*Arbitration (Orissa Third Amendment) Act, 1991**
| [Orissa Act No. 20 of 1992] | [27th April, 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 in the Forty-second Year of the Republic of India as follows:-
* For the Bill, see Orissa Gazette, Extraordinary, dated the 17th December, 1991 (No. 1517).
** [Received the assent of the President on the 27th April, 1992, first published in an extraordinary issue of the Orissa Gazette, dated the 2nd May, 1992]
1. Short title.- This Act may be called the Arbitration (Orissa Third Amendment) Act, 1991.
2. Amendment of Section 13.- In the Arbitration Act, 1940 (10 of 1940) (hereinafter referred to as the principal Act), section 13 shall be renumbered as sub-section (1) thereof and, after sub-section (1) as be renumbered, the following sub-section shall be and shall be deemed always to have been inserted and in force till the 25th day of March, 1983, namely:-
"(2) No arbitrator or umpire shall pass a non-speaking award in relation to any dispute of the nature specified in sub-section (1) of section 41-A, if the amount of such award is more than double the amount agreed to by the parties in the contract out of which such dispute has arisen."
3. Application and effect.- Notwithstanding anything to the contrary in the principal Act, or in any contract, or in any award made by any arbitrator or umpire 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 of the nature specified therein in respect of which award has been made by an arbitrator or umpire, whether such award has been, or is pending to be, made the rule of the Court under section 17 of the principal Act;
(ii) any reference made to an arbitrator or umpire in respect of a dispute in relation to which a non-speaking award has been passed inconsistently with the provision of sub-section (2) of section 13 of the principal Act as inserted by section 2 of this Act, whether such award has been, or is pending to be, made the rule of the Court, shall be deemed to be invalid; and
(iii) in the case of every such dispute, the reference in respect of which is so deemed to be invalid under clause (ii), a fresh reference to arbitration, shall be made to the Arbitration Tribunal within ninety days from the date of publication of the Arbitration (Orissa Third Amendment) Act, 1991 in the Official Gazette.