Chapter I PRILIMINARY.

(1) This Act may be called the Gujarat Public Works Contracts Deputes Arbitration Tribunal Act, 1992

(2) It extends to the whole of the State of Gujarat

(3) This section shall be deemed to have come into force on the 5th December, 1991 and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint

(1) In this Act, unless the context otherwise require,-

(a) "Arbitration Act" means the Arbitration Act, 1940,

(b) "Arbitration clause" means a clause in the works contract to submit the present or future difference to arbitration ,

(c) "Bench" means a Bench of the Tribunal ,

(d) "Chairman" means the Chairman of the Tribunal ,

(e) "dispute" means any difference relating to any claim valued at any amount equal to or exceeding fifty thousand rupees, arising out of the execution or non-execution of whole or part of a works contract,

(f) "member" means a member of the Tribunal and includes the Chairman ,

(g) 'party' means a party to a works contract and includes its successors, executors, administrators or assignees ,

(h) "prescribed" means prescribed by rules made under section 20;

(i) "public undertaking" means-

(i) any company as defined in section 3 of the Companies Act, 1956 in which not less than fifty-one per cent of the paid up share capital is held by the State Government or any company which is a subsidiary (within the meaning of that Act) of the first mentioned company,

(ii) any corporation (not being a company as defined in section 3 of the Companies Act, 1956 or local authority) established by or under a Central Act or a State Act and owned or controlled by the State Government,

(iii) such class of local authorities as the State Government may, by notification in the Official Gazette, specify ;

(j) "Tribunal" means the Gujarat public Works Contract Disputes Arbitration Tribunal constituted under secton 3;

(k) "Works contract" means a contract made by the State Government or the public undertaking with any other person for the execution of any of its works relating to construction, repairs or maintenance of any building or superstructure, dam, weir, canal, reservoir, tank, lake, road, well, bridge, culvert, factory or work shop or of such other work of the State Government or, as the case may be, of the public undertaking, as the State Government may, by notification in the Official Gazette specify, and includes-

(i) a contract made for the supply of goods relating to the execution of any of such works,

(ii) a contract made by the Central Stores Purchase Organisation of the State Government for purchase of sale of goods.

(2) Words and expressions used and not defind in this Act but defind in the Arbitration Act, shall have the meanings assigned to them in the Arbitration Act.