Arbitration and Conciliation Act Section 43C — Composition of Council
CHAPTER X — Miscellaneous
Civil
Summary
Sub-section (1) lists the members that make up the Council. Under clause (a), the Chairperson is a person who has been a Judge of the Supreme Court, a Chief Justice of a High Court, a Judge of a High Court, or an eminent person with special knowledge and experience in conducting or administering arbitration. This person is appointed by the Central Government in consultation with the Chief Justice of India.
Under clause (b), there is one Member who is an eminent arbitration practitioner with substantial knowledge and experience in institutional arbitration, both domestic and international. This Member is nominated by the Central Government.
Under clause (c), there is one Member who is an eminent academician with experience in research and teaching in the field of arbitration and alternative dispute resolution laws. This Member is appointed by the Central Government in consultation with the Chairperson.
Under clause (d), the Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice, or their representative who is not below the rank of Joint Secretary, serves as an ex officio Member.
Under clause (e), the Secretary to the Government of India in the Department of Expenditure, Ministry of Finance, or their representative who is not below the rank of Joint Secretary, serves as an ex officio Member.
Under clause (f), there is one representative of a recognised body of commerce and industry, chosen on a rotational basis by the Central Government, who serves as a Part-time Member.
Under clause (g), the Chief Executive Officer serves as the Member-Secretary, ex officio.
Sub-section (2) states that the Chairperson and Members of the Council, other than ex officio Members, hold office for a term of three years from the date they enter upon their office. However, no Chairperson or Member, other than an ex officio Member, can hold office after reaching the age of seventy years in the case of the Chairperson, and sixty-seven years in the case of a Member.
Sub-section (3) provides that the salaries, allowances, and other terms and conditions of the Chairperson and the Members referred to in clauses (b) and (c) of sub-section (1) shall be as prescribed by the Central Government.
Sub-section (4) states that the Part-time Member is entitled to such travelling and other allowances as may be prescribed by the Central Government.
Official Text
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(1) The Council shall consist of the following Members, namely:––
(a) a person, who has been, a Judge of the Supreme Court or, Chief Justice of a High Court or, a Judge of a High Court or an eminent person, having special knowledge and experience in the conduct or administration of arbitration, to be appointed by the Central Government in consultation with the Chief Justice of India–Chairperson;
(b) an eminent arbitration practitioner having substantial knowledge and experience in institutional arbitration, both domestic and international, to be nominated by the Central Government–Member;
(c) an eminent academician having experience in research and teaching in the field of arbitration and alternative dispute resolution laws, to be appointed by the Central Government in consultation with the Chairperson–Member;
(d) Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice or his representative not below the rank of Joint Secretary–Member, ex officio;
(e) Secretary to the Government of India in the Department of Expenditure, Ministry of Finance or his representative not below the rank of Joint Secretary– Member, ex officio;
(f) one representative of a recognised body of commerce and industry, chosen on rotational basis by the Central Government–Part-time Member; and
(g) Chief Executive Officer-Member-Secretary, ex officio.
(2) The Chairperson and Members of the Council, other than ex officio Members, shall hold office as such, for a term of three years from the date on which they enter upon their office:
Provided that no Chairperson or Member, other than ex officio Member, shall hold office as such after he has attained the age of seventy years in the case of Chairperson and sixty-seven years in the case of Member.
(3) The salaries, allowances and other terms and conditions of the Chairperson and Members referred to in clauses
(b) and
(c) of sub-section (1) shall be such as may be prescribed by the Central Government.
(4) The Part-time Member shall be entitled to such travelling and other allowances as may be prescribed by the Central Government.