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The ARBITRATION (EXTENSION TO NAGALAND, ACT 1978)

Nagaland · state statute
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THE ARBITRATION (EXTENSION TO 
NAGALAND, ACT 1978) 
(NAGALAND ACT. NO. 9 OF 1978) 
 
(Received the assent of the President of India on the 
 
23rd Sept. 1978) 
 
An 
 
Act. 
 
To provide for the extension of the Arbitration Act, 1944) (10 of  1940) to the State of 
Nagaland. 
It is hereby enacted in the Twenty-ninth year of the Republic of  India as follows: 
 
Short title Act no. 9 of 1978 
1. (1) This Act may be called The Arbitration (Extension to Nagaland) Act, 1978. 
     (2) It shall come into force at once. Extension of Act 10 of 1940 to Nagaland 
 
2. The Arbitration Act, 1940 is hereby extended and shall be in force in the State of 
Nagaland. 
 
Extension to have retrospective effect 
3.   (1)  The extension of the Principal Act, by section 2 of this Act, shall have  
 retrospective qperation and it shall apply to all agreements providing 
for arbitration and more particularly in respect of : — 
(i) any award given by any arbitrator or person acting as an arbitrator before 
the commencement of this Act, as if such an award was given in accordance with 
the provisions of the Principal Act. 
 
  (ii)any proceeding pending in any court, including the High Court, arising out of 
any award given under any agreement before the commencement of this Act, 
 (iii)any petition decided by the High Court before the commencement of this Act 
and the period of limitation for preferring an appeal to the Supreme Court against 
such decision has not expired and no appeal has been filed before the Supreme Court; 
or  
      (iv) any arbitration proceedings, pending before any arbitrator or person acting as       
such, by any order of the appropriate court. 
 
  (2) Notwithstanding anything to the contrary, any award given by any arbitrator 
or any person or any proceeding .commeiiced, under any agreement providing for 
arbitration shall be deemed to have been given or commenced, under the provisions 
of the Principal Act, as if at the relevent time, when the award was given or 
proceeding was commenced, the Principal Act was in force in the State of Nagaland, 
and it shall be lawful for any court to pass any decree in accordance with any such 
award. And if any court had refused to entertain any award so given, before the 
commencement of this Act, it shall he lawful for any of the parties interested to apply 
to the appropriate Court within one month of the coining into force of this Act, for 
disposal of the award in accordance with the provisions of the Principal Act. 

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