Chapter IV Chapter IV

(1) The Tribunal shall after recording evidence, if necessary and after perusing the material on record and on affording opportunity to parties to submit their arguments, make an award : Provided that the Tribunal may make an ‘interim’ award : Provided further that the Tribunal shall give reasons in brief for an award including an interim award. (2) The Tribunal shall, as far as possible, make its award within four months from the date of service notice of reference on opposite party. (3) The Tribunal may award costs and interest at such rate as may appear reasonable to it. (4) The award shall be as per opinion of the majority of the members. If the Members of Bench differ in opinion on any point, the points shall be decided according to the opinion of majority if there is a majority, but if the members are equally divided, the point or points on which they differ shall be stated for reference of the case for hearing on such point or points by one or more of the other Members of the Tribunal, or by the Chairman himself, as the case may be, and then such point or points shall be decided according to the opinion of the majority of the Tribunal, who have heard the case including those who had first heard it. (5) The award shall spell out clearly the relief granted, the party in whose favour and against whom relief has been granted and by whom and in whose favour costs and interest, if any, are payable. (6) Copies of the award, certified under hand and seal of an officer of the Tribunal authorized in that behalf by the Chairman, shall be supplied to all the parties.

Notwithstanding anything to the contrary contained in any law relating to arbitration but subject to Section 19, an award including an ‘interim’ award, made by the Tribunal under this Act, shall be final and binding on the parties thereto.

An award, including an ‘interim’ award as confirmed, rescinded or varied by an order in revision if any made under this Act, shall be deemed to be decree within the meaning of Section 2 of the Code of Civil Procedure, 1908 (No.5 of 1908) of the Principal Civil Court of original jurisdiction within the local limits whereof the award or the interim award has been made and it shall be executable accordingly.

(1) The High Court may suo motu at any time or on an application for revision made to it within three months of the award by an aggrieved party, call for the record of any case in which an award has been made under this Act by issuing a requisition to the Tribunal and upon receipt of such requisition, the Tribunal shall send or cause to be sent to that Court the concerned award and record thereof : Provided that any application for revision may be admitted after the prescribed period of three months, if the applicant satisfies the High Court that he had sufficient cause for not preferring the revision with such period. Explanation.— The fact that the applicant was misled by any order, practice or judgment or the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this sub-section. (2) If it appears to the High Court that the Tribunal— (a) has exercised a jurisdiction not vested in it by law; or (b) has failed to exercise a jurisdiction so vested; or (c) has acted in exercise of its jurisdiction illegally, or with material irregularity; or (d) has misconducted itself or the proceedings; or (e) has made an award which is invalid or has been improperly procured by any party to the proceedings, the High Court may make such order in the case as it thinks fit. (3) The High Court shall in deciding any revision under this section exercise the same powers and follow the same procedure as far as may be, as it does in deciding a revision under Section 115 of the Code of Civil Procedure, 1908 (No.5 of 1908). (4) The High Court shall cause a copy of its order in revision to be certified to the Tribunal. Explanation.— For the purposes of this section, an award shall include an ‘interim’ award.

(1) As from the date of the constitution of the Tribunal and notwithstanding anything contained in Arbitration Act, 1940 (No.10 of 1940) or any other law, for the time being in force, or in any agreement or usage to the contrary, no Civil Court shall have jurisdiction to entertain or decide any dispute of which cognizance can be taken by the Tribunal under this Act. (1-A) Notwithstanding anything contained in sub-section (1), a Civil Court may entertain and decide any dispute of the nature specified in the said sub-section referred to it by a person in the capacity of indigent person. Explanation.— For the purpose of this sub-section “indigent person” shall have the meaning assigned to it in the Code of Civil Procedure, 1908 (No.5 of 1908). (2) Nothing in sub-section (1) shall apply to any arbitration proceeding either pending before any arbitrator or umpire or before any Court or authority under the provisions of Arbitration Act, or any other law relating to arbitration, and such proceedings may be continued, heard and decided in accordance with agreement or usage or provisions of Arbitration Act or any other law relating to arbitration in all their stages, as it this Act had not come into force.

(1) The Chairman may with the previous approval of the State Government create as many posts of officers and servants as may be necessary, and may appoint officers and servants for administrative or other work of the Tribunal. Provided that appointment to posts other than ministerial posts of Class III and Class IV grades shall not be made by the Chairman without— (i) obtaining previous approval of the State Government; and (ii) following the general instructions issued by the State Government on the subject from time to time. (2) The pay and allowances and other conditions of service of the officers and servants of the Tribunal may be such as may be prescribed and until the rules are made, as may be determined by the Chairman with previous approval of the State Government.

The Chairman, every member, officer and servant appointed under this Act or by virtue to powers conferred by or under this Act shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (No. 45 of 1860).

Save as otherwise provided by this Act, no suit or other legal proceeding shall lie against the State Government, Chairman, member, officer or servant of the Tribunal for anything done in good faith or omitted to be done in good faith or for any loss or damage caused or likely to be caused by anything done or intended to be done as aforesaid in pursuance of this Act.

(1) The Tribunal in relation to any reference or legal proceeding before it shall be deemed to be Civil Court and any reference or legal proceeding before it shall be deemed to be judicial proceeding, for the purposes of any offence affecting administration of justice in so far as it is connected with such reference or legal proceeding. (2) The Tribunal shall have such jurisdiction and may exercise such of the powers under Sections 340, 342, 344, 345, 346, 348, 349 and 350 of the Code of Criminal Procedure, 1973 (No.2 of 1974) as it may in its discretion deem necessary or expedient so to do.

The Chairman may by order in writing and subject to such restrictions and conditions, if any, as he may specify therein, direct that any power relating to— (i) appointment of officers and servants of the Tribunal; (ii) administrative matters of the Tribunal; and (iii) financial powers which may be exercised by the Chairman by or in pursuance of this Act; may also be exercised by Vice-Chairman and/or one or more members or by one or more officers of the Tribunal.

The Tribunal or its Bench and officers may use such seals and bearing such inscription in Hindi and English, as the Chairman may approve.

Subject to such conditions and the previous payment of such fees as the State Government may prescribe in this behalf, the records and documents forming part of such records shall be open to inspection of all parties or their agents or legal practitioners during office hours of the Tribunal and subject, as aforesaid, copies of award, interim award, and other documents as the parties, their agents or legal practitioners may apply, shall be given under certificate of such officer of the Tribunal as the Chairman may by general or special order in that behalf, appoint.

The State Government may, by a notified order direct the Tribunal to— (a) maintain such books, including books of accounts, registers, records and files and for such period, as may be specified in such order; (b) furnish to the State Government such information or statistics with regard to the constitution and the working of the Tribunal, the number of cases instituted, pending and disposed of, or with regard any other connected matter, and in such form and within such time as may be specified in such order.

(1) The State Government may make rules generally for the purposes of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for— (a) salaries, allowances and other perquisites (if any) payable to the Chairman and members under Section 6; (b) form of reference under sub-section (2) of Section 7; (bb) (i) the fees for reference under sub-section (3) of Section 7; (ii) the fee for service or execution of processes and documents or other evidence to be accompanied with a reference under sub-section (4) of Section 7; (bbb) condition subject to which a reference petition may be entertained under sub-section (3) of Section 7-A; (c) form of notice under sub-section (4) of Section 8; (d) the pay, allowances and other conditions of service of the officers and servants of the Tribunal under sub-section (2) of Section 21; (e) the fees for inspection of records and documents and the conditions subject to which such inspection may be made, and the fees for supply of certified copies of documents aforesaid under Section 27; (f) the size and description of seals to be used by the Tribunal, its Benches and by Chairman, members and officers of the Tribunal; (g) the fees payable in connection with reference application and affidavits, vakalatnama, and on documents, applications or for preparation of certified copies of award, interim award, order, opinion, certificate and record of proceedings before the Tribunal or Bench thereof, and the manner of paying such fees; (gg) the fee payable to Advocates under Section 27-A; (h) any other matter that is or that may be prescribed. (3) Every rule made under this Act shall be laid on the table of the Legislative Assembly.

If any difficulty arises in giving effect to the provisions of this Act or any rule or notified order made thereunder, the State Government may, by order in writing which shall not be inconsistent with the provisions of this Act or rules or notified order made thereunder, remove such difficulty : Provided that no such order shall be made after the expiry of two years from the date of coming into force of this Act.

Every regulation under Section 10 and every order under Section 30 shall be laid on the table of the Legislative Assembly and the provisions of Section 24-A of the Madhya Pradesh General Clauses Act, 1957 (No.3 of 1958) shall apply thereto they as apply to rules.