*Arbitration (Orissa Second Amendment) Act, 1991**
| [Orissa Act No. 3 of 1992] | [22nd January, 1992] |
An Act to amend the Arbitration Act, 1940 in its Application to the State of Orissa
Be it enacted by the Legislature of the State of Orissa is the Forty-second Year of the Republic of India as follows:-
Declared partly unconstitutional in G.C. Kanungo v. State of Orissa, (1995) 5 SCC 96
.* For the Bill, see Orissa Gazette, Extraordinary, dated the 16th December, 1991 (No. 1510).
** [Received the assent of the President on the 22nd January, 1992, first published in an extraordinary issue of the Orissa Gazette, dated the 23rd January, 1992]
1. Short title and commencement.- (1) This Act may be called the Arbitration (Orissa Second Amendment) Act, 1991.
(2) It shall be deemed to have come into force on the 24th day of September, 1991.
Declared partly unconstitutional in G.C. Kanungo v. State of Orissa, (1995) 5 SCC 96
.2. Amendment of Section 41-A.- In the Arbitration Act, 1940 (10 of 1940) in its application to the State of Orissa (hereinafter referred, to as the principal Act), in section 41-A, after sub-section (1), the following sub-section shall be deemed to have been inserted with effect from the 26th day of March, 1983 and in force during the period between the said date and the 24th day of January, 1990 (both the days inclusive), namely:-
"(1-a) No reference to arbitration of any dispute specified in sub-section (1) involving a claim of rupees one crore or above shall be made under the said sub-section to a Special Arbitration Tribunal, unless the amount agreed to by the parties in the contract out of which such dispute has arisen is more than half the amount of such claim.".
Declared partly unconstitutional in G.C. Kanungo v. State of Orissa, (1995) 5 SCC 96
.3. Application and consequences of amendment.- Notwithstanding anything to the contrary in the principal Act, or in any award made by Special Arbitration Tribunal in relation to any dispute, or in any judgment, decree or order passed by any Court in relation to any such dispute or award,-
(i) the amendment made by section 2 shall apply to and in relation to every dispute in respect of which award has been made by Special Arbitration Tribunal, whether such award has been, or impending to be, made the rule of the Court under section 17 of the principal Act;
(ii) any reference made to Special Arbitration Tribunal in respect of a dispute referred to in clause (1) inconsistently with the provision of sub-section (1-a) of section 1-A of the principal Act as inserted by section 2 of this Act shall be deemed to be invalid as if the said sub-section (1-a) of section 41-A was in force at the time when such reference was made; and
(iii) in the case of every dispute, the reference in respect of which is be deemed to be invalid under clause (ii), a fresh reference to arbitration shall be made to the Arbitration Tribunal within ninety days from the dele of publication of the Arbitration (Orissa Amendment) Ordinance, 1991 (Orissa Ordinance No. 7 of 1991) in the official Gazette.
Explanation-For the purposes of this section, the expression "Special Arbitration Tribunal" shall mean a Special Arbitration Tribunal constituted other sub-section (1) of section 41-A of the principal Act as it stood prior to the 25th day of January, 1990.
Declared partly unconstitutional in G.C. Kanungo v. State of Orissa, (1995) 5 SCC 96
.4. Repeal and savings.- (1) The Arbitration (Orissa Amendment) Ordinance, 1991 (Orissa Ordinance No. 7 of 1991) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.
Declared partly unconstitutional in G.C. Kanungo v. State of Orissa, (1995) 5 SCC 96
.