7. On and from the specified date, so much of the undertakings of the Society as form
part of, or are relatable to the Society, and the right, title and interest of the Society in relation
to such undertakings, shall, by virtue of this Act, stand transferred to, and vest in, the
Central Government.
8. (1) The undertakings vested under section 7 shall be deemed to include all assets,
rights, leaseholds, powers, authorities and privileges, and all property (movable and
immovable), including lands, buildings, works, projects, instruments, automobiles and other
vehicles, cash balances, funds, including reserve funds, investments and book debts of the
Society as form part of, or are relatable to, the Society and all other rights and interest arising
out of such properties as were immediately before the commencement of the New Delhi
International Arbitration Centre Ordinance, 2019 in the ownership, possession, power or
control of the Society, and all books of account, registers and all other documents of whatever
nature relating thereto.
(2) All properties and assets as aforesaid which have vested in the Central Government
under section 7 shall, by force of such vesting, be freed and discharged from any trust,
obligation, mortgage, charge, lien and all other encumbrances affecting them or of any
attachment, injunction, decree or order of any court or other authority restricting the use of
such properties or assets in any manner or appointing any receiver in respect of the whole
or any part of such properties or assets shall be deemed to have been withdrawn.
(3) Any licence or other instrument granted to the Society in relation to any undertaking
which has vested in the Central Government under section 7 at any time before the specified
date and in force immediately before the specified date, shall continue to be in force on and
after such day in accordance with its tenor in relation to and for the purpose of such
undertaking or where the undertaking is directed under section 10, to vest in the Centre, the
Centre shall be deemed to be substituted in such licence or other instrument as if such
licence or other instrument had been granted to the Centre and the Centre shall hold it for the
remainder of the period which the Society would have held it under the terms thereof.
(4) If, on the specified date, any suit, appeal or other proceeding, of whatever nature,
in relation to any property or asset which has vested in the Central Government under
section 7, instituted or preferred by or against the Society is pending, the same shall not
abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of
the undertaking of the Society of anything contained in this Act, but the suit, appeal or other
proceeding may be continued, prosecuted or enforced by or against the Central Government
or where the undertakings of the Society are directed under section 10, to vest in the Centre,
by or against the Centre.
9. Every liability in relation to any undertaking in respect of any period prior to the
specified date, shall be enforceable against the Society and not against the Central
Government.
10. (1) Notwithstanding anything contained in sections 7 and 8, the Central Government
shall, as soon as may be after the specified date, direct by notification, that the undertakings
and the right, title and interest of the Society in relation to such undertakings which had
vested in the Central Government under section 7, shall, vest in the Centre either on the date
of publication of the notification or on such earlier or later date as may be specified in the
notification.
Transfer and
vesting.
General effect
of vesting.
Ord. 10 of
2019.
Liability prior
to specified
date.
Power of
Central
Government
to direct
vesting of
undertaking in
Centre.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(2) Where the right, title and interest of the Society in relation to the undertakings
vest, under sub-section (1), in the Centre, the Centre shall, on and from the date of such
vesting, be deemed to have become the owner in relation to such undertakings and the
rights and liabilities of the Central Government in relation to such undertakings shall, on and
from the date of such vesting, be deemed to have become, the rights and liabilities,
respectively, of the Centre.
11. (1) The general superintendence, direction, control and management of affairs of
the undertakings, the right, the interest in relation to which have vested in the Central
Government under section 7, shall––
(a) where a direction has been made by the Central Government under
sub-section (1) of section 10, vest in the Centre; or
(b) where no such direction has been made by the Central Government, vest in
the Custodian appointed by the Central Government under sub-section (2),
and, thereupon, the Centre or the Custodian so appointed, as the case may be, shall be
entitled to exercise all such powers and do all such things as the Society, is authorised to
exercise and do in relation to its undertakings.
(2) The Central Government may appoint any person as the Custodian of the
undertakings in relation to which no direction has been made by it under sub-section (1) of
section 10.
(3) The Custodian so appointed shall receive such remuneration as the Central
Government may fix and shall hold office during the pleasure of the Central Government.
12. (1) On the vesting of the management of the undertakings in the Centre or on the
appointment of a Custodian under sub-section (2) of section 11, all persons in charge of
management of the undertakings immediately before such vesting or appointment shall be
bound to deliver to the Centre or Custodian, as the case may be, all assets, books of account,
registers and other documents in their custody relating to the undertakings.
(2) The Central Government may issue such directions as it may deem desirable in the
circumstances of the case to the Custodian as to the powers and duties of the Custodian and
such Custodian may also, if it is considered necessary so to do, apply to the Central Government
at any time for instructions as to the manner in which the management of the undertaking
shall be conducted or in relation to any other matter arising in the course of such management.
(3) Any person who on the specified date, has in his possession or under his control,
any books, documents or other papers relating to the undertakings shall be liable to account
for the said books, documents or other papers to the Central Government or the Custodian
or the Centre, as the case may be, and shall deliver them to the Central Government or the
Custodian or the Centre or to such person or body of persons as the Central Government or
the Centre may specify in this behalf.
(4) The Central Government or the Centre may take or cause to be taken, all necessary
steps for securing possession of all undertakings which have vested in the Central
Government or the Centre under this Act.
(5) The Society shall, within such period as the Central Government may allow in this
behalf, furnish to that Government a complete inventory of all its properties and assets, as
on the commencement of the New Delhi International Arbitration Centre Ordinance, 2019
pertaining to the undertaking and for this purpose, the Central Government or Custodian or
the Centre shall afford to the Society, or body all reasonable facilities.
13. The Central Government or the Custodian or the Centre shall be entitled to receive
up to the specified date, to the exclusion of all other persons, any money due to the Society
in relation to its undertakings which have vested in the Central Government or Custodian or
the Centre, as the case may be, and realised after the commencement of the New Delhi
Management,
etc., of
undertakings.
Duties of
persons in
charge of
management
of
undertakings
to deliver all
assets.
Ord. 10 of
2019.
Certain
powers of
Central
Government
or Centre.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
International Arbitration Centre Ordinance, 2019, notwithstanding that the realisation pertains
to a period prior to the commencement of the New Delhi International Arbitration Centre
Ordinance, 2019.
14. The objects of the Centre shall be,––
(a) to bring targeted reforms to develop itself as a flagship institution for
conducting international and domestic arbitration;
(b) to promote research and study, providing teaching and training, and
organising conferences and seminars in arbitration, conciliation, mediation and other
alternative dispute resolution matters;
(c) to provide facilities and administrative assistance for conciliation, mediation
and arbitral proceedings;
(d) to maintain panels of accredited arbitrators, conciliators and mediators both
at national and international level or specialists such as surveyors and investigators;
(e) to collaborate with other national and international institutions and
organisations for ensuring credibility of the Centre as a specialised institution in
arbitration and conciliation;
(f) to set up facilities in India and abroad to promote the activities of the Centre;
(g) to lay down parameters for different modes of alternative dispute resolution
mechanisms being adopted by the Centre; and
(h) such other objectives as it may deem fit with the approval of the Central
Government.
15. Without prejudice to the provisions contained in section 14, the Centre shall
strive,––
(a) to facilitate for conducting international and domestic arbitration and
conciliation in the most professional manner;
(b) to provide cost effective and timely services for the conduct of arbitration
and conciliation at national and international level;
(c) to promote studies in the field of alternative dispute resolution and related
matters, and to promote reforms in the system of settlement of disputes;
(d) to undertake teaching and to provide for diffusion of knowledge of law and
procedures on alternative dispute resolution and related matters and to award certificates
and other academic or professional distinction;
(e) to impart training in alternative dispute resolution and related matters to
those who are handling arbitration, conciliation and mediation;
(f) to co-operate with other societies, institutions and organisations, national or
international for promoting alternative dispute resolution; and
(g) to perform such other functions as may be entrusted to it by the Central
Government for promoting alternative dispute resolution.
16. No act or proceedings of the Centre shall be invalid merely by reason of,––
(a) any vacancy or any defect in the constitution of the Centre; or
(b) any defect in the appointment of a person acting as a Member of the Centre; or
(c) any irregularity in the procedure of the Centre not affecting the merits of the
case.
Ord. 10 of
2019.
Objects of
Centre.
Functions of
Centre.
Vacancies,
etc., not to
invalidate
proceedings of
Centre.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
17. The Chairperson or the Full-time Member or Part-time Member may, by notice in
writing, under his hand addressed to the Central Government, resign his office:
Provided that the Chairperson or the Full-time Member shall, unless he is permitted by
the Central Government to relinquish his office sooner, continue to hold office until the
expiry of three months from the date of receipt of such notice or until a person duly appointed
as his successor enters upon his office or until the expiry of his term of office, whichever is
the earlier.
18. (1) The Central Government may, remove a Member from his office if he,––
(a) is an undischarged insolvent; or
(b) has engaged at any time (except Part-time Member), during his term of office,
in any paid employment; or
(c) has been convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude; or
(d) has acquired such financial or other interest as is likely to affect prejudicially
his functions as a Member; or
(e) has so abused his position as to render his continuance in office prejudicial
to the public interest; or
(f) has become physically or mentally incapable of acting as a Member.
(2) Notwithstanding anything contained in sub-section (1), no Member shall be
removed from his office on the grounds specified in clauses (d) and (e) of that sub-section
unless the Supreme Court, on a reference being made to it in this behalf by the Central
Government, has, on an inquiry, held by it in accordance with such procedure as may be
prescribed in this behalf by the Supreme Court, reported that the Member, ought on such
ground or grounds to be removed.
19. (1) The Centre may constitute such Committees as may be considered necessary
to administer various aspects of its functions.
(2) The composition and functions of the Committees referred to in sub-section (1)
shall be such as may be prescribed.
(3) The Committee shall meet at such time and at such places and shall observe such
rules of procedure in regard to the transaction of business at its meetings including the
quorum as may be specified by the regulations.
20. (1) The Chairperson shall ordinarily preside at the meetings of the Centre:
Provided that, in his absence, the Member chosen by the other Members present
amongst themselves shall preside at the meetings.
(2) It shall be the duty of the Chairperson to ensure that the decisions taken by the
Centre are implemented.
(3) The Chairperson shall exercise such other powers and perform such other duties
as are assigned to him under this Act.
(4) The Centre shall meet at least four times a year and follow such procedure in its
meetings including quorum at such meetings in such manner as may be specified by the
regulations.
(5) All questions which come up before any meeting of the Centre shall be––
(a) decided by a majority of votes by the Members present and voting, and in
the event of an equality of votes, the Chairperson or in his absence, the person
presiding, shall have a casting vote;
Resignation of
Members.
Removal of
Members.
Committees of
Centre.
Meetings of
Centre.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) dealt with as expeditiously as possible and the Centre shall dispose of the
same within a period of sixty days from the date of receipt of the application:
Provided that where any such application could not be disposed of within the
said period of sixty days, the Centre shall record its reasons in writing for not disposing
of the application within that period.
(6) The Chairperson may invite any expert, not being a Member, to attend the meetings
of the Centre, but such invitee shall not be entitled to vote at the meeting.
21. (1) There shall be a Chief Executive Officer of the Centre who shall be responsible
for day-to-day administration of the Centre and for this purpose, he shall maintain liaison
with the Centre and the Secretariat.
(2) The appointment, qualifications and the terms and conditions of services of the
Chief Executive Officer shall be such as may be specified by the regulations.
(3) The Chief Executive Officer shall exercise such powers and discharge such functions
as may be specified by the regulations or as may be delegated to him by the Centre.
22. The Centre may, for the purpose of discharging of its powers, functions and
duties, by general or special order in writing, specify the powers and duties conferred or
imposed upon the Centre by or under this Act (except the power to make regulation) which
may also be exercised or performed by the Chief Executive Officer or any officer or officers of
the Centre and the conditions and restrictions, if any, subject to which the powers and
duties may be exercised and performed.
23. (1) There shall be a Secretariat to the Centre consisting of––
(a) Registrar, who shall supervise the activities of the Centre;
(b) Counsel, dealing with the matters relating to domestic and international
arbitration; and
(c) such number of other officers and employees as may be prescribed.
(2) The qualifications, experience, method of selection and the functions of the Registrar,
Counsel and other officers and employees shall be such as may be prescribed.