Arbitration and Conciliation Act Section 11A — Power of Central Government to amend Fourth Schedule

CHAPTER III — Composition of arbitral tribunal

Civil

Summary

Sub-section (1) allows the Central Government to amend the Fourth Schedule of the Act by publishing a notification in the Official Gazette, if it considers such an amendment necessary or expedient. Once this notification is issued, the Fourth Schedule is treated as having been amended accordingly.

Sub-section (2) requires that a draft of every proposed notification under sub-section (1) be placed before both Houses of Parliament while they are in session. The draft must remain before Parliament for a total period of thirty days, which may be spread across one session or multiple successive sessions. If, before the expiry of the session immediately following the session or successive sessions in which the draft was laid, both Houses agree to disapprove the notification, it shall not be issued. If both Houses agree to modify the notification, it shall be issued only in the modified form that both Houses have agreed upon.

Official Text

(1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification in the Official Gazette, amend the Fourth Schedule and thereupon the Fourth Schedule shall be deemed to have been amended accordingly.

(2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft 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, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by the both Houses of Parliament.]