Sections 82 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.
Part IV, headed "Supplementary provisions", begins with three powers. Section 82 lets the High Court make rules for proceedings before the Court under the Act. Section 83 lets the Central Government remove difficulties by order within two years of commencement. Section 84 lets the Central Government make rules by notification and sets how they are laid before Parliament. This follows the India Code consolidated text consulted.
The High Court may make rules consistent with the Act as to all proceedings before the Court under the Act (section 82). The Central Government may, by order in the Official Gazette, make provisions to remove a difficulty, but no such order may be made after two years from commencement, and each order is laid before Parliament (section 83). The Central Government may also make rules by notification for carrying out the Act, which are laid before Parliament for thirty days in total (section 84). No rule or order is in the text consulted, and none is stated here.
What this article does not contain
The text consulted prints the three powers. It does not print any rule made by a High Court under section 82, any order under section 83, or any rule of the Central Government under section 84. The text consulted also does not say whether any has been made. This article therefore sets out only what the three sections empower and how they are controlled. For anything practical, such as the form of an application or the court that hears it, check the rules of the relevant High Court and the official Gazette.
Where Part IV sits
The text consulted prints the Act in Parts. Part IV, "Supplementary provisions", runs from section 82 to section 87 and follows Part III on conciliation. Sections 82 to 84 give powers to make rules and orders. Sections 85 and 86 deal with repeal and savings (see our article on sections 85 and 86) and section 87 with proceedings begun before 23rd October, 2015 (see our article on section 87). If you need to know which rules govern your case, our legal consultation team can help you identify them.
Section 82: power of the High Court to make rules
The High Court may make rules consistent with this Act as to all proceedings before the Court under this Act.
| Element | Text |
|---|---|
| Who | The High Court |
| Limit | Rules "consistent with this Act" |
| Subject | "All proceedings before the Court under this Act" |
Notes:
- "The Court" is the expression defined in section 2(1)(e) of Part I; see our article on section 2. Section 82 speaks of proceedings before the Court, not of arbitral proceedings before the tribunal.
- Consistency is the only stated limit. The section does not require any approval.
- Section 11(14), as the India Code text prints it, separately provides that the High Court may frame such rules as may be necessary, after taking into consideration the rates specified in the Fourth Schedule. That is a different, specific power about the fees of arbitral tribunals. See our articles on the Fourth Schedule and on appointment of arbitrator under section 11.
- No High Court rules are in the text consulted, and none is described here.
Section 83: removal of difficulties
Sub-section (1)
If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.
The proviso says that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. The text prints this as "no such order shall made be after the expiry", with the words "made be" in that order: a printing slip, quoted as printed.
Sub-section (2)
Every order made under this section shall, as soon as may be after it is made, be laid before each Houses of Parliament. "Each Houses" is printed as stated: another slip.
| Feature | Section 83 |
|---|---|
| Who | Central Government |
| How | Order published in the Official Gazette |
| Content | Provisions, not inconsistent with the Act, necessary or expedient for removing the difficulty |
| Time limit | Not after two years from the date of commencement of the Act |
| Parliament | Laid, as soon as may be, before each House |
The text consulted does not print any order under section 83, and does not state the date of commencement of the Act in this section. We say nothing about any order.
Section 84: power to make rules
Sub-section (1)
The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
Sub-section (2)
Every rule made by the Central Government under this Act shall be laid, as soon as may be, after it is made before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions. If, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be. Any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Putting section 84(2) in steps:
- The rule is laid before each House while in session.
- The laying is for a total period of thirty days, in one session or two or more successive sessions.
- If, before the expiry of the session immediately following, both Houses agree to modify the rule, it has effect only in the modified form.
- If both Houses agree that the rule should not be made, it is of no effect.
- Anything previously done under the rule remains valid.
The three powers side by side
| Point | Section 82 | Section 83 | Section 84 |
|---|---|---|---|
| Who | High Court | Central Government | Central Government |
| Instrument | Rules | Order in the Official Gazette | Rules by notification in the Official Gazette |
| Purpose | Proceedings before the Court under the Act | Removing a difficulty in giving effect to the Act | Carrying out the provisions of the Act |
| Time limit | None stated | Two years from commencement | None stated |
| Parliament | Not mentioned | Laid before each House | Laid for thirty days; modification or annulment possible |
An illustration
Suppose a company, Menon Foods Pvt Ltd, wants to file an application before the Court under the Act and asks which procedural rules apply. Section 82 empowers the High Court to make rules for such proceedings, consistent with the Act. Whether the relevant High Court has done so, and what the rules say, is not in the text consulted, so Menon's advisers would need to check the High Court's own rules. The name and facts are invented.
Need help finding the applicable rules?
The Act sets only the framework for rule-making. Which rules apply to a particular application or proceeding must be checked in the official sources. Our legal consultation team can help you identify the relevant High Court rules and procedures before you file.
Key takeaways
- The High Court may make rules consistent with the Act for all proceedings before the Court under the Act (section 82).
- The Central Government may make an order to remove a difficulty, but not after two years from commencement of the Act (section 83).
- The Central Government may make rules by notification; they are laid before Parliament for thirty days (section 84).
- Section 83 is printed with slips: "shall made be after" and "each Houses".
- No rules, orders or notifications are in the text consulted, and none is stated here.
Read next
- Sections 85 and 86: repeal of earlier arbitration laws and savings
- Section 87: proceedings commenced before 23 October 2015
- Fourth Schedule: model fee of the arbitral tribunal
- Section 2: definitions and scope of Part I
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.