Amendment status not verified — confirm the current text below against the official source.
Reference to 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[(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 1 Subs. by M.P. Act No.30 of 1998 (w.e.f. 4-9-1998) 2 Subs. by M.P. Act No.19 of 2003 (w.e.f. 29-4-2003), for the words “three years” w.e.f. 1.2.2001. 3 Omitted by M.P. Act No.34 of 1994. 4 Ins. by M.P. Act No.9 of 1990 (w.e.f. 24-4-1990). 8 reference but where the Tribunal is not so satisfied it may summarily reject the reference after recording reasons therefor.] 1[7-A. Reference Petition.—(1) Every reference petition shall include whole of the claim which the party is entitled to make in respect of the works contract till the filing of the reference petition but no claims arising out of any other works contract shall be joined in such a reference petition. (2) Where a party omits to refer or intentionally relinquishes any claim or any portion of his claim, he shall not afterwards be entitled to refer in respect of such claim or portion of claim so omitted or relinquished. (3) Notwithstanding anything contained in sub-section (1) or sub- section (2) disputes relating to works contract which may arise after filing of the reference petition may be entertained as and when they arise, subject to such conditions as may be prescribed]. 2[7-B. Limitation.— 3[(1) The Tribunal shall not admit a reference petition unless— (a) the dispute is first referred for the decision of the final authority under the terms of the works contract; and (b) the petition to the Tribunal is made within one year from the date of communication of the decision of the final authority : Provided that if the final authority fails to decide the disputes within a period of six months from the date of reference to it, the petition to the Tribunal shall be made within one year of the expiry of the said period of six months.] (2) Notwithstanding anything contained in sub-section (1), where no proceeding has been commenced at all before any Court preceding the date of commencement of this Act or after such commencement but before the commencement of the Madhya Pradesh Madhyastham Adhikaran (Sanshodhan) Adhiniyam, 1990, a reference petition shall be entertained within one year of the date of commencement of Madhya Pradesh 1 Ins. by M.P. Act No.9 of 1990 (w.e.f. 24-4-1990). 2 Ins. by M.P. Act No.9 of 1990 (w.e.f. 24-4-1990). 3 Subs. by M.P. Act No.36 of 1995 (w.e.f. 31-10-1995). 9 Madhyastham Adhikaran (Sanshodhan) Adhiniyam, 1990 irrespective of the fact whether a decision has or has not been made by the final authority under the agreement.] 1[(2-A) Notwithstanding anything contained in sub-section (1), the Tribunal shall not admit a reference petition unless it is made within three years from the date on which the works contract is terminated, foreclosed, abandoned or comes to an end in any other manner or when a dispute arises during the pendency of the works contract : Provided that if a reference petition is filed by the State Government, such period shall be thirty years.]