SUPPLEMENT NO. 1, MARCH 12, 1948.
(3) If there are existing in any trade or industry arrange- ments for settlement by conciliation or arbitration of disputes in such trade or industry, or any branch thereof, made in pursuance of an agreement between organisations of employers and organisa- tions of workmen representative respectively of substantial proportions of the employers and workmen engaged in that trade or industry, the Governor shall not, unless and until there has been a failure to obtain a settlement by means of those arrange- ments, refer the matter for settlement in accordance with the foregoing provisions of this section. Chapter XXIV of the Code of Civil Procedure (which provides for reference to arbitration) shall not apply to any proceedings of an Arbitration Tribunal under this Ordinance or to any award issued by it.
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Tribunal.
36. (1) Whenever the Tribunal consists of an arbitrator, Vacancies assisted by assessors and any vacancy occurs in the number of on the assessors the Tribunal may in the discretion of the arbitrator either act notwithstanding such vacancy or consent to another assessor being nominated and appointed to fill such vacancy.
(2) No act, proceeding or determination of the Tribunal shall be called in question or invalidated by reason of any such
vacancy.
37. Any award of an Arbitration Tribunal shall be submitted Publication to the Governor who shall as soon as possible thereafter cause the of award. same to be published in such manner as he thinks fit.
38. If any question arises as to the interpretation of any Interpreta- award of an Arbitration Tribunal, the Governor or any party to tion of the the award may apply to the Tribunal for a decision on such award. question, and the Tribunal shall decide the matter after hearing the parties or without such hearing provided the consent of the parties has been first obtained. The decision of the Tribunal shall be notified to the parties and shall be deemed to form part of and shall have the same effect in all respects as the original award.
39. For the purpose of dealing with any matter referred to Evidence. it an Arbitration Tribunal shall have full power by order enforce- able in like manner as an order of the Supreme Court to require any person to furnish, in writing or otherwise, such particulars in relation to such matters as the Tribunal may require, and where necessary to attend before the Tribunal and give evidence on oath or otherwise, and to require the production of documents, so as to elicit all such information as in the circumstances may be considered necessary, without being bound by the rules of evidence in civil or criminal proceedings: Provided always that, if any witness objects to answer any question on the ground that it will tend to incriminate him or any other lawful ground, he shall not be required to answer the question nor be liable to any penalties for refusing to answer.
40. It shall be in the discretion of an Arbitration Tribunal Appearance to permit any interested person to appear by counsel or solicitor on of counsel any proceedings under this Ordinance before such Tribunal.
or solicitor.
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