Section 83: Removal of Difficulties

Text of Section 83

The official text of the Arbitration and Conciliation Act, 1996 is available through India Code.

Meaning of Section 83

Section 83 is a transitional "removal of difficulties" provision. It was designed to address practical difficulties that could arise when the Arbitration and Conciliation Act, 1996 was first brought into operation.

The provision did not authorize the Central Government to amend the Act through executive order. Any measure made under Section 83 had to remain consistent with the Act and could only be directed toward removing a difficulty in giving effect to its provisions.

Conditions for Exercise of the Power

Section 83 imposed several express conditions. A difficulty had to arise in giving effect to the Act; the order had to be made by the Central Government; the order had to be published in the Official Gazette; and the provisions made through the order could not be inconsistent with the Arbitration and Conciliation Act, 1996.

Two-Year Time Limit Under Section 83

The proviso to Section 83(1) expressly states that no removal-of-difficulties order could be made after two years from the date of commencement of the Act.

India Code records the enforcement date of the Arbitration and Conciliation Act, 1996 as 22 August 1996. Accordingly, the statutory window for making a new order under Section 83 expired two years after commencement.

This means that Section 83 remains part of the text of the Act, but the special power to issue a new removal-of-difficulties order under that provision is no longer available.

Requirement to Lay Orders Before Parliament

Section 83(2) requires every order made under the section to be laid before each House of Parliament as soon as may be after it is made. This requirement provided parliamentary visibility over the exercise of the temporary executive power granted by Section 83.

Section 83 and Other Rule-Making Provisions

Section 83 should be distinguished from Sections 82 and 84. Section 82 concerns the High Court's power to make rules for proceedings before the Court under the Act, while Section 84 authorizes the Central Government to make rules for carrying out the provisions of the Act.

Section 83 was narrower and temporary. Its function was specifically to remove implementation difficulties during the initial period after commencement of the 1996 Act.

Current Legal Position

The current official India Code version continues to reproduce Section 83 in Part IV under "Supplementary Provisions." However, because the section itself imposed a two-year limit from commencement, its order-making power is historically spent.

For current arbitration proceedings, parties should ordinarily focus on the operative substantive and procedural provisions of the Act, the applicable rules, and current notifications rather than treating Section 83 as a continuing source of executive power.