The Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992
gujarat · 1992
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1The act establishes the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, applies statewide, and partially took effect in 1991.
- S. 2Section 2 defines key terms used in the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992.
- S. 3Section establishes a tribunal to arbitrate public works contract disputes, with specific qualifications for its members.
- S. 4Section 4 outlines the terms of office, resignation, and removal conditions for the Chairman and members of the Gujarat Public Works Contracts Disputes Arbitration Tribunal.
- S. 5Section 5 outlines procedures for filling vacancies and temporary replacements for members of the Gujarat Public Works Contracts Disputes Arbitration Tribunal.
- S. 6Section 6 allows the Tribunal to appoint staff with state government approval and sets their salaries and service conditions.
- S. 7Section 7 specifies the headquarters and potential alternate sitting locations for the Gujarat Public Works Contracts Disputes Arbitration Tribunal.
- S. 8Section 8 mandates parties to refer disputes on public works contracts to the Gujarat Tribunal for arbitration within one year, with the Tribunal making a final award.
- S. 9Section 9 authorizes the Tribunal to make regulations with state government approval to govern its practice, procedure, and functions.
- S. 10Section 10 grants the Tribunal the same powers as a Civil Court for summoning witnesses, examining them, and requiring document production.
- S. 11Section 11 allows the Tribunal to review its awards if new evidence is discovered or errors are found, but only if notice is given to the parties.
- S. 12Section 12 allows the High Court to review and revise awards made by the Tribunal if it finds jurisdictional errors or illegal actions.
- S. 13Section 13 prohibits Civil Courts from deciding on matters the Tribunal handles and from questioning Tribunal awards.
- S. 14Section 14 deems all Tribunal proceedings as judicial for purposes of the Indian Penal Code.
- S. 15Section 15 deems the Tribunal's Chairman and staff as public servants under the Indian Penal Code.
- S. 16Section 16 applies provisions of the Limitation Act, 1963, to compute limitation periods for disputes under the Act.
- S. 17Section 17 allows the Tribunal to extend deadlines for arbitration references, reviews, or revisions if the party provides sufficient cause.
- S. 18Section protects state officials and tribunal members from legal action for good faith actions under the Act.
- S. 19Section 19 allows the State Government to issue orders to address difficulties in implementing the Act, which must then be presented to the State Legislature.
- S. 20Section 20 allows the State Government to create rules for the Tribunal's operations, staff terms, and procedures, subject to legislative review.
- S. 21Section 21 transfers arbitration of works contract disputes to the Gujarat Public Works Contracts Disputes Arbitration Tribunal.
- S. 22(1) The Gujarat public Works Contracts Disputes Arbitration Tribunal Ordinance, 1991 is hereby repealed