Sri Lanka Consolidated Acts

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Co-operative Societies (Special Provisions) Act (No. 34 of 1970) - Sect 3

Special provisions relating to arbitrators

3.
(1) Subject to the provisions of sub-section (3), every arbitrator appointed by the Registrar under the principal enactment, whether before or on or after the appointed date, shall be deemed to have been, and to be, validly appointed, and accordingly
(a) any relevant reference made to any suet arbitrator under that enactment, whether before or on or after the appointed date;
(b) any relevant proceedings taken on such reference, whether before or on or after the appointed date; or
(c) any relevant act or thing done by any such arbitrator under that enactment on such reference, whether before or on or after the appointed date,
(2) Nothing in the provisions of sub-section (1) shall be deemed or construed to validate any relevant act or thing done by, or any relevant proceedings held or taken by or before, any arbitrator in the matter of any relevant reference made to him, or in any other circumstances whatsoever, if, but only if, such act or thing, or such proceedings, was or were subsequently held by any court of competent jurisdiction to be invalid on the ground that not having been validly appointed under the principal enactment, such arbitrator had no jurisdiction to do such act or thing, or to hold or take such proceedings:
(3) "Where any relevant act or thing done by, and any relevant proceedings held or taken by or before, any arbitrator prior to the appointed date in the matter of any relevant reference is not validated by sub-section (1) by virtue of the operation of subsection (2), then, such reference shall be deemed to be a relevant reference made de novo to the arbitrator on that date, and accordingly any relevant act or thing may be done by, and any relevant proceedings may be held or taken by or before, any arbitrator de novo under the provisions of the principal enactment as modified by this Act in the matter of such reference.


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