Chapter VI - Miscellaneous

Sections 30, 31, 32, 33, 34 and 35 of the India International Arbitration Centre Act, 2019

Sections 30 to 35 contain the Act's rule-making and regulation-making powers, Parliamentary control over subordinate legislation, protection for good-faith action, power to remove implementation difficulties, and repeal and savings provisions relating to the 2019 Ordinance.

Act: Act No. 17 of 2019 Amended by: Act No. 23 of 2022 Chapter: VI - Miscellaneous

Section 30 - Power to make rules

(1) The Central Government may, by notification, make rules to carry out the provisions of the Act.

(2) In particular, such rules may provide for:

  1. the terms and conditions and salaries and allowances payable to the Chairperson and Full-time Members under Section 6(2);
  2. travelling and other allowances payable to Part-time Members under Section 6(4);
  3. the composition and functions of Committees referred to in Section 19(2);
  4. the number of officers and employees of the Secretariat under Section 23(1)(c);
  5. the qualifications, experience, method of selection and functions of the Registrar, Counsel and other officers and employees under Section 23(2);
  6. the annual statement of accounts, including the balance sheet, under Section 26(1); and
  7. any other matter for which provision is to be made or may be made under the Act.

Meaning of Section 30

Section 30 gives the Central Government the principal rule-making power under the Act. These rules deal mainly with service conditions, Committee structure, Secretariat staffing, qualifications and financial reporting matters that require detailed implementation beyond the text of the Act.

Section 31 - Power to make regulations

(1) The Centre may, with the previous approval of the Central Government, by notification make regulations consistent with the Act and the rules made under it for matters necessary or expedient to give effect to the purposes of the Act.

(2) In particular, such regulations may provide for:

  1. the manner of conducting arbitration and other forms of alternative dispute resolution mechanism under Section 15(a);
  2. the time and place and rules of procedure for transaction of business of Committees at meetings, including quorum under Section 19(3);
  3. the time and place and rules of procedure for transaction of business of the Centre or any Committee, including quorum under Section 20(4);
  4. the appointment, qualifications and terms and conditions of service of the Chief Executive Officer under Section 21(2);
  5. the powers and functions of the Chief Executive Officer under Section 21(3);
  6. the criteria for admission to the panel of reputed arbitrators under Section 28(3); and
  7. any other matter considered necessary by the Centre for performance of its functions under the Act.

2022 amendment to Section 31(2)

Act No. 23 of 2022 substituted the former clause (a) structure and inserted the present clause dealing with the manner of conducting arbitration and other forms of alternative dispute resolution under Section 15(a). The pre-existing Committee procedure provision continues as the next clause in the amended structure.

Section 32 - Laying of rules and regulations

Every rule and regulation made under the Act shall be laid, 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.

If, before expiry of the immediately following session or successive sessions, both Houses agree to modify the rule or regulation or agree that it should not be made, it shall thereafter have effect only in the modified form or cease to have effect, as the case may be.

Any modification or annulment does not prejudice the validity of anything previously done under the rule or regulation.

Meaning of Section 32

Section 32 subjects subordinate legislation under the Act to Parliamentary scrutiny. Rules and regulations remain reviewable by both Houses, which may modify or annul them while protecting actions already validly taken before such modification or annulment.

Section 33 - Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against the Centre, the Chairperson or Members, its employees or arbitrators for anything done or intended to be done in good faith under the Act or the rules or regulations made under it.

Meaning of Section 33

Section 33 provides a statutory good-faith protection for specified persons acting under the Act. The protection is tied to acts done or intended to be done in good faith and does not operate as a blanket immunity for conduct outside that condition.

Section 34 - Power to remove difficulty

(1) If a difficulty arises in giving effect to the Act, the Central Government may, by order published in the Official Gazette, make provisions not inconsistent with the Act that appear necessary for removing the difficulty.

Current time limit: No such order may be made after expiry of five years from the date of commencement of the Act.

(2) Every order made under Section 34 shall be laid, as soon as may be after it is made, before each House of Parliament.

2022 amendment to Section 34

The original text allowed removal-of-difficulty orders only within two years from commencement. Act No. 23 of 2022 substituted "five years" for "two years", effective from 27 January 2023.

Section 35 - Repeal and savings

(1) The New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019) is repealed.

(2) Notwithstanding the repeal, anything done or any action taken under that Ordinance is deemed to have been done or taken under the provisions of the Act.

Meaning of Section 35

Section 35 formally repeals the 2019 Ordinance that preceded the Act, but preserves legal continuity by deeming actions taken under the Ordinance to have been taken under the Act.

The historical title "New Delhi International Arbitration Centre Ordinance, 2019" is retained because Section 35 refers to that Ordinance by its formal legislative title, even though the current statutory institution is named the India International Arbitration Centre.

Official legal sources

The current consolidated Act can be checked on India Code. The Department of Legal Affairs publishes the 2019 Act, 2022 Amendment Act and related materials. The Centre also publishes statutes, rules, regulations and notifications.