THE GUJARAT PUBLIC WORKS CONTRACTS DISPUTES ARBITRATION TRIBUNAL ACT, 1992
Chapter IV MISCELLANEOUS.
Chapter IV MISCELLANEOUS.
14. Proceedings before Tribunal to be judicial proceedings
All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.
Chapter IV MISCELLANEOUS.
15. Members and staff of Tribunal to be public servants
The Chairman and other members and officers and servants of the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
Chapter IV MISCELLANEOUS.
16. Application of sections 4 and 12 of the Limitation Act, 1963
In computing period of limitation laid down in sub-section (7) of section 8, and sub-section (2) of section 11 and sub-section (7) of section 12, the provisions of sections 4 and 12 of the Limitation Act, 1963, shall, so far as may be, apply.
Chapter IV MISCELLANEOUS.
17. Extension of period of limitation in certain cases
The Tribunal may admit a reference under sub-section (2) of section 8 or entertain an application for review under sub-section (7) of section 11 or for revision under sub section (1) of section 12 after the period of limitation laid down in sub- section (7) of section 8, sub-section (2) of section 11, or as the case may be, sub-section (7) of section 12 if the party satisfies the Tribunal that the party had sufficient cause for not making the reference or, as the case may be, the application for review or revision within such period.
Chapter IV MISCELLANEOUS.
18. Protection of action taken in good faith
No suit, prosecution or other proceeding shall lie against the State Government or the Chairman or other member or officer or servant of the the Tribunal for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order or regulation made thereunder.
Chapter IV MISCELLANEOUS.
19. Power to remove difficulties
(1) If any difficulty arises in giving to the provisions of this Act the State 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.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.
Chapter IV MISCELLANEOUS.
20. Rules
(1) The State Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may be made for all or any of the following matters, namely:-
(a) the salaries and allowances payable to, and other terms and conditions of service of, the Chairman and other members, under sub-section (2) of section 4;
(b) the manner of inquiry to be made under clause (b) of sub-section (3) of section 4;
(c) the salaries and the allowances payable to, and other conditions of service of, the officers and servants of the Tribunal, under sub-section (2) of section 6;
(d) the forms in which reference shall be made and the documents and other evidence and the fees with which it shall be accompanied, under sub-section (7) of section 8;
(e) any other matter in respect of which the Tribunal may exercise powers of Civil Court under clause (d) of section 10;
(f) any other matter which is to be, or may be, prescribed.
(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made, and shall be subject to rescission or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.
Chapter IV MISCELLANEOUS.
21. Arbitration Act to cease to apply
The provisions of the Arbitration Act, shall in so far as they are inconsistent with the provisions of this Act, cease to apply to any dispute arising from a works contract and all arbitration proceedings in relation to such dispute before an arbitrator, umpire, court or authority shall stand transferred to the Tribunal.
Chapter IV MISCELLANEOUS.
22. Repeal and savings
(1) The Gujarat public Works Contracts Disputes Arbitration Tribunal Ordinance, 1991 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act.
PDF: pending for this language.