and bye-laws issued under the Constitution or under any Central Act, in State official languages. Hence this Bill.-S.O.R.-Gaz. of Ind., 22-11-1972, Pt. II, S. 2, Ext., P. 1153.
Act 18 of 1988. - Under Section 2 of the Authorized Translations (Central Laws) Act 1973, a translation in any language, other than Hindi, specified in the Eighth Schedule to the Constitution and published under the authority of the President of any Central Act or of any Ordinance promulgated by the President or of any order, rule. Regulation or bye-law issued under the Constitution or under any Central Act shall be deemed to be the authorized translation thereof in such language.
2. Section 5(1) of the Official Languages Act. 1963 provides for authoritative texts in Hindi of Central Act, etc. At present, there is no provision in the Authorized Translations (Central Laws) Act, 1973 for providing authoritative texts of Central Act, etc., in the languages, other than Hindi, specified in the Eighth Schedule to the Constitution. As. 'much, these cannot be quoted in Courts of law. There has also been a general demand for authoritative texts of Central Acts, etc., in the languages, other than Hindi, specified in the Eighth Schedule to the Constitution. The proposed amendment is being brought forward lo fulfill this demand. This will enable the authoritative texts of Central Acts, etc., in the languages, other than Hindi, specified in the Eighth Schedule to the Constitution to be quoted in the Courts of law and facilitate the use of these languages in Courts of law iodated in Stales where such languages are the official languages.-S.O.R.-Gaz. of Ind., 31-8-1987, Pt. II. S. 2, Ext. P. 58 (No. 45).
An Act to provide for [authoritative texts] of Central laws in certain languages.
Be it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-
2. Authoritative texts of Central laws in certain languages.
A translation in any language(other than Hindi) specified in the Eighth Schedule to the Constitution, published under the authority of the President in the Official Gazette,-
(a) of any Central Act or of any Ordinance promulgated by the President, or
(b) of any order, rule, regulation or bye-law issued under the Constitution or under any Central Act, shall be deemed lo be the 1[authoritative texts] thereof in such language
1. Substituted for the words "authorized translations" by the Authorized Translations (central Laws) Amendment Act (18 of 1988), S. 4 ( 31-3-1988 ).
3. Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes this Act.
(2) Every rule made under this section shall be lad, as soon as may be after it is made. before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the-session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made. the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the algidity of anything previously under that rule.
Assam State Legislature (Delegation Of Powers) Act, 1981
38 of 1980
11th July, 1980
An Act to confer on the President the power of the Legislature of the State of Assam to make laws Be it enacted by Parliament in the Thirty-first Year of the Republic of India as follows :-
2. Definition
In this Act, "Proclamation" means the Proclamation issued on the 12th day of December, 1979, under Article 356 of the Constitution-, by the President, and published with the notification of the Government of India in the Ministry of Home Affairs, No. G.S.R. 688 (E) of the said date.
3. Conferment on the President of the power of the State Legislature to make laws
(1) The power of the Legislature of the State of Assam to make laws, which has been declared by the Proclamation to be exercisable by or under the authority of Parliament, is hereby conferred on the President.
(2) In the exercise of the said power, the President may, from time to time, whether Parliament is or is not in session, enact, as a President's Act, a Bill containing such provisions as he considers necessary :
Provided that before, enacting any such Act, the President shall, whenever he considers it, practicable to do so, consult a Committee constituted for the purpose, consisting of thirty members of the House of the People nominated by the Speaker and fifteen members of the Council of States nominated by the Chairman.
(3) Every Act enacted by the President under sub-section (2) shall, as soon as may be after enactment, be laid before each House of Parliament.
(4) Either House of Parliament may, by resolution passed within thirty days from the date on which the Act has been laid before it under sub-section (3), which period may be comprised in one session or in two successive sessions, directs any modifications to be made in the Act and if the modifications are agreed to by the other House of Parliament during the session in which the Act has been so laid before it or the session succeeding, such modifications shall be given effect to by the President by enacting an amending Act under sub-section (2):
Provided that nothing in this sub-section shall affect the validity of the Act or of any action taken there under before it is so amended.
Assam State Legislature (Delegation Of Powers) Act, 1980
38 of 1980
11th July, 1980
An Act to confer on the President the power of the Legislature of the State of Assam to make laws Be it enacted by Parliament in the Thirty-first Year of the Republic of India as follows :-
2. Definition
In this Act, "Proclamation" means the Proclamation issued on the 12th day of December, 1979, under Article 356 of the Constitution-, by the President, and published with the notification of the Government of India in the Ministry of Home Affairs, No. G.S.R. 688 (E) of the said date.
3. Conferment on the President of the power of the State Legislature to make laws
(1) The power of the Legislature of the State of Assam to make laws, which has been declared by the Proclamation to be exercisable by or under the authority of Parliament, is hereby conferred on the President.
(2) In the exercise of the said power, the President may, from time to time, whether Parliament is or is not in session, enact, as a President's Act, a Bill containing such provisions as he considers necessary :
Provided that before, enacting any such Act, the President shall, whenever he considers it, practicable to do so, consult a Committee constituted for the purpose, consisting of thirty members of the House of the People nominated by the Speaker and fifteen members of the Council of States nominated by the Chairman.
(3) Every Act enacted by the President under sub-section (2) shall, as soon as may be after enactment, be laid before each House of Parliament.
(4) Either House of Parliament may, by resolution passed within thirty days from the date on which the Act has been laid before it under sub-section (3), which period may be comprised in one session or in two successive sessions, directs any modifications to be made in the Act and if the modifications are agreed to by the other House of Parliament during the session in which the Act has been so laid before it or the session succeeding, such modifications shall be given effect to by the President by enacting an amending Act under sub-section (2):
Provided that nothing in this sub-section shall affect the validity of the Act or of any action taken there under before it is so amended.
Assam (Alteration Of Boundaries) Act, 1951
47 of 1951
1st September,1951
STATEMENT OF OBJECTS AND REASONS "By Article 4 of the Indo-Bhutan Treaty of Friendship concluded on the 8th August, 1949, and subsequently ratified, the Government of India undertook to cede to the Government of Bhutan a strip of territory measuring 32.81 square mites known as Dowager on the border of Kamrup district in the State of Assam. The territory had not been surveyed or demarcated and it could not, therefore, be handed over to Bhutan immediately. Under the provisions of Article 3 of the Constitution which came into force subsequently, the implementation of this undertaking requires an Act of Parliament. Since it involves diminishing the area and altering the boundaries of Assam, the view. of the Legislature of that State with respect to the proposal to introduce a Bill for this purpose and the provisions thereof have been ascertained in accordance with the Proviso to Article 3 of the Constitution. At its meeting held on the 27th March, 1951 the Legislative Assembly of Assam adopted the following resolution-
"The House recommends to the President of the Indian Union the transfer of about 32 square miles of territory in the Dowager hill block to the Bhutan Government as in Schedule below in pursuance of the Treaty of Darjeeling of 8th August, 1949". This Bill is designed to effect the transfer in accordance with the Constitution"-Gaz. Ind. 1951,Pt.ll-Sec.2,Page 35S.An Act to alter the boundaries of the State of Assam consequent on the cession of a strip of territory comprised in that State to the Government of Bhutan. Be it enacted by Parliament as follows:-
2. Alteration of the Boundaries of Assam .
On and from the commencement of this Act, the territory of the State of Assam shall cease to comprise the strip of territory specified in the Schedule, which shall be ceded to the Government of Bhutan, and the boundaries of the State of Assam shall be deemed to have been altered accordingly.
3. Amendment of the First Schedule to the Constitution.
In the first paragraph of Part A of the First Schedule to the Constitution, under the heading "TERRITORIES OF STATES", after the words "Assam Tribal Areas," the following words shall be inserted, namely:-"but shall not include the territories specified in the Schedule tithe Assam (Alteration of Boundaries) Act, 1951-"
SCHEDULE. See section 2
SCHEDULE 1
THE SCHEDULE
(See section 2)
The strip of territory measuring 32.81 square miles lying to the south of Bhutan within26° 45° and 27° North Latitude and 91° 15° and 91° 45° East Longitude, demarcated on the west, north and east by boundary pillars Nos. 90° 91, ° 92°, 93° and 94° erected in 1930-31, and on the south by boundary pillars Nos. 90, 91, 92, 93 and 94 erected in 1950.
Assam (Alteration Of Boundaries) Act, 1951
47 of 1951
1st September,1951
STATEMENT OF OBJECTS AND REASONS "By Article 4 of the Indo-Bhutan Treaty of Friendship concluded on the 8th August, 1949, and subsequently ratified, the Government of India undertook to cede to the Government of Bhutan a strip of territory measuring 32.81 square mites known as Dowager on the border of Kamrup district in the State of Assam. The territory had not been surveyed or demarcated and it could not, therefore, be handed over to Bhutan immediately. Under the provisions of Article 3 of the Constitution which came into force subsequently, the implementation of this undertaking requires an Act of Parliament. Since it involves diminishing the area and altering the boundaries of Assam, the view. of the Legislature of that State with respect to the proposal to introduce a Bill for this purpose and the provisions thereof have been ascertained in accordance with the Proviso to Article 3 of the Constitution. At its meeting held on the 27th March, 1951 the Legislative Assembly of Assam adopted the following resolution-
"The House recommends to the President of the Indian Union the transfer of about 32 square miles of territory in the Dowager hill block to the Bhutan Government as in Schedule below in pursuance of the Treaty of Darjeeling of 8th August, 1949". This Bill is designed to effect the transfer in accordance with the Constitution"-Gaz. Ind. 1951,Pt.ll-Sec.2,Page 35S.An Act to alter the boundaries of the State of Assam consequent on the cession of a strip of territory comprised in that State to the Government of Bhutan. Be it enacted by Parliament as follows:-
2. Alteration of the Boundaries of Assam .
On and from the commencement of this Act, the territory of the State of Assam shall cease to comprise the strip of territory specified in the Schedule, which shall be ceded to the Government of Bhutan, and the boundaries of the State of Assam shall be deemed to have been altered accordingly.
3. Amendment of the First Schedule to the Constitution.
In the first paragraph of Part A of the First Schedule to the Constitution, under the heading "TERRITORIES OF STATES", after the words "Assam Tribal Areas," the following words shall be inserted, namely:-"but shall not include the territories specified in the Schedule tithe Assam (Alteration of Boundaries) Act, 1951-"
SCHEDULE. See section 2
SCHEDULE 1
THE SCHEDULE
(See section 2)
The strip of territory measuring 32.81 square miles lying to the south of Bhutan within26° 45° and 27° North Latitude and 91° 15° and 91° 45° East Longitude, demarcated on the west, north and east by boundary pillars Nos. 90° 91, ° 92°, 93° and 94° erected in 1930-31, and on the south by boundary pillars Nos. 90, 91, 92, 93 and 94 erected in 1950.
Assam (Alteration Of Boundaries) Act, 1951
47 of 1951
1st September,1951
STATEMENT OF OBJECTS AND REASONS "By Article 4 of the Indo-Bhutan Treaty of Friendship concluded on the 8th August, 1949, and subsequently ratified, the Government of India undertook to cede to the Government of Bhutan a strip of territory measuring 32.81 square mites known as Dowager on the border of Kamrup district in the State of Assam. The territory had not been surveyed or demarcated and it could not, therefore, be handed over to Bhutan immediately. Under the provisions of Article 3 of the Constitution which came into force subsequently, the implementation of this undertaking requires an Act of Parliament. Since it involves diminishing the area and altering the boundaries of Assam, the view. of the Legislature of that State with respect to the proposal to introduce a Bill for this purpose and the provisions thereof have been ascertained in accordance with the Proviso to Article 3 of the Constitution. At its meeting held on the 27th March, 1951 the Legislative Assembly of Assam adopted the following resolution-
"The House recommends to the President of the Indian Union the transfer of about 32 square miles of territory in the Dowager hill block to the Bhutan Government as in Schedule below in pursuance of the Treaty of Darjeeling of 8th August, 1949". This Bill is designed to effect the transfer in accordance with the Constitution"-Gaz. Ind. 1951,Pt.ll-Sec.2,Page 35S.An Act to alter the boundaries of the State of Assam consequent on the cession of a strip of territory comprised in that State to the Government of Bhutan. Be it enacted by Parliament as follows:-
2. Alteration of the Boundaries of Assam .
On and from the commencement of this Act, the territory of the State of Assam shall cease to comprise the strip of territory specified in the Schedule, which shall be ceded to the Government of Bhutan, and the boundaries of the State of Assam shall be deemed to have been altered accordingly.
3. Amendment of the First Schedule to the Constitution.
In the first paragraph of Part A of the First Schedule to the Constitution, under the heading "TERRITORIES OF STATES", after the words "Assam Tribal Areas," the following words shall be inserted, namely:-"but shall not include the territories specified in the Schedule tithe Assam (Alteration of Boundaries) Act, 1951-"
SCHEDULE. See section 2
SCHEDULE 1
THE SCHEDULE
(See section 2)
The strip of territory measuring 32.81 square miles lying to the south of Bhutan within26° 45° and 27° North Latitude and 91° 15° and 91° 45° East Longitude, demarcated on the west, north and east by boundary pillars Nos. 90° 91, ° 92°, 93° and 94° erected in 1930-31, and on the south by boundary pillars Nos. 90, 91, 92, 93 and 94 erected in 1950.
Arbitration (Protocol And Convention) Act, 1937
6 of 1937
4th March, 1937
STATEMENT OF OBJECTS AND REASONS "The Government of India have had for some time past under consideration the question of India's adherence to the Geneva Protocol on Arbitration Clauses (1923) and the International Convention on the Execution of Foreign Arbitral Awards (1927).
The object of these Instruments is to meet the widely expressed desire of the commercial world that arbitration agreements should be ensured effective recognition and protection. A large number of countries including many of first class commercial and industrial importance, e.g.. the United Kingdom, France, Germany, the Netherlands, have adhered to these Instruments. After consulting Local Governments. High Courts and commercial bodies, a majority of whom were found to be in fad our of India's accession to these Instruments, the case was placed before the Commerce Department Standing Advisory Committee of the Legislature who recommended that India should adhere to the Instruments. These have accordingly been signed at Geneva on behalf of India, subject to reservations limiting India's obligations under the Instruments to commercial contracts and excluding the Indian States from the scope of the Instruments. The Instruments provide for their ratification by a contracting party before they are enforced in respect of that party. Prior to ratification it is necessary to enact legislation to implement certain obligations contracted under these Instruments, and the present Act incorporates the legislation needed in this respect". –
Gazette of India, 1936, Part V, p. 101.An Act to make certain further provisions respecting the law of arbitration nib [ India]. WHEREAS India was a State signatory to the Protocol on Arbitration Clauses set forth in the First Schedule, and to the Convention on the Execution of Foreign Arbitral Awards set forth in the Second Schedule, subject in each case to a reservation of the right to limit its obligations in respect thereof to contracts which are considered as commercial under the law in force nib[India]; AND WHEREAS it is expedient, for the purpose of giving effect to the said Protocol and of enabling the said Convention to become operative nib[India], to make certain further provisions respecting the law of arbitration: It is hereby enacted as follows:-
2. Interpretation
In this Act- 1[* * * * *] 1[ * ] "foreign award" means an award on differences relating to matters considered as commercial under the law in force in 2[India] made after the 28th day of July, 1924,-
(a) in pursuance of an agreement for arbitration to which the Protocol set forth in the First Schedule applies, and
(b) between persons of whom one is subject to the jurisdiction of some one of such powers as the 3[Central Government], being satisfied that reciprocal provisions have been made, may, by notification 4in the 3[Official Gazette], declare to be parties to the Convention set forth in the Second Schedule, and of whom the other is subject to the jurisdiction of some other of the powers, aforesaid, and
(c) in one of such territories as the 3[Central Government], being satisfied that reciprocal provisions have been made, may, by like notification, declare to be territories to which the said convention applies; and for the purposes of this Act an award shall not be deemed to be final if any proceedings for the purposes of contesting the validity of the award are pending in the country in which it was made.
1. The figure "(1)". the definition of the word "States" and figure "2", inserted by A. L. 0., 1950. were omitted by the Part B States (Laws) Act, 1951 (3 of 1951), S. 3 and Sch. ( 1-4-1951 ).
2. Substituted for "the States", by the Part B States (Laws) Act, 1951.
3. Substituted by A L. 0., 1937.
4. For such notification, see Gazette of India, 1938, Part I, page 24.
3. Stay of proceedings in respect of matters to be referred to arbitration.
Notwithstanding anything contained in the 1[Arbitration Act, 1940-], or in the Code of Civil Procedure, 1908-, if any party to a submission made in pursuance of an agreement to which the Protocol set-forth in the First Schedule as modified by the reservation subject to which it was signed by India applies, or any person claiming through or under him, commences any legal proceedings in any Court against any other party to the submission or any person claiming through or under him in respect of-any matter agreed to be referred, any party to such legal proceedings may at any time after appearance and before filing a written statement or taking any other steps in-the proceedings, apply to the Court to stay the proceedings and the Court, unless satisfied that the agreement or arbitration has become inoperative or cannot proceed, or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.
1. Substituted for the words "Indian Arbitration Act, 1899" by the Repealing and Amending Act, 1940 (32 of 1940). S. 3 and Sch. II.
4. Effect of foreign awards.
(1) A foreign award shall, subject to the provisions of this
Act, be enforceable in 1[ India] as if it were an award made on a matter referred to arbitration in 1[ India].
(2) Any foreign award which would be enforceable under this Act shall be treated as binding for all purposes on the persons as between whom it was made and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceeding in [India], and any references in this Act to enforcing a foreign award shall be construed as including references to relying on an award.
1. Substituted for the words "the States" by the Part B States (Laws) Act. 1951 (3 of 1951), S.3 and Sch.. ( 1-4-1951 ).
5. Filing of foreign award in Court.
(1) Any person interested in a foreign award may apply to any court having jurisdiction over the subject-matter of the award that the award be Filed in Court.
(2) The application shall be in writing and shall be numbered and registered as a suit between the applicant as plaintiff and the other parties as defendants.
(3) The Court shall direct notice to be given to the Partics to the arbitration, other than the applicant, requiring them to show cause, within a time specified, why the award should not be filed.
6. Enforcement of Foreign award.
(1) Where the Court is satisfied that the foreign award is enforceable under this Act, the Court shall order the award to be filed and shall proceed to pronounce judgment according to the award.
(2) Upon the judgment so pronounced a decree shall follow, and no appeal shall lie from such decree except in so far as the decree is in excess of or not in accordance with the award.
7. Conditions for enforcement of foreign awards.
(1) In order that: a foreign award may be enforceable under this Act it must have
(a) been made in Pursuance of an agreement for arbitration which was valid under the law by which it was governed,
(b) been made by the tribunal provided for in the agreement or constituted in manner agreed upon by the parties,
(c) been made in conformity with the law governing the arbitration procedure,
(d) become final in the country in which it was made, . -
(e) been in respect of a matter which may lawfully be referred to arbitration under the law of 1[ India],and .enforcement thereof must not be contrary to the public policy or the law of 1[ India].
(2) A foreign award shall not be enforceable under this Act if the Court dealing with thecae is satisfied that-
(a) the award has been annulled in the country in which it was made, or
(b) the party against whom it is sought to enforce the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case, or was under some legal incapacity and was not properly represented, or
(c) the award does not deal with all the questions referred or contains decisions on matters beyond the scope of the agreement for arbitration: Provided that if the award does not deal with all questions referred the Court may, if it thinks fit, either postpone the enforcement of the award or order its enforcement subject to the giving of such security by the person seeking to enforce it as the Court may think fit.
(3) If a party seeking to resist the enforcement of a foreign award proves that there is any ground other than the non-existence of the conditions specified in clauses (a), (b) and (c) o sub-section (1), to the existence of the conditions specified in clauses (b) and (c) of sub-section (2), entitling him to contest the validity of the award, the Court may, if it thinks fit, either refuse to enforce the award or adjourn the hearing until after the expiration of such period as appears to the Court to be reasonably sufficient to enable that party to take the necessary steps to have the award annulled by the competent tribunal.
1. Substituted for the words 'the States' by the Part B States (Laws) Act, 1951("3 of 1951), S.3 and Sch. ( 1-4-1951 ).
8. Evidence.
(1) The party seeking to enforce a foreign award must produce-
(a) the original award or a copy there of duly authenticated in manner required by the law of the country in which it was made;
(b) evidence providing that the award has become final; and
(c) such evidence as may be necessary to prove that the award is a foreign award and that the conditions mentioned in clauses (a), (b) and (c) of subjection (1) of section 7-aresatisfied.
(2) Where any document requiring to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in 1[India]
1. Substituted for the words "the States" by the Part B States (Laws) Act, 1951 (3 of 1951), S. 3 and Sch. ( 1-4-1951 ).
9. Saving.
Nothing in this Act shall-
(a) prejudice any rights which any person would have had of enforcing in 1[India] any award or of availing himself in 1[India] of any award if this Act had not been passed, or
(b) apply to any award made on an arbitration agreement governed by the law of 1[India].
1. Substituted for the words "the States" by the Part B States (Laws) Act, 1951 (3 of 1951), S. 3 and Sch. ( 1-4-1951 ).
10. Rule.
Making powers of the High Court.- The High Court may make rules 1consistent with this Act as to-
(a) the filing of foreign awards and all proceedings consequent thereon or incidental thereto;
(b) the evidence which must be furnished by a party seeking to enforce a foreign award under this Act; and
(c) generally, all proceedings in Court under this Act.
1. For rules made by Gujarat High Court re: practice and procedure to be followed in the Ahmedabad City Civil Courts, see Guj. Gaz., 9-11-1961 , Pt. IV-C, p. 1117.
SCHEDULE 1. PROTOCOL ON ARBITRATION CLAUSES
SCHEDULE 1
PROTOCOL ON ARBITRATION CLAUSES
The undersigned, being duly authorised, declare that they accept, on behalf of the countries which they represent, the following provisions:
1. Each of the Contracting States recognizes the validity of" an agreement whether relating to existing or future differences "between parties subject respectively to the jurisdiction of different Contracting States by which the parties to a contract agree to submit to arbitration - all or any differences that may arise in connection with such contract relating to commercial matters or to any other matter capable of a settlement by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction none of the parties is subject.
Each Contracting State reserves the right to limit the obligation mentioned above to contracts which are considered as commercial under its national law. Any contracting State which avails itself of this right will notify the Secretary -General of the League of Nations in order that the other Contracting States may be so informed.
2. The arbitral procedure, including the constitution of the Arbitral Tribunal, shall be governed by the will of the parties and by the law of the country in whose territory the arbitration takes place.
The Contracting States agree to facilitate all steps in the procedure which require to be taken in their own territories, in accordance with the provisions of their law governing arbitral procedure applicable to "existing differences."
3. Each Contracting State undertakes to ensure the execution by its authorities and in accordance with the provisions of its national laws of arbitral awards made in its own territory under the preceding articles.
4. The Tribunals of the Contracting Parties, on being seized of a dispute regarding a contract made between persons to whom Article I applied and including an arbitration Agreement whether referring to present as future differences" which is valid in virtue of the said article and capable of being carried into effect, shall refer the parties on the application of either of them to the decision of the Arbitrators," Such reference shall not prejudice the competence of the judicial tribunals in cast the agreement or the arbitration cannot proceed or becomes inoperative."
5. The present Protocol, which shall remain open for signature by all States, shall be ratified. The ratification shall be deposited as soon as possible with the Secretary-General of the League of Nations, who shall notify such deposit to all the Signatory States.
6. The present Protocol will come into force as soon as two ratifications have been deposited. There after it will take effect, in the case of each Contracting State, one month after the notification by the Secretary-General of the deposit of its ratification.
7. The present Protocol may be denounced by any Contracting State on giving one year's notice. Denunciation shall be effected by a notification addressed to the Secretary-General of the League, who will immediately transmit copies of such notification to all the other Signatory States and inform them of the date on which it was received. Thedenunciation shall take effect one year after the date on which it was notified to the Secretary-General, and shalloperate only in respect of the notifying State.
8. The Contracting States may declare that their acceptance of the present Protocol does not include any or all of the, under mentioned territories; that is to say, their colonies, overseas possessions or territories, protectorates, or the territories over which they exercise a mandate.
The said States may subsequently adhere separately on behalf of any territory thus excluded. The Secretary- General of the League of Nations shall be informed as soon as possible of such. adhesions. He shall notify such adhesions lo all Signatory States. They will take effect one month after the notification by the Secretary-General to all Signatory States.
The Contracting States may also denounce the Protocol separately on behalf of any of the territories referred to above. Article 7 applies to such denunciation.
SCHEDULE 2. CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS
SCHEDULE 2
CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS
Article 1.
In' the territories of any High Contracting Party to which the present Convention applies, an arbitral award made in pursuance of an agreement whether relating to existing or future differences (hereinafter called "submission to arbitration") covered by the Protocol on Arbitration Clauses opened at Geneva On September 24th,1923, shall be recognized as binding and shall be enforced in accordance with the rules of the procedure of the territory where the award is relied upon, provided that the said award has been made in a territory of one of the High Contracting Parties to which the present Convention applies and between persons who are subject to the jurisdiction ozone of the High Contracting Parties,
To obtain such recognition or enforcement, it shall, further, be necessary-
(a) That the award had been made in pursuance of a submission to arbitration which is valid under the law applicable thereto;
(b) That the subject-matter of the award is capable of settlement by arbitration under the law of the country in which the award is sought to be relied upon;
(c) That the award has been made by the Arbitral Tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure;
(d) That the award has become final in the country in which it has been made in the sense that it will not be considered as such if it is open to opposition, appeal or purvey en cassation (in the countries where such forms of procedure exist) or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending;
(e) That the recognition or enforcement of the award is not contrary to the public policy or to the principles of the law of the country in which it is sought to be relied upon.
Article 2.
Even if the conditions laid down in Article I hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied:
(a) That the award has been annulled in the country in which it was made;
(b) That the party against whom it is sought to use the award was not given notice of the arbitration proceeding in sufficient time to enable him to present his case; or that. being under a legal incapacity, he was not properly represented:
(c) That the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration. If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the award is sought can, if it thinks fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide..
Article 3.
If the party against whom the award has been made proves that under the law governing the arbitration procedure, there is a ground other than the grounds referred to in Article l(a) and (c), and Article 2(b) and(c), entitling him to contest the validity of the award in a Court of Law, the Court may, if it thinks fit, either refuse recognition or enforcement of the award or adjourn the consideration thereof, giving such party a reasonable time within which to have the award annulled by the competent tribunal.
Article 4.
The party relying upon an award or claiming its enforcement must supply, in particular:
(1) The original award or a copy thereof duly authenticated, according to the requirements of the law of the country in which it was made-,
(2) Documentary or other evidence to prove that the award has become final, in the sense affined in Art. 1 (d), in he country in which it was made;
(3) When necessary, documentary or other evidence to prove that the conditions laid down in Article 1, paragraph 1 and paragraph 2(a) and (c), have been fulfilled.
A translation of the award and of the other documented mentioned in this Article into the official language of the country where the award is sought to be relied upon may be demanded. Sach translations must be certified correct by a diplomatic or consular agent of the country to which the party who seeks to rely upon the award belongs or by a sworn translator of the country where the award is sought to be relied upon.
Article 5.
The provisions of the above Article shall not deprive any interested party of the right of availing himself of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country where such award is sought to be relied upon.
Article 6.
The present Convention applies only to arbitral awards made after the coming into force of the Protocol on Arbitration Clauses, opened at Geneva on September 24th, 1923.
Article 7.
The present Convention, which will remain open to the signature of all the signatories of the Protocol of 1923 on Arbitration Clauses, shall be ratified.
It may be ratified only on behalf of those Members of the League of Nations and non-Member States on whole behalf the Protocol of 1923 shall have been ratified.
Ratifications shall be deposited as soon as possible with the Secretary-General of the League of Nations who will notify such deposit to all the signatories,
Article 8.
The present Convention shall come into force three months after it shall have been ratified on behalf of two High Contracting Parties. Thereafter, it shall take effect, in the case of each High Contracting Party, three months after the deposit of the ratification on its behalf with the Secretary-General of the League of Nations*
Article 9.
The present Convention may be denounced on behalf of any Member of the League or non-Member State. Denunciation shall be notified in writing to the Secretary-General of the League of Nations, who will immediately send a copy thereof, certified to be in conformity with the notifications, to all the other Contracting Parties, at the same time informing them of the date on which he received it.
The denunciation shall come into force only in respect of the High Contracting Party which shall have notified it and one year after such notification shall have reached the Secretary-General of (he League of Nation*. The denunciation of the Protocol en Arbitration Clauses shall entail, ipso facto, denunciation of the present Convention.
Article l0.
The present Convention does not apply to the Colonies, Protectorates or territories under suzerainty or mandate of any High Contracting Party unless they are specially mentioned.
The application of this Convention to one or more of such Colonies, Protections or territories to which the Protocol on Arbitration Clauses opened at Geneva on September 24th 1923, applies, can be effected at any time by means of a declaration addressed to the Secretary-General of the League of Nations by one of the High Contracting Parties.
Such declaration shall take effect three months after the deposit thereof.
The High Contracting Partics can at any time denounce the Convention for all or any of the Colonies, Protectorates or territories referred to above. Article 9 hereof applies to such denunciation.
Artic 11.
A certified copy of the present Convention snail be transmitted by the Secretary-General of the League of Nations to every Member of the League of Nations and to every non-Member State which signs the same.
Arbitration (International Investment Disputes) Act, 1966
41 of 1966
13th December 1966
2. Effect of registration.
(1) Subject to the provisions of this Act, an award registered under Section 1-above shall, as respect the pecuniary obligations which it imposes be of the same force and effect for the purposes of execution as if it had been a judgment of the High Court given when the award was rendered pursuant to the Convention and entered on the date of registration under this Act. and, so far as relates to such pecuniary obligations-
(a) proceedings may be taken on the award,
(b) the sum for which the award is registered shall carry interest.
(c) the High Court shall have the same control over the execution of the award, as if the award had been such a judgment of the High Court.
(2) Rules of Court under Section 99 of the Supreme Court of Judicature (Consolidation)Act, 1925, may contain provisions requiring the Court on proof of the prescribed matters to stay execution of any award registered under this Act so as to take account of cases where enforcement of the award has been stayed (whether provisionally or otherwise) pursuant to the Convention, and may provide for the provisional stay of execution of the award where an application is made pursuant to the Convention which, if granted, might result in a stay of enforcement of the award.
3. Application of Arbitration Act, 1950, and other enactments.
(1) The Lord Chancellor may by order direct that any of the provisions contained in-
(a)Section 12 of the Arbitration Act, 1950(Attendance of witnesses, production of documents, etc.) or any corresponding enactments forming part of the law of Northern Ireland, and
(b)the Foreign Tribunals Evidence Act, 1856(which relates to the taking of evidence in the United Kingworm for the purpose of proceedings before a foreign tribunal),shall apply to such proceedings pursuant to the Convention as are specified in the order, with or without any modifications or exceptions specified in the order.
(2) Subject to the sub-section (1) above, neither the Arbitration Act, 1950 nor the Arbitration Act (Northern Ireland), 1937, shall apply to proceedings pursuant to the Convention, but this sub-section shall not be taken as affecting Section 4(1) of the Arbitration Act, 1950(stay of Court proceedings where there is submission to arbitration) or Section 4of the said Act of Northern Ireland.
(3)An order made under section--
(a) may be varied or revoked by a subsequent order so made, and
(b) shall be contained in a statutory instrument.
4. Status, immunities and privileges conferred by the Convention.
(1) In section 6-of the Chapter 1 of the Convention (which governs the status, immunities and privileges of the International Centre for Settlements of Investment Disputes established by the Convention, of members of its Council and Secretariat and of persons concerned with conciliation or arbitration under the Convention) Articles 18 to 20, Article 21 (a) (with Art. 22 as it applies Article 21(a)). Article 23(1) and Article 24 shall have the force of law.
(2) Nothing in Article 24(1) of the Convention as given the force of law by this section shall be construed as
(a) entitling the said Centre to import goods free of customs duty without any restriction on their subsequent sale in the country to which they were imported, or
(b) conferring, on that Centre any exemption from duties or taxes which form part of the price of goods sold. or
(c) conferring on that centre any exemption from duties or taxes which are no more than charges for services rendered.
(3) for the purposes of Article 20 and Article 21 (a) of the Convention as given the force of law by this section, a statement to the effect that the said Centre has waived an immunity in the circumstances specified in the statement, being a statement certified by the Secretary-General of the said Centre (or by the person acting as Secretary-General), shall be conclusive evidence
5. Government contribution to expenses under the Convention.
The Treasury may discharge any obligations of Her Majesty's Government in the United Kingdom arising under Article 17 of the Convention (which obliges the contracting States to meet any deficit of the International Centre for Settlement of Investment Disputes established under the Convention), and any sums required for that purpose shall be met out of money provided by Parliament.
6. Application to British possessions, etc.
[Not printed.]
7. Application to Scotland .
[Not printed.]
8. Application to Northern Ireland .
[Not printed.]
9. Short title and commencement.
(1) This Act may be cited as the ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) ACT, 1966.
(2) This Act shall come into force on such day 1as her 'Majesty by Order in Council certify to be the day on which the Convention comes into force as regards the United Kingdom.
1. The Act came into force on 21st December 1966, on which the Convention came into force as regards the regards the United Kingdom .
SCHEDULE 1. TEXT OF CONVENTION
SCHEDULE 1
TEXT OF CONVENTION
CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTESBETWEEN STATES AND NATIONALS OF OTHER STATES.
Preamble The Contracting States Considering the need for international co-operation for economic development, and the role of private international investment therein;
Bearing in mind the possibility that from time to time disputes may arise in connection with such investment between Contracting States and nationals of other Contracting States;
Recognizing that while such disputes would usually be Subject to national legal processes, international methods of settlement may he appropriate in certain cases;
Attaching particular importance to the availability of facilities for international conciliation or arbitration to which Contracting States and nationals of other Contracting States may submit such disputes if they so desire;
Desiring to establish such facilities under the auspices of the International Bank for Reconstruction and Development; Recognizing that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitutes a binding agreement which requires in particular that due consideration be given to any recommendation of conciliators, and that any arbitral award be complied with: and
Declaring that no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and without its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration, Have agreed as follows:
CHAPTER 1 INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
SECTION ESTABLISHMENT AND ORGANISATION
1. Article
(1) There is hereby established the International Centre for Settlement of Investment Disputes (hereinafter catted the Centre).
(2) The purpose of the Centre shall be to provide facilities for conciliation and arbitration of investment disputes between Contracting States and nationals of other Contracting States in accordance with the provisions of this Convention.
2. Article
The seat of the Centre shall be at the principal office of the International Bank for Reconstruction and Development (hereinafter called the Bank"). The seat may be moved to another place by decision of the Administrative Council adopted by a majority of two-thirds of its members.
3. Article
The Centre shall have an Administrative Council and a Secretariat and shall maintain a Panel of Conciliators and a Panel of Arbitrators. ADMINSTRATIVE COUNCIL
4. Article
(1) The Administrative Council shall be composed of one representative of each Contracting State. An alternate may act as representative in case of his principal's absence from a meeting or inability to act.
(2) In the absence of a contrary designation, each Governor and alternate Governor of the Bank appointed by contracting State shall be ex officio its representative and its alternative respectively.
5. Article
The President of the Bank shall be ex officio Chairman of the Administrative Council (hereinafter called the Chairman) but shall, have no vote. During his absence or inability to act and during any vacancy in the office of President of the Bank, the person for the time being acting as President shall act as Chairman of the Administrative Council.
6. Article
(1) 'Without prejudice to the powers and functions vested in it by other provisions of the Convention, the Administrative Council shall-
(a) .adopt the administrative and financial regulations of the Centre;
(b) adopt the rules of procedure for the institution of conciliation and arbitration proceedings;
(c) adopt the rules of procedure for conciliation and arbitration proceedings (hereinafter called the Conciliation Rules and the Arbitration Rules');
(d) approve arrangements with the Bank for the use of the Bank's administrative facilities 'and services;'
(e) determine the conditions of service of the Secretary-General and of any Deputy Secretary-General:
(f) adopt the annual budget of revenues and expenditures of the Centre;
(g) approve the annual report on the operation of the Centre.
The decisions referred to in sub-paragraphs (a), (b), (c) and (f) above shall be adopted by a majority of two-thirds of the members of the Administrative Council.
(2) The Administrative Council may appoint such committees as it considers necessary.
(3) The Administrative Council shall also exercise such other powers and perform such other functions as it shall determine to be necessary for the implementation of the provisions of this Convention.
7. Article
(1) The Administrative Council shall hold an annual meeting and such other meetings as may be determined byte Council, or convened by the Chairman, or convened by the Secretary-General at the request of not less than five members of the Council.
(2) Each member of the Administrative Council shall have one vote and, except as otherwise herein provided, all matter before the Council shall be decided by a majority of the votes cast.
(3) A quorum for any meeting of the Administrative Council shall be a majority of its members.
(4) The Administrative Council may establish, by a majority of two-thirds of its members, procedure whereby the Chairman may seek a vote of the Council without convening a meeting of the Council. The vote shall be considered valid only if the majority of the members of the Council cast their votes within the time limit fixed by the said procedure.
8. Article
Members of the administrative council and the Chairman shall serve without remuneration from the Centre SECTION 3 THE SECRETARIAT
9. Article
The Secretariat shall consist of a Secretary-General, one or more Deputy Secretaries-General and staff.
10. Article
(1) The Secretary-General and any Deputy Secretary-General shall be elected by the Administrative Council by majority .of two-thirds of. Its; members upon the nomination of the Chairman for a term of service not exceeding six years and shall. be eligible for re-election. After consulting the members of the Administrative Council, the Chairman shall propose one or more candidates for each such office.
(2) The offices of Secretary General and Deputy Secretary-General shall be incompatible with the exercise any political function. Neither the Secretary-General nor any Deputy Secretary-General may hold any other employment or engage in any other occupation except with the approval of the Administrative Council.
(3) During the Secretary-General's absence or inability to act, and during any vacancy of the office of Secretary-General, the Deputy Secretary-General shall act as Secretary-General. If there shall be more than one Deputy Secretary-General the Administrative Council shall determine in advance the order in which they shall act as Secretary-General
11. Article
The Secretary-General shall be the legal representative and the principal officer of the Centre and shall be responsible for its administration, including the appointment of staff, in accordance with the provisions of this Convention and the rules adopted by the Administrative Council. He shall perform the functions of registrar and shaft have the power to authenticate arbitral awards rendered pursuant to this Convention and to certify copies thereof. SECTION 4THE PANELS
12. Article
The Panel of Conciliators and the Panel of Arbitrators shall each consist of qualified person, designated as hereinafter provided, who are willing to serve thereon.
13. Article
(1) Each Contracting State may designate to each Panel four persons who may but need not be its nationals.
(2) The Chairman may designate ten persons to each Panel. The persons so designated to a Panel shall each have different nationality.
14. Article
(1) Persons designated to serve on the Panels shall be persons of high moral character and recognized competence in the fields of law, commerce, industry or finance, who may be relied upon to exercise independent judgment. Competence in the field of law shall be of particular importance in the case of persons on the Panel of Arbitrators.
(2) The Chairman, in designating persons to serve on the Panels, shall in addition pay due regard to the importance of assuring representation on the Panels of the principal legal systems of the world and of the main forms of economic activity.
15. Article
(1) Panel members shall serve for renewable period of six, years.
(2) In case of death or resignation of a member of a Panel, the authority which designated the member shall have the right to designate another person to serve for the remainder of that member's term.
(3) Panel members shall continue in office until their successors have been designated.
16. Article
(1) A person may serve on both Panels.
(2) lf a person shall have been designated to serve on the same Panel by more than one Contracting State, or bygone or more Contracting States and the Chairman, he shall be deemed to have been designated by the authority which first designated him or, if one such authority is the State of which he is a national; by that State.
(3). All designations shall be notified to the Secretary-General and shall :take effect from the date on Which the notification is received.
SECTION 5 FINANCING THE CENTRE
17. Article
If the expenditure of the Centre cannot be met out of charges for the use of its facilities, or out of other receipts, the excess shall be borne by Contracting States which are members of the Bank in proportion to their respective subscriptions to the capital stock of the Bank, and by Contracting States which are not members of the Bank ill accordance with rules adopted by the Administrative Council. SECTION 6
STATUS, IMMUNITIES AND PRIVILEGES
18. Article
The Centre shall have full international legal personality. The legal capacity of the Centre shall include the capacity-
(a) to contract;
(b) to acquire and dispose of movable and immovable property;
(c) to institute legal proceedings.
19. Article
To enable the Centre to fulfil its functions, it shall enjoy in the territories of each Contracting State the immunities and privileges set forth in this Section.
20. Article
The Centre, its property and assets shall enjoy immunity from all legal process, except when the Centre waives this immunity.
21. Article
The Chairman, the members of the Administrative Council, persons acting as Conciliators or arbitrators or members of a Committee appointed pursuant to paragraph (3) of Article 52. and the officers and employees of the Secretarial,
(a) shall enjoy immunity from legal process with respect to acts performed by them in the exercise of their functions, except when the Centre waives this immunity-,
(b) not being local nationals, shall enjoy the same immunities from immigration restrictions, alien registration requirements and national service obligations, the same facilities as regards exchange restrictions and the same treatment in respect of travelling facilities as are accorded by Contracting States to the representatives. officials and employees of comparable rank of other Contracting States.
22. Article
The provisions of Article 21 shall apply to persons appearing in proceedings under the Convention as parties, agents, counsel, advocates, witnesses or experts: provided, however, that sub-paragraph (b) thereof shall apply only in connection with their travel to and from, and their stay at. the .place where the proceedings are held.
23. Article
(1) The archives of the Centre shall be inviolable, wherever they may be.
(2) With regard to its official communications, the Centre shall be accorded by each Contracting State treatment not less favourable than that accorded to other international organisations.
24. Article
(1) The Centre, its assets, property and income, and its operations and transactions authorised by this Convention shall be exempt from all taxation and customs duties. The Centre shall also be exempt from liability for the collection or payment of any taxes or customs duties.
(2) Except in the case of local nationals, no tax shall be levied on or in respect of expense allowances, paid by the Centre to the Chairman or members of the Administrative Council, or on or in respect of salaries, expense allowances or other emoluments paid by the Centre to officials or employees of the Secretariat.
(3) No tax shall be levied on or in respect of fees or expense allowances received by persons acting as conciliators or arbitrators, or members of a Committee appointed pursuant to paragraph (3) of Article 52, in proceedings under this Convention, if the sole jurisdictional basis for such tax is the location of the Centre or the place where such proceedings are conducted or the place where such fees or allowances are paid.
CHAPTER 2
JURISDICTION OF THE CENTRE
25. Article
(1) The jurisdiction of centre shall extend to legal dispute arising directly out of an investment, between contracting State (or any constituent sub-division or agency of a Contracting State designated to the Centre by that State) and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the Centre. When the parties have given their consent. no party may withdraw its consent unilaterally.
(2) "National of another Contracting State" means:
(a) any natural person who had the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration as well as on the date on which the request was registered pursuant to paragraph (3) of Article 28 or paragraph (3) of Article 36. but does not include any person who on either date also had the nationality of the Contracting State party to the dispute: and
(b) any juridical person which had the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration and any juridical person which had (he nationality of the Contracting State party to the dispute on that date and which, because of foreign control, the parties have agreed should be treated as a national of mother Contracting State for the purposes of this Convention.
(3) Consent by a constituent sub-division or agency of a Contracting State shall require the approval of that State unless that State notifies the Centre that no such approval is required.
(4) Any Contracting State may, at the time of ratification, acceptance or approval of this Convention or at anytime thereafter, notify the Centre of the class or classes of disputes which it would or would not consider submitting tithe jurisdiction of the Centre. The Secretary-General shall forthwith transmit such notification to all Contracting States. Such notification shall not constitute the consent required by paragraph (1).
26. Article
Consent of the parties to arbitration under this Convention shall, unless otherwise stated, be deemed consent touch arbitration to the exclusion of any other remedy. A Contracting State may require the exhaustion of local administrative or judicial remedies as a condition of its consent to arbitration under this convention.
27. Article
(1)No contracting State shall give diplomate protection, orbing an international claim, in respect of a dispute which one of its nationals and another contracting state shall have submitted to arbitration under this arbitration under this convention, unless such other contracting state shall have falsetto abide by and comply with the award rendered in such dispute.
(2) Diplomatic protection, for the purpose of paragraph (1) shall not include informal diplomate exchanges for the sole purpose of facilitating a settlement of the dispute.
CHAPTER 3
CONCILIATIONSECTION 1REQUEST FOR CONCILIATION
28. Article
(1) Any Contracting State or any national of a Contracting State wishing to institute conciliation procedings shall address a request to that effect in writing to the Secretary -General who shall lend a copy of the request to the other party.
(2) The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to conciliation in accordance with the rules of procedure for the institution of conciliation and arbitration proceedings.
(3) The Secretary-General shall register the request unless he finds, on the basis of the information contained in the request, that the dispute is manifestly outside the Jurisdicition of the Centre. He shall forthwith notify the parties of registration or refusal to register.
SECTION CONSTITUTION OF THE CONCILIATION COMMISSION
29. Article
(a) The Commission shall consist of a sole conciliator or any uneven number of conciliator appointed as the parties shall agree.
(b) Where the parties do not agree upon the number of conciliators and the method of their appointment, the Commission shall consist of three conciliators, one conciliator appointed by each party and the third, who shall be the president of the Commission, appointed by agreement of the parties.
30. Article
If the Commission shall not have been constituted with in 90 days after notice registration of the request has been dispatched by the Secretary-General in accordance with paragraph (3) of Article 28, or such other period Theparties may agree, the Chairman shall, at the request of dither party and after consulting both Partics as few as pun), may appoint the conciliator or conciliators not yet appointed.
31. Article
(1) Conciliators may be appointed from outside the Pane) of Conciliators, except in the case of appointments by the Chairman pursue at to Article 30.
(2) Conciliators, appointed from outside the Panel of Conciliators shall possess the qualities stated in paragraph (1) Of Article 14.
SECTION 3 CONCILIATION PROCEEDINGS
32. Article
(1) The Commission shall be the Judge of its own competence.
(2) Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre or for other reasons is not within the competence of the Commission, shall be considered by the Commission which shall determine whether to deal with it as a preliminary question or to join it to the merits of the dispute
33. Article
Any conciliation proceeding shall be conducted in accordance with the provisions of this Section and, except as the parties otherwise agree, in accordance with the Conciliation Rules in effect on the date on which the parties consented to conciliation. If any question of procedure arises which is not covered by this Section or the Condiliation Rules or any roles agreed by the parties, the Commission shall decide the question.
34. Article
(1) It shall be the duty of the Commission to clarify the issues in dispute between the parties and to endeavour to bring about agreement between them upon mutually acceptable terms. To that end, the Commission may at any stage of the proceedings and from time to time recommend terms of settlement to the parties. The parties shall co-operate dingoed faith with the Commission in order to enable the Commission to carry out its functions, and shall give their most serious consideration to its recommendations.
(2) It the parties reach agreement the Commission shall draw up a report noting the issues in. dispute. And recording that the parties have reached agreement. If, at any stage of the proceedings, it appears to the Commission that there is no likelihood of agreement between the parties, it shall close. the proceedings and shall draw up a reprinting the submission of the dispute and recording the failure of the parties to reach agreement If one party fails to appear or participate in the proceedings, the Commission shall close the proceedings and shall draw up a report noting that party's failure to appear or participate.
35. Article
Except as the parties to the dispute shall otherwise agree, neither party to a conciliation proceeding shall. be entitled in any other proceeding, whether before arbitrators or in a Court of law or otherwise, to invoice or ret-on any views expressed or statements or admissions or offers of settlement made by the other party in the conciliation proceedings, or the report or any recommendation made by the Commission.
CHAPTER 4
ARBITRATION SECTION IREQUEST FOR ARBITRATION
36. Article
(1) Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party.
(2) The reddest shall contain information concerning the issues in dispute, the identity of the parties and their content to arbitration in accordance with the rules of procedure for the institution of conciliation and arbitration proceedings.
(3) The Secretary-General shall register the request unless he finds, on the basis of the information contained in the request, that the dispute is manifestly outside the jurisdiction of the Centre. He shall forthwith notify the partial of registration or refusal td register.
SECTION 2 CONSTITUTION OF THE TRIBUNAL
37. Article
(1) The Arbitral Tribunal (hereinafter called the Tribunal) shall be constituted as soon as possible after registration of a request pursuant to Article 36.
(2)
(a) The Tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the pasties shall agree.
(b) Where the parties do not agree upon the number of arbitrators and the method of their appointment, the Tribunal shall consist of three arbitrators, one arbitrator appointed by each party and the third, who shall be the president of the Tribunal, appointed by agreement of the parties.
38. Article
If the Tribunal shall not have been constituted within 90 days after notice of request of the request has been dispatched by the Secretary-General in accordance with paragraph (3) of Article 36, or such other period as the parties may agree, the Chairman shall, at the request of either party and after consulting both parties as far as possible, appoint the arbitrator or arbitrators not yet appointed. Arbitrators appointed by the Chairman pursuant to this Article shall not be nationals of the Contracting State party to the dispute or of the Contracting State whose national is a party to the dispute.
39. Article
The majority of the arbitrators shall be nationals of State other than the Contracting State party to the dispute and the Contracting State whose national is a party tee the dispute; provided, however, that the fore going provisions of this Article shall not apply if the sole arbitrator or each individual member of the Tribunal has been appointed by agreement of the parties.
40. Article
(1) Arbitrators may be appointed from outside the Panel of Arbitrators, except in the case-of appointments by the Chairman pursuant to Article 38.
(2) Arbitrators appointed from outside the Panel of Arbitrators shall possess the qualities stated in paragraph (1)of Article 14.
SECTION 3 POWERS AND FUNCTIONS OF THE TMBUNAL
41. Article
(1) The Tribunal shall be the Judge of its own competence.
(2) Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre, or for other reasons is not within the competence of the Tribunal, shall be considered by the Tribunal which shall determine whether to deal with it as a preliminary question or to join it to the merits of the dispute.
42. Article
(1) The Tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. In the absence of such agreement, the Tribunal shall apply the law of the Contracting State party to the dispute (including its rules on the conflict of laws) and such rules of international law as may be applicable.
(2) The Tribunal may not bring in a finding of non piquet on the ground of silence or obscurity of the law.
(3) The provisions of paragraphs (1) and (2) shall not prejudice the power of the Tribunal to decide a dispute exequy et bono if the parties so agree.
43. Article
Except as the parties otherwise agree, the Tribunal may, if it deems it necessary at any stage of the proceedings,
(a) call upon the parties to produce documents or other evidence, and
(b) visit the-scene connected with the dispute, and conduct such enquiries there as it may deem appropriate.
44. Article
Any arbitration proceedings shall be conducted in accordance with the provisions of this Section and, except as the parties otherwise agree, in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. If any question of procedure arises which is not covered by this Section or the Arbitration Rules or any rules agreed by the parties, the Tribunal shall decide the question.
45. Article
(1) Failure of a party lo appear or to present his case shall not be deemed an admission of the other party's assertions...
(2) If a party fails to appear or to present his case at any stage of the proceedings the other party may request the Tribunal to deal with the questions submitted to it and to render an award. Before rendering an award, the Tribunal shall notify, and grant a period of grace to, the party failing to appear or to present its case, unless it is satisfied that that party does not intend to do so.
46. Article
Except as the parties otherwise agree, the Tribunal shall, if requested by a party, determine any incidental or additional claims or counter-claims arising directly out of the subject-matter of the dispute provided that they are within the scope of the consent of the parties and are otherwise within the jurisdiction of the Centre.
47. Article
Except as the parties otherwise agree, the Tribunal may, if it considers that the circumstances so require, recommend any provisional measures which should be taken to preserve the respective rights of either party. SECTION 4THE AWARD
48. Article
(1)The Tribunal shall decide questions by a majority of the votes of all its members.
(2) The award of the Tribunal shall be in writing and shall be signed by the members of the Tribunal who voted for it.
(3) The award shall deal with every question submitted to the Tribunal, and shall state the reasons upon which it if based.
(4) Any member of the Tribunal may attach his individual opinion to the award, whether he dissents from the majority or not, or a statement of his dissent.
(5) The Centre shall not publish the award without the consent of the parties.
49. Article
(1) The Secretary-General shall promptly dispatch certified copies of the award. to the parties. The award shall be deemed to have been rendered on the date on which the certified copies were dispatched.
(2) The Tribunal upon the request of a party made within 45 days after the date on which the award was rendered may after notice to the other party decide any question which it had omitted to decide in the award and shall rectify any clerical, arithmetical or similar error in the award. It's decision shall become part of the award and shall be notified to the parties in the same manner as the award. The periods of time provided for under paragraph (2) of Article 51 and paragraph (2) of Article 52 shall run from the date on which the was rendered.
SECTION 5 INTERPRETATION. REVISION AND ANNULMENT OF THE AWARD
50. Article
(1) if any dispute shall arise between the parties as to the meaning or scope of an award, either party may request interpretation of the award by an application in writing addressed to the Secretary-General,
(2) The request shall, if possible, be submitted to the Tribunal which rendered the award. If this shall not be possible, a new Tribunal shall be constituted in accordance with section 2-of this Chapter. The Tribunal may, if it considers that the circumstances-so require, stay enforcement of the award pending its decision.
51. Article
(1) Either party may request revision of the award by an application in writing addressed to the Secretary-General on the ground of discovery of some fact of such a nature as decisively to affect the award, provided that when the award was rendered that fact was unknown to the Tribunal and to the applicant and that the applicant's ignorance of that fact was not due to negligence.
(2) The application shall be made within 90 days after the discovery of such fact and in any event within there years after the date on which the award was rendered.
(3) The request shall, if possible, be submitted to the Tribunal which rendered the award. If this shall not be possible, a new Tribunal shall be constituted in accordance with section 2-of this Chapter.
(4) The Tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. If the applicant requests stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the tribunal rules on such request.
52. Article
(1) Either party may request annulment of the award by an application in writing addressed to the Secretary-General on one or more of the following grounds:
(a) that the Tribunal was not properly constituted;
(b) that the Tribunal has manifestly exceeded its powers;
(c) that there was corruption on the part of a member of the Tribunal;
(d) that there has been a serious departure from a fundamental rule of procedure; or
(e) that the award has failed to state the reasons on which it is based.
(2) The application shall be made within 120 days after the date on which the award was rendered except that when annulment is requested on the ground of corruption such application shall be made within 120 days after discovery of the corruption and in any event within three years after the date on which the award was rendered.
(3) On receipt of the request the Chairman shall forthwith appoint from the Panel of Arbitrators an Committee of three persons. None of the members of the Committee shall have been a member of the Tribunal which rendered the award, shall be of the same nationality as any such member, shall be a national of the State party to the dispute or of the State whose national is a party to the dispute, shall have been designated to the Panel of Arbitrators by either of those States, or shall have acted as a conciliator in the same dispute. The Committee shall have the authority to annul the award or any part thereof on any of the grounds set forth in paragraph (1).
(4) The provisions of Articles 41.45,48,49,53 and 54 and of Chapter VI and VII shall apply mutatis mutandis to proceedings before the Committee.
(5) The Committee may, if it considers that circumstances so require, stay enforcement of the award pending its decision. If the applicant requests a stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the Committee rules on such request.
(6) If the award is annual led the dispute shall, at the request of either party, be submitted to a new Tribunal constituted in accordance with S. 2 of this Chapter.
SECTION 6 RECOGNITION AND ENFORCEMENT OF THE AWARD
53. Article
(1) The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention, each party shall abide by and comply with the terms of the award except to the extent that enforcement shall have been stayed pursuant to the relevant provisions of this Convention.
(2) For the purposes of this Section, "award" shall include any decision interpreting, revising or annulling such award pursuant to Arts. 50, 51 or 52.
54. Article
(1) Each Contracting State shall recognize an award rendered pursuant to this Convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a Court in that State. A Contracting State with a federal constitution may enforce such an award in or through its federal Courts and may provide that such courts shall treat the award as if it were a final judgment of the Courts of a constituent State.
(2) A party seeking recognition or enforcement in the territories of a Contracting State shall furnish to a competent Court or other authority which such state shall have designated for this purpose, a copy of the award certified by the Secretary-General. Each contracting State shall notify the Secretary-General of the designation of the competent court or other authority for this purpose and of any subsequent change in such designation.
(3) Execution of the award shall be governed by the laws concerning the execution of judgments in force in the Slate in whose territories such execution is sought.
55. Article
Nothing in Article 54 shall be construed as derogating from the law in force in any Contracting State relating to immunity of that State or of any foreign State from execution.
CHAPTER 5
REPLACEMENT AND DISQUALIFICATION OF CONCILIATORS AND ARBITRATORS
56. Article
(1) After a Commission or a Tribunal has been constituted and proceedings have begun, its composition shall remain unchanged; provided, however, that if a conciliator, or an arbitrator should die, become incapacitated, or resign, the resulting vacancy shall be filled in accordance with the provisions of S. 2 of Chapter III or Section 2-ofChapter IV.
(2) A member of the Commission or Tribunal shall continue to serve in that capacity notwithstanding that he shall have ceased to be a member of the Panel.
(3) If a conciliator or arbitrator appointed by a party shall have resigned without the consent of the Commission or Tribunal of which he was a member, the Chairman shall appoint a person from the appropriate Panel to fill the resulting vacancy.
57. Article
A party may propose to a Commission or Tribunal the disqualification of any of its members on account of any fact indicating a manifest lack of the qualities required by paragraph (1) of Article 14. A party to arbitration proceedings may, in addition, propose the disqualification of an arbitrator on the ground that he was ineligible for appointment to the Tribunal undersection 2-of Chapter IV.
58. Article
The decision on any proposal to disqualify a conciliator or arbitrator shall be taken by the other members of the' Commission or Tribunal, as the case may be, provided that, where those members are equally divided, or in the case of a proposal to disqualify a sole conciliator or arbitrator, or a majority of the conciliators or arbitrators, the Chairman' shall take that decision. If it is decided that the proposal it well founded, the conciliator or arbitrator to whom the decision relates shall be replaced in accordance with the provisions of Section 2-of Chapter III or Section 2-ofChapter IV.
CHAPTER 6
COST OF PROCEEDINGS
59. Article
The charges payable by the parties for the use of the facilities of the Centre shall be determined by the Secretary-General in accordance with the regulations adopted by the Administrative Council.
60. Article
(1) Each Commission and each Tribunal shall determine the fees and expenses of its members within limits established from time to time by the Administrative Council and after consultation with the Secretary-General.
(2) Nothing in paragraph (1) of this Article shall preclude the parties from agreeing in advance with the Commission or Tribunal concerned upon the fees and expenses of its members.
61. Article
(1) In the case of conciliation proceedings the fees and expenses of members of the Commission as well as the charges for the use of the facilities of the Centre, shall be borne equally by the parties. Each party shall bear any other expenses it incurs in connection with the proceedings.
(2) In the case of arbitration proceedings the Tribunal shall, except as the parties otherwise agree, asses the expenses incurred by the parties in connection with the proceedings, and shall decide how and by whom those expenses, the fees and expenses of the members of the Tribunal and the charges for the use of the facilities of the Centre shall be paid. Such decision shall form part of the award.
CHAPTER 7
PLACE OF PROCEEDINGS
62. Article
Conciliation and arbitration proceedings shall be held at the seat of the Centre except as hereinafter provided.
63. Article
Conciliation and arbitration proceedings may be held, if the parties so agree-
(a) at the seat of the Permanent Court of Arbitration or of any other appropriate institution, whether private or public, with which the Centre may make arrangements for that purpose, or
(b) at any other place approved by the Commission or Tribunal after consultation with the Secretary-General.
CHAPTER 8
DISPUTES BETWEEN CONTRACTING STATES
64. Article
Any dispute arising between Contracting States concerning the interpretation or application of this Convention which is not settled by negotiation shall be referred to the International Court of Justice by the application of any party to such dispute, unless the States concerned agree to another method of settlement.
CHAPTER 9
AMENDMENT
65. Article
Any Contracting State may propose amendment of this Convention. The text of a proposed amendment shall be communicated to the Secretary-General not less than 90 days prior to the meeting of the Administrative Council at which such amendment is to be considered and shall forthwith be transmitted by him to all the members of the Administrative Council.
66. Article
(1) If the Administrative Council shall so decide by a majority of two-thirds of its members, the proposed amendment shall be circulated to all Contracting States for ratification, acceptance or approval. Each amendment shall enter into force 30 days after dispatch by the depositary of this Convention of a notification to Contracting State*that all Contracting States have ratified, accepted or approved the amendment.
(2) No amendment shall affect the rights and obligations under this Convention of any Contracting State or of any of its constituent sub-divisions or agencies or of any national of such State arising out of consent to the jurisdiction of the Centre given before the date of entry into force of the amendment.
HAPTER 10
FINAL PROVISIONS
67. Article
This Convention shall be open for signature on behalf of States members of the Bank. It shall also be open for signature on behalf of any other State which is a party to the Statute of the International Court of Justice and which (he Administrative Council, by a vote of two-thirds of its members, shall have invited to sign the Convention.
68. Article
(1) This Convention shall be subject to ratification, acceptance or approval by the signatory States in accordance with their respective constitutional procedures.
(2) This Convention shall enter into force 30 days after the date of deposit of the twentieth instrument of ratification, acceptance or approval. It shall enter into force for each State which subsequently deposits its instrument of ratification, acceptance or approval 30 days after the date of such deposit.
69. Article
Each Contracting State shall take such legislative or other measures as may be necessary for making the provisions of this Convention effective in its territories.
70. Article
This Convention shall apply to all territories for whose international relations a Contracting State is responsible, except those which are excluded by such State by written notice to the depositary of this Convention either at the time of ratification, acceptance or approval or subsequently.
71. Article
Any Contracting State may denounce' this Convention by written notice to the depositary of this Convention. The denunciation shall lake effect six months after receipt of such notice.
72. Article
Notice by a Contracting State pursuant to Article 70 or 71 shall not affect the rights or obligations under this Convention of that State or of any of its constituent sub-divisions or agencies or of any national of that State arising out of consent to the jurisdiction of the Centre given by one of them before such notice was received by the depositary.
73. Article
Instruments of ratification, acceptance or approval of this Convention and of. amendments thereto shall be deposited with the Bank which shall act as the depositary of this Convention. The depositary shall transmit certified copies of this Convention to States members of the Bank and to any other State invited to sign the Convention.
74. Article
The depositary shall register this Convention with the Secretariat of the United Nations in accordance with Article 120 of the Charter of the United Nations and the Regulations hereunder adopted by the General Assembly.
75. Article
The depositary shall notify all signatory States of the following:-
(a) signatures in accordance with Article 67.
(b) deposits of instruments of ratification, acceptance and approval in accordance with Article 73;
(c) the date on which this Convention enters into force in accordance with Article 68:
(d) exclusions from territorial application pursuant to Article 70;
(e) the date on which any amendment of this Convention enters into force in accordance with Article 66; and
(f) denunciations in accordance with Article 71.
Done at Washington in the English. French and Spanish languages, all three texts being equally authentic, in a single copy which shall remain deposited in the achieves of the International Bank for Reconstruction and0Development, which has indicated by its signature below its agreement to fulfil the functions with which it is charged under this Convention.
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