Chapter III COMMENCEMENT OF PROCEEDING BEFORE TRIBUNAL AND PROCEDURE OF TRIBUNAL

(1) Either party to a works contract shall irrespective of the fact whether the agreement contains an arbitration clause or not, refer in writing the dispute to the Tribunal.

(2) Such reference shall be drawn up in such form as may be prescribed and shall be supported by an affidavit verifying the averments.

(3) The reference shall be accompanied by such fee as may be prescribed.

(4) Every reference shall be accompanied by such documents or other evidence and by such other fees for service or execution of processes as may be prescribed.

(5) On receipt of the reference under sub-section (1), if the Tribunal is satisfied that the reference is a fit case for adjudication, it may admit the reference but where the Tribunal is not so satisfied it may summarily reject the reference after recording reasons therefor.

(1) As soon as a reference mentioned in Section 7 is received in office of the Tribunal, the same along with affidavit and documents shall be scrutinized by such responsible official of the staff 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 removal of any defect or deficiency if discovered shall be registered, numbered and placed before the Chairman.

(3) The Chairman shall having regard to the nature of the dispute the amount involved and other relevant factor, if any, assign it to a Bench for giving the award.

(4) The Bench to which the reference is so assigned shall cause notice thereof to be issued to 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 reference, nothing in this section shall prevent it from dismissing the reference at any stage of the case, for reasons to be recorded in writing.

(5) “The Opposite Party on or before the date specified in the notice for appearance, may file a reply in writing signed and verified by the opposite party or its authorized agent, along with an affidavit verifying the averments made in the reply. The reply shall be accompanied by such document or other evidence, which the opposite party wants to rely upon”.

(1) The Chairman may, for the convenient transaction of business constitute one or more Benches consisting of two or more numbers of members as he thinks fit : Provided that if the Chairman is not himself presiding on the Bench at least one member shall be a Judicial Member : Provided further that for recording evidence in any matter, the Chairman may constitute a Bench consisting of single Member.

(2) The Chairman may in his discretion distribute business amongst the Benches and may withdraw any case from one Bench and assign it to another.

(3) The Chairman may change the composition of any Bench as he may deem fit.

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

Notwithstanding anything to the contrary contained in Arbitration Act but subject however to any regulations that may be made under Section 10, the Tribunal shall regulate its own procedure as it may think just and fair, but a party shall not be denied its right of being represented by an advocate or a recognized agent.

(1) The Tribunal shall, for the proposes of this Act, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (No.5 of 1908), when 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) examining or allowing either party to a reference to examine an expert on any point at issue where opinion of such expert would be relevant under the provisions of the Evidence Act, 1872 (No. 1 of 1872); (d) compelling the production of books of account and other documents subject to the provisions of Sections 123 and 124 of the Evidence Act, 1872 (No.1 of 1872); (e) issuing commissions; (f) calling proof of facts by affidavit of the party or of any witness and ordering that such affidavit may be read at the hearing on such conditions as the Tribunal or the Bench concerned, thinks fit.

The Tribunal shall for the transaction of business before it ordinarily hold sittings at Bhopal and may whenever deemed necessary or convenient also hold sittings either for hearing or for spot inspection, at any other place within the State as the Chairman may allow.

No proceedings before the Tribunal shall be rendered invalid and no award shall be called in question on account of any defect in the appointment of the Chairman or member or on account of any irregularity in the proceedings before the Tribunal or any Bench thereof, not affecting the merits of the case or the inherent jurisdiction of the Tribunal.

(1) In a case pending before the Tribunal it may act notwithstanding the absence of the Chairman or any member or the existence of any vacancy in the office of the Chairman or any member.