Administration and Governance of the Centre

Sections 18, 19, 20, 21, 22 and 23 of the India International Arbitration Centre Act, 2019

Sections 18 to 23 govern removal of Members, constitution of Committees, meetings of the Centre, the office and functions of the Chief Executive Officer, delegation of powers, and the composition and staffing of the Secretariat.

Act: Act No. 17 of 2019 Amended by: Act No. 23 of 2022 Current statutory name: India International Arbitration Centre

Section 18 - Removal of Members

(1) The Central Government may remove a Member from office if the Member:

  1. is an undischarged insolvent;
  2. has, except in the case of a Part-time Member, engaged in paid employment during the term of office;
  3. has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;
  4. has acquired a financial or other interest likely to prejudicially affect the Member's functions;
  5. has abused the position so as to render continuance in office prejudicial to the public interest; or
  6. has become physically or mentally incapable of acting as a Member.

(2) A Member cannot be removed on the grounds stated in clauses (d) and (e) unless the Supreme Court, on a reference made by the Central Government and after an inquiry in accordance with the procedure prescribed by the Supreme Court, reports that the Member ought to be removed on such ground or grounds.

Meaning of Section 18

Section 18 specifies the statutory grounds on which a Member may be removed. For allegations involving prejudicial financial interests or abuse of position, removal is protected by an additional safeguard: a Supreme Court inquiry and report are required before removal.

Section 19 - Committees of Centre

(1) The Centre may constitute such Committees as it considers necessary to administer various aspects of its functions.

(2) The composition and functions of such Committees shall be as may be prescribed.

(3) A Committee shall meet at such times and places and observe such rules of procedure, including quorum requirements, as may be specified by regulations.

Meaning of Section 19

Section 19 enables the Centre to distribute specialised work through Committees. Their composition and functions are governed by prescribed rules, while meeting procedure and quorum may be specified by regulations.

Section 20 - Meetings of Centre

(1) The Chairperson ordinarily presides over meetings of the Centre. In the Chairperson's absence, the Members present choose one among themselves to preside.

(2) It is the duty of the Chairperson to ensure that decisions taken by the Centre are implemented.

(3) The Chairperson shall exercise such other powers and perform such other duties as are assigned under the Act.

(4) The Centre shall meet at least four times every year and follow the meeting procedure, including quorum, specified by regulations.

(5)(a) Questions before a meeting are decided by a majority of Members present and voting. In case of equality of votes, the Chairperson, or the person presiding in the Chairperson's absence, has a casting vote.

(5)(b) Matters are to be dealt with as expeditiously as possible, and the Centre shall dispose of an application within sixty days from the date of receipt. If disposal within sixty days is not possible, reasons must be recorded in writing.

(6) The Chairperson may invite an expert who is not a Member to attend a meeting, but the invitee has no voting right.

Meaning of Section 20

Section 20 establishes the Centre's basic decision-making framework. It regulates chairing of meetings, voting, frequency of meetings, time-bound disposal of applications, implementation of decisions and participation of invited experts.

Section 21 - Chief Executive Officer

(1) The Centre shall have a Chief Executive Officer responsible for day-to-day administration and for maintaining liaison with the Centre and the Secretariat.

(2) The appointment, qualifications and terms and conditions of service of the Chief Executive Officer shall be specified by regulations.

(3) The Chief Executive Officer exercises such powers and discharges such functions as may be specified by regulations or delegated by the Centre.

Meaning of Section 21

Section 21 creates the executive administrative office of the Centre. It separates day-to-day management from the broader statutory governance functions of the Chairperson and Members.

Section 22 - Delegation of powers

For discharge of its powers, functions and duties, the Centre may by general or special written order specify which powers and duties conferred or imposed on it by or under the Act may also be exercised or performed by the Chief Executive Officer or other officer or officers of the Centre, together with any conditions and restrictions.

The power to make regulations is expressly excluded from delegation.

Meaning of Section 22

Section 22 permits administrative delegation so that statutory functions can be performed efficiently, but preserves the Centre's regulation-making power as a non-delegable function.

Section 23 - Secretariat

(1) There shall be a Secretariat to the Centre consisting of:

  1. a Registrar, who shall supervise the activities of the Centre;
  2. Counsel dealing with matters relating to domestic and international arbitration; and
  3. such number of other officers and employees as may be prescribed.

(2) The qualifications, experience, method of selection and functions of the Registrar, Counsel and other officers and employees shall be as may be prescribed.

Meaning of Section 23

Section 23 establishes the Centre's supporting Secretariat and identifies its principal statutory roles. It leaves detailed staffing qualifications, selection methods and functions to prescribed rules.

Sections 19 to 23 together form the operational governance framework of the Centre: Committees support specialised functions, meetings provide institutional decision-making, the Chief Executive Officer manages day-to-day administration, powers may be delegated subject to statutory limits, and the Secretariat provides continuing administrative support.

Official legal sources

For the current Act and subordinate legal materials, refer to the India International Arbitration Centre statutes page and the Department of Legal Affairs page on the Act and amendment materials.