Sections 43H explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
These three sections complete the working machinery of the Arbitration Council of India. Section 43H lets the Council appoint experts and form committees of experts. Section 43L gives the Council, in consultation with the Central Government, the power to make regulations. Section 43M creates the post of Chief Executive Officer and a Secretariat. This article reads them as per the India Code consolidated text consulted. No regulation, rule or service condition is in the source, and none is described.
The Council may appoint experts and constitute Committees of experts as it considers necessary, on terms specified by the regulations (section 43H). It may, in consultation with the Central Government, make regulations, consistent with the Act and the rules made under it, for the discharge of its functions (section 43L). A Chief Executive Officer is responsible for day-to-day administration, with qualifications and terms as prescribed by the Central Government, and a Secretariat of officers and employees (section 43M).
Where these sections sit
They are in Part IA, shown as inserted by Act 33 of 2019, section 10, with effect from 12-10-2023. For establishment see our article on sections 43A and 43B, for composition section 43C and for the duties section 43D. The three sections here are the bridge between the Council and its day-to-day work. A legal consultation can help if you need to work out which regulations or rules matter to you.
In the text consulted, the opening bracket of Part IA closes after section 43M(5), so section 43M is the last provision of the inserted Part.
Section 43H: appointment of experts and constitution of Committees
"The Council may, appoint such experts and constitute such Committees of experts as it may consider necessary to discharge its functions on such terms and conditions as may be specified by the regulations."
| Element | What the text says |
|---|---|
| Who acts | The Council |
| What it may do | Appoint experts; constitute Committees of experts |
| Test | As it "may consider necessary" to discharge its functions |
| Terms | As "may be specified by the regulations" |
The section uses "may". The Council is not required to appoint any expert. No regulation setting out the terms is in the source.
Section 43L: power to make regulations by the Council
"The Council may, in consultation with the Central Government, make regulations, consistent with the provisions of this Act and the rules made thereunder, for the discharge of its functions and perform its duties under this Act."
Three limits appear in the words:
- Consultation: the regulations are made "in consultation with the Central Government".
- Consistency: they must be "consistent with the provisions of this Act and the rules made thereunder".
- Purpose: "for the discharge of its functions and perform its duties under this Act".
The section does not set out a list of subjects. Instead, other sections of the Part and of Part I say that certain things are "as may be specified by the regulations":
| Provision | Matter left to the regulations |
|---|---|
| Section 42B | Protection of the arbitrator for anything done in good faith under the Act "or the rules or regulations made thereunder" |
| Section 43H | Terms and conditions of experts and Committees |
| Section 43-I | The manner of grading arbitral institutions |
| Section 43J | Qualifications, experience and norms for accreditation of arbitrators |
| Section 43K | The manner of maintaining the electronic depository of awards |
| Section 43M(3) | The functions and duties of the Chief Executive Officer |
See our articles on sections 43-I, 43J and 43K and on sections 42A and 42B. The text consulted has no definition of "regulations" in section 2. The terms "regulations" and "rules" are used in the Act's own words. Rules by the Central Government under the Act appear in section 84, and rules by High Courts in section 82; see our article on sections 82, 83 and 84. The text consulted contains no regulations and no such rules.
Section 43M: Chief Executive Officer and Secretariat
Sub-section (1): the Chief Executive Officer
"There shall be a Chief Executive Officer of the Council, who shall be responsible for day-to-day administration of the Council."
Sub-section (2): qualifications and terms
"The qualifications, appointment and other terms and conditions of the service of the Chief Executive Officer shall be such as may be prescribed by the Central Government." Section 43C(1)(g) makes the Chief Executive Officer an ex officio Member and Member-Secretary of the Council, a point covered in our article on section 43C.
Sub-section (3): functions and duties
"The Chief Executive Officer shall discharge such functions and perform such duties as may be specified by the regulations." Note the contrast: the terms of service are "prescribed by the Central Government" (sub-section (2)), while the functions and duties are "specified by the regulations" (sub-section (3)). The text uses a different source for each.
Sub-sections (4) and (5): the Secretariat
(4) "There shall be a Secretariat to the Council consisting of such number of officers and employees as may be prescribed by the Central Government."
(5) "The qualifications, appointment and other terms and conditions of the service of the employees and other officers of the Council shall be such as may be prescribed by the Central Government."
So the number of officers and employees, and their qualifications and terms, are matters for the Central Government's prescription. "Prescribed" is used in the Act's own words; section 2 as printed in the text consulted contains no definition of the word. No rules are in the source, and none is described here.
"Prescribed" and "specified": two different routes
| Route | Who makes it | Used for |
|---|---|---|
| "Prescribed by the Central Government" | Central Government | Terms of the Chief Executive Officer; size and terms of the Secretariat (43M(2), (4), (5)); also salaries and allowances in 43C(3) and (4) |
| "Specified by the regulations" | The Council, in consultation with the Central Government (43L) | Terms of experts (43H); grading (43-I); accreditation (43J); depository (43K); functions of the Chief Executive Officer (43M(3)) |
An example
A law university, Eastern Law University, is invited to join a Committee of experts on training. Section 43H allows the Council to constitute such Committees if it considers them necessary, on terms specified by the regulations. The University should ask for the regulations, because the section itself does not say how long a Committee sits or whether its members are paid. A person applying for the post of Chief Executive Officer reads section 43M(2): the qualifications and terms are as prescribed by the Central Government, and no rules are in the source.
Need help finding the regulations that apply to you?
The working rules of the Council sit in regulations and rules that are outside the text consulted. Our legal consultation service can help you identify the current instruments and read them against Part IA.
Key takeaways
- Section 43H: the Council may appoint experts and constitute Committees of experts as it considers necessary, on terms specified by the regulations.
- Section 43L: the Council may, in consultation with the Central Government, make regulations consistent with the Act and the rules made under it.
- Section 43M: a Chief Executive Officer is responsible for day-to-day administration; terms are prescribed by the Central Government and functions are specified by the regulations.
- A Secretariat is to consist of the officers and employees the Central Government prescribes.
- No regulations or rules are in the source.
Read next
- Section 44: foreign award under the New York Convention
- Sections 43E, 43F and 43G: vacancies, resignation and removal
- Sections 82, 83 and 84: rules, removal of difficulties and Central rules
- Sections 33–37 of the Mediation Act, 2023: council members, experts and secretariat
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.