Statutory limits on the composition of a Micro and Small...

Statutory limits on the composition of a Micro and Small Enterprises Facilitation Council are mandatory: a Council must comprise three to five members, and a body exceeding that limit lacks jurisdiction to render an award. The notes explain that awards of a Facilitation Council ordinarily follow the arbitral set-aside mechanism, subject to the statutory pre-deposit requirement. However, writ jurisdiction may be exercised exceptionally despite that alternative remedy where the Council's constitution is ultra vires, the award is void for inherent lack of jurisdiction, or there is no valid award in law. An award and consequential review order made by an improperly constituted Council were quashed, with remittal to a duly constituted Council for fresh adjudication.

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