The Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983

(1) This Act may be called the Chhattisgarh Madhyastham Adhikaran (Sanshodhan) Adhiniyam, 2019. (2) It shall extend to the whole State of Chhattisgarh. (3) It shall come into force from the date of its publication in the Official Gazette.

(1) In this Act, unless the context otherwise requires,- (a) "Arbitration Act" means the Arbitration Act, 1940 (No. 10 of 1940); (b) "Bench" means a bench of the Tribunal constituted under section 9; (c) "Chairman" means the Chairman appointed under section 4; (d) "Dispute" means any dispute involving a difference of opinion or claim in respect of an adjudicated sum of Rs. 50,000 or more, arising out of or relating to the execution or non-execution of a works contract or part thereof; (e) "Judicial Member" means a member possessing the qualifications prescribed under sub-section (3) of section 4; (f) "Member" means a member of the Tribunal appointed under section 4; (g) "Party" includes a successor, executor, administrator or assignee; (h) "Public undertaking" means any government company within the meaning of section 617 of the Companies Act, 1956 (No. 1 of 1956) and includes any corporation or other statutory body, by whatever name called, which is in either case wholly or substantially owned or controlled by the State Government; (i) "Tribunal" means the Arbitration Tribunal constituted under section 3, and includes its Bench constituted under section 9; (j) "Works contract" means any written agreement, which has been entered into by or on behalf of or by any officer of the State Government, or by any public undertaking or by any officer on behalf of such public undertaking, for the execution, repair or maintenance of any building or superstructure, dam, weir, canal, reservoir, tank, lake, road, well, bridge, culvert, factory, workshop, powerhouse, transformers or such other works of the State Government or public undertaking, as may be specified by the State Government, by notification, for this purpose, and includes such other matters relating to the execution of any of the said works. (2) Words and expressions used in this Act, but not defined and which are defined in the Arbitration Act, shall have the same meaning as given to them in the Arbitration Act. In Section 2, in sub-section (1), in clause (i) of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 (No. 29 of 1983 ), after the word "transformers" and before the words "or such other words", the punctuations and words ",tube well drilling work, ramp construction and hand pump installation work, water purification plant construction work, intake well construction work, all types of pipe supply and pipeline laying work, pump house construction work, high level tank/ sump well construction work, raw/clear water pumps work, supply and establishment of iron removal plant/fluoride removal plant work, rain water harvesting work, construction of recharge structures related to ground water enrichment work" shall be inserted.

The State Government shall, by notification, constitute an Arbitration Tribunal which shall resolve all disputes or differences arising out of or in connection with a works contract or the execution, discharge or fulfillment of such a works contract.

(1) Subject to sub-sections (2) and (3), the State Government may appoint such Chairman and members in the Tribunal as it deems necessary. (1-A) The State Government, in consultation with the Chairman, may designate one of the Judicial Members as Vice-Chairman, who shall perform the duties of the Chairman during the vacancy caused by his death, resignation, leave or other reasons. (2) No person shall be appointed as Chairman of the Tribunal unless he is or has been a Judge of the High Court. (3) No person shall be qualified for appointment as a member of the Tribunal unless: (i) he has been a District Judge for at least six years or has remained a District Judge for at least seven years; or (ii) he has been a Revenue Commissioner for a total period of at least five years or has remained a Revenue Commissioner for a total period of at least five years, or has held a post equivalent to the level of Revenue Commissioner; or (iii) he is: (a) a Chief Engineer in the Public Works, Irrigation, or Public Health Engineering Department of the State Government for at least five years, or has remained a Chief Engineer for at least five years; (b) a Chief Engineer in the Madhya Pradesh Electricity Board for at least five years, or has remained a Chief Engineer for at least five years; (c) a Senior Deputy Accountant General in the Accountant General, Madhya Pradesh office for at least five years, or has remained a Senior Deputy Accountant General for at least five years: Provided that, in the case of clause (iii), in exceptional circumstances, the State Government may relax the prescribed minimum period of five years to three years.

(1) The Chairman and members of the Tribunal shall be full-time salaried officers. (2) The Chairman shall hold office for a period of five years from the date of his appointment or until he attains the age of 67 years, whichever is earlier: Provided that the Chairman shall hold office until his successor assumes office or for six months, whichever is earlier. (2-A) A member shall hold office for a period of five years from the date of his appointment or until he attains the age of 65 years, whichever is earlier.

The Chairman and members shall be given such salary, allowances and emoluments, if any, as may be prescribed, and until rules are made, they shall be given such salary, allowances and other emoluments as the State Government may, by written order, determine.

(1) The Tribunal shall not receive any reference unless: (a) the dispute is first referred for decision to the final authority under the terms of the works contract; and (b) the petition is made to the Tribunal within one year from the date of notification of the decision of the final authority: Provided that if the final authority fails to decide the dispute within a period of six months from the date of reference to it, the petition shall be made to the Tribunal within one year from the expiry of the said period of six months. (2) Such reference shall be prepared in the form which may be prescribed, and shall be supported by an affidavit verifying the facts. (3) Such fee as may be prescribed shall be paid along with the reference. (4) Every reference shall be accompanied by such documents or other evidence and such other fees for the service or execution of processes as may be prescribed. (5) On receipt of a reference under sub-section (1), if the Tribunal is satisfied that the reference is a fit case for adjudication, it may accept the reference, but where the Tribunal is not so satisfied, it may, after recording the reasons for the same, summarily reject the reference.

(1) Every reference petition shall include the entire claim which the party is entitled to make regarding the works contract up to the date of filing the petition, but claims arising from any other works contract shall not be included in such petition. (2) Where a party omits or intentionally relinquishes to refer any claim or any part of his claim, he shall not be entitled thereafter to make a reference in respect of the part of the claim so omitted or relinquished. (3) Notwithstanding anything contained in sub-section (1) or (2), disputes relating to a works contract which arise after the filing of the reference petition may, upon their arising, be accepted subject to such terms as may be prescribed.

(1) The Tribunal shall not receive any reference: (a) when a decision has been made by the final authority under the terms of the works contract in relation to a dispute, unless the reference petition is made within one year from the date of notification of such decision; (b) when a dispute has been referred to the final authority under the agreement and such authority fails to decide it within a period of six months from the date of reference, unless the reference petition is made within one year from the expiry of the said period of six months. (2) Notwithstanding anything contained in sub-section (1), where no proceeding has been initiated before any court before the commencement of this Act or after such commencement but before the commencement of the Madhya Pradesh Madhyastham Adhikaran (Amendment) Act, 1990, the reference petition shall be accepted within one year from the date of commencement of the Madhya Pradesh Madhyastham Adhikaran (Amendment) Act, 1990, regardless of whether a decision has been made by the final authority under the contract or not. (2-A) Notwithstanding anything contained in sub-section (1), the Tribunal shall not receive any reference petition unless it is made within three years from the date on which the dispute arose.

(1) As soon as any reference described in section 7 is received in the office of the Tribunal, it shall be examined, along with the affidavit and documents, by such responsible officer of the Tribunal as the Chairman may, by general or special order, authorize in that behalf. (2) The reference, if found in order, or after any defect or deficiency in it is rectified, shall be registered and numbered and placed before the Chairman. (3) The Chairman, keeping in view the nature of the dispute, the amount involved and other relevant matters, if any, shall assign it to a Bench for adjudication. (4) The Bench to which a reference is so assigned shall cause notice to be issued to the opposite party to show cause. The notice shall be in such form as may be prescribed and shall specify the date for appearance: Provided that if the Tribunal is satisfied that there is no ground for the reference, nothing in this sub-section shall prevent it from rejecting the reference at any stage of the case for the reasons to be recorded in writing. (5) The opposite party, on or before the date specified for appearance in the notice, may file a written reply, signed by the opposite party or his authorized agent, with an affidavit verifying the facts stated in the reply.

(1) The Chairman may for the convenient transaction of work, constitute one or more benches each consisting of two or more members as he may deem fit: Provided that if the bench is not presided by the Chairman himself, at least one member shall be a Judicial Member: Provided further that the Chairman may constitute a bench consisting of one member for recording evidence in any case. (2) The Chairman may, in his discretion, distribute the work between the benches and may withdraw any case from one bench and make it over to another bench. (3) The Chairman may make such changes in the constitution of any bench as he may deem fit.

The Tribunal may make regulations for the transaction of work before it or before its benches. Such regulations so made shall be published in the Gazette and shall come into force on the date of their publication in the Gazette or such other subsequent date as may be specified in this behalf by the Chairman.

Notwithstanding anything contained in the Arbitration Act, but subject to any regulations made under section 10, the Tribunal shall regulate its own procedure in such manner as it deems just and proper, provided that no party shall be deprived of its right to be represented by an advocate or an authorised agent.

(1) The Tribunal shall, for the purposes of this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:— (a) discovery and inspection; (b) enforcing the attendance of any person and examining him on oath; (c) compelling the production of books of account and other documents, subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872); (d) where an expert opinion is relevant on a question in issue, to examine the expert or to permit any of the parties to the direction to examine him; (e) issuing commissions; (f) requiring evidence of facts to be given by affidavit and ordering that such affidavit may be read in the hearing on such terms as the Tribunal or the concerned bench may deem fit.

The Tribunal shall, for the transaction of work before it, ordinarily hold its sittings in Bhopal and may, whenever considered necessary or convenient, hold its sittings for hearing or for local inspection at any such other place within the State as may be permitted by the Chairman.

No proceedings before the Tribunal shall be held to be invalid and no award shall be questioned by reason of any defect in the appointment of the Chairman or member or by reason of any irregularity in the proceedings before the Tribunal or any of its benches, not affecting the merits of the case or the inherent jurisdiction of the Tribunal.

(1) The Tribunal may act in any case pending before it notwithstanding that the Chairman or any member is absent or there is a vacancy in the office of Chairman or any member. (2) Where in the course of any proceeding, any change in the constitution of the Tribunal has taken place due to the filling up of a vacancy or otherwise, it shall not be necessary for the proceedings to be started de novo and the proceedings may be continued from the stage at which the change occurred, and it shall be competent for the Tribunal to act on the basis of the evidence, affidavits and such other material as has already been placed before it prior to the aforementioned change in constitution.

(1) The Tribunal shall, after recording the evidence, if necessary, and after perusing the material on record and after giving the parties an opportunity to present their arguments, give its award: Provided that the Tribunal shall give reasons in brief for the award, which includes an interim award. (2) The Tribunal shall, as far as possible, deliver its award within four months from the date of service of the notice of the reference to the opposite party. (3) The Tribunal may award costs and interest at such rate as it deems reasonable. (4) The award shall be in accordance with the opinion of the majority of the members. If there is a difference of opinion between the members of the bench on any question, then that question shall, if there is a majority, be decided in accordance with the opinion of the majority of the members, but if the members are equally divided, then that question or questions on which there is a difference of opinion, shall be referred for the direction of the case for hearing on such question or questions by one or more other members of the Tribunal or by the Chairman himself, as the case may be, and then such question or questions shall be decided in accordance with the opinion of the majority of the members of the Tribunal who have heard this case, which includes those members who have heard it earlier. (5) The relief granted, the party in whose favour and against whom the relief is granted, and the person by whom and in whose favour the costs and interest, if any, are payable, shall be clearly described in the award. (6) Copies of the award, certified by the signature of such officer of the Tribunal as may be authorised by the Chairman in this behalf and by affixing its seal, shall be given to all parties.

Notwithstanding anything to the contrary contained in any law relating to arbitration but subject to section 19, the award passed by the Tribunal under this Act, which includes an interim award, shall be final and binding on the parties thereto.

Nothing in this Act shall be deemed to limit or otherwise affect the inherent powers of the Tribunal to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Tribunal: Provided that no interim order by way of injunction or attachment shall be made before the award: Provided further that the Tribunal shall have no power to review the award, including an interim award.

Clerical or arithmetic mistakes in awards, interim awards or orders, or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Tribunal either of its own motion or on the application of any of the parties concerned.

An award, including an interim award, as confirmed, reversed or modified by an order made in review under this Act, if any, shall be deemed to be a decree of the principal Civil Court of original jurisdiction under section 2 of the Code of Civil Procedure, 1908 (5 of 1908) within whose local limits the award or interim award was made, and shall be executable accordingly.

(1) The High Court may, at any time on its own motion, or on an application made to it by an aggrieved party within three months of the award, call for the record of any case in which an award has been made under this Act by issuing a requisition to the Tribunal, and upon receipt of such requisition, the Tribunal shall send or cause to be sent to that Court the related award and its record. (2) If it appears to the High Court that the Tribunal has— (a) exercised a jurisdiction not vested in it by law; or (b) failed to exercise the jurisdiction so vested; or (c) acted in the exercise of its jurisdiction illegally or with material irregularity; or (d) committed a misconduct itself or mismanaged the proceedings; or (e) passed an award that is invalid or that such award has been improperly obtained by any party to the proceedings, then the High Court may pass such order in that case as it deems fit. (3) The High Court, in deciding any review under this section, shall as far as possible exercise the same powers and follow the same procedure as it exercises and follows in deciding any review under section 115 of the Code of Civil Procedure, 1908 (5 of 1908). (4) The High Court shall send a copy of its order made in review, duly certified, to the Tribunal. Explanation—For the purposes of this section, award includes an interim award.

(1) From the date of constitution of the Tribunal, and notwithstanding anything to the contrary contained in the Arbitration Act, 1940 (10 of 1940) or any other law for the time being in force or any contract or custom to the Civil Court, the jurisdiction of any Civil Court may be barred in respect of matters under this Act to be decided by the Tribunal. (1A) Notwithstanding anything contained in sub-section (1), the Civil Court may entertain and decide any dispute of the nature specified in the said sub-section, which is referred by a person in the capacity of an indigent person. Explanation—For the purpose of this sub-section, "indigent person" shall have the same meaning as given to it in the Code of Civil Procedure, 1908 (5 of 1908). (2) Nothing in sub-section (1) shall apply to any arbitration proceedings which are pending before an arbitrator or umpire or any court or authority under the provisions of the Arbitration Act or any other law relating to arbitration, and such proceedings may be continued, heard and decided at all their stages in accordance with the contract or custom or the provisions of the Arbitration Act or any other law relating to arbitration as if this Act had not been in force.

(1) The Chairman may, with the previous approval of the State Government, create such number of posts of officers and servants as may be necessary and may appoint officers and servants for the administrative or other work of the Tribunal: Provided that appointments to posts other than those in the ministerial cadre of class III and class IV categories shall not be made— (i) without obtaining the prior approval of the State Government; and (ii) without following the general instructions issued by the State Government in this regard from time to time. (2) The salary and allowances and other terms and conditions of service of the officers and servants of the Tribunal shall be such as may be prescribed, and until rules are made, they shall be such as may be determined by the Chairman with the previous approval of the State Government.

The Chairman, every member, officer and servant appointed under this Act or on the basis of powers conferred by or under this Act, shall be deemed to be a public servant within the meaning of the Indian Penal Code, 1860.

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;fn bl vf/kfu;e ds ;k mlds v/khu cuk;s x;s fdlh fu;e ;k fd;s x;s fdlh vf/klwfpr vkns'k ds micU/kksa dks izHkko'khy djusa esa dksbZ dfBukbZ mn~Hkqr gksrh gS rks jkT; ljdkj ml dfBukbZ dks fyf[kr vkns'k }kjk tks bl vf/kfu;e ds ;k mlds v/khu cuk;s x;s fu;eksa ;k fd;s x;s vf/klwfpr vkns'k ds micU/kksa ls vlaxr u gks nwj dj ldsxh %ijUrq dksbZ Hkh ,slk vkns'k] bl vf/kfu;e ds izo`Rr gksus dh rkjh[k ls nks o"kZ dk volku~ gks tkus ds i'pkr~ ugh fd;k tk,xk-

/kkjk 10 ds v/khu cuk;k x;k izR;sd fofu;e vkSj /kkjk 30 ds v/khu fd;k x;k izR;sd vkns'k fo/kku lHkk ds iVy ij j[kk tk,xk vkSj e/;izns'k lk/kkj.k [kM vf/kfu;e] 1957 (Øekad 3 lu~ 1958) dh /kkjk 24-d ds micU/k mls mlh izdkj ykxw gksaxs tSls fd os fu;eksa dks ykxw gksrs gSa-