MADHYA PRADESH MADHYASTHAM ADHIKARAN (SANSHODHAN) ADHINIYAM, 1990

Act No. 09 of 1990

24th April 1990

An Act to amend the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983. Be it enacted by the Madhya Pradesh Legislature in the Fortieth Year of the Republic of India as follows:-

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S.1 Short title

This Act may be called the Madhya Pradesh Madhyastham Adhikaran (Sanshodhan) Adhiniyam , 1990.

S.2 Amendment of long title

In the long title of the Madhya Pradesh Madhyastham adhikaran Adhiniyam , 1983(No . 29of1983 ) (hereinafter referred to as the Principal Act) ,for the words" owned or controlled by the State Government ",the words" wholly or substantially owned or controlled by the State Government "shall be substituted .

S.3 Amendment of section 2

In sub-section (1) of section 2 of the Principal Act,-

• (i) for clause (d), the following clause shall be substituted, namely:-
  "(d) "dispute" means claim of as contained money valued at Rupees 50,000 or more relating to any difference arising out of the execution or non-execution of a works contract or part thereof; "
  
• (ii) for clause (g), the following clause shall be substituted, namely:-
  "(g) "Public Undertaking" means a Government company within the meaning of Section 617 of the Companies Act, 1956 (No. 1 of 1956) and includes a Corporation or other statutory body by whatever name called in each case, wholly or substantially owned or controlled by the State Government;"
  
• (iii) for clause (i), the following clause shall be substituted, namely:-
  "(i) "works-contract" means an agreement in writing for the execution of any work relating to construction, repair or maintenance of any building or superstructure, dam, weir, canal, reservior, tan
  

S.4 Amendment of Section 4

In section 4 of the Principal Act,-

• (i) after sub-section (1), the following sub-section shell be inserted, namely:-
  "(1-a) The State Government may, in consultation with the Chairman, designate one of the members of the tribunal as the Vice-chairman thereof;"
  
• (ii) in sub-section (3), for clause (iii), the following clause shall be substituted, namely:-
  "(iii) he is or has been,-
  (a) Chief Engineer in the service of the State Government in Public Works, Irrigation or Public Health Engineering Department, or
  (b) a Chief Engineer in the service of the Madhya Pradesh Electricity Board, or
  (c) a Senior Deputy Accountant General of the Office of the Accountant-General, Madhya Pradesh, for a period of not less than five years".

S.5 Amendment of section 5

In section 5 of the Principal Act,-

• (i) for sub-section (2), the following sub-section shall be substituted, namely:-
  "(2) The Chairman or the Member shall hold office as such for a term of three years from the date on which he enters upon his office or until he attains-
  (a) in the case of the Chairman the age of sixty five years; and
  (b) in the case of member the age of sixty two years, whichever is earlier.";
  
• (ii) in sub-section (3), for the words "the State Government", the words, figure and brackets, "Subject to the provisions of sub-section (2), the State Government" shall be substituted.

S.6 Amendment of section 7

In section 7 of the Principal Act, after sub-section (3), the following sub-section shall be inserted, namely:-

( 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.

S.7 Insertion of new section 7-A and 7-B

After section 7 of the Principal Act, the following section shall be inserted, namely:-

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 relinquished any claim or any portion of his claim, he shall not after wards 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.

7-B. Limitation.

(1) The Tribunal shall not admit a reference,-

• (a) in a
  

S.8 Amendment of section 8

To sub-section (4) of section 8 of the principal Act, the following proviso shall be added, namely:-

" 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 ."

S.9 Amendment of section 9

In sub-section ( 1 ) of section9of the Principal Act ,for the words" consisting of one or more uneven number of members "the words" consisting of two or more number of members of which at least one shall be judicial member "shall be substituted .

S.10 Amendment of section 12

For clause (d) of sub-section (1) of section 12 of the Principal Act, the following clause shall be substituted, namely:-

"(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)."

S.11 Amendment of section 15

In section 15 of the Principal Act,-

• (i) in sub-section (1), the words "other than one-member bench" shall be omitted;
• (ii) proviso to sub-section (1) shall be omitted.

S.12 Amendment of section 16

In section 16 of the Principal Act,-

• (i) after the existing proviso to sub-section (1), the following proviso shall be inserted, namely:-
  " Provided further that the Tribunal shall give reasons in brief for an award including an interim award .";
  
• (ii) for sub-section (4), the following sub-section shall be substituted, namely;-
  " ( 4 ) The award shall be as per opinion of the majority of the members .If the Members of Bench differ in opinion on any point ,the points shall be decided according to the opinion of majority if there is a majority ,but if the members are equally devided ,the point or points on which they differ shall be stated for reference of the case for hearing on such point or points by one or more of the other Members of the Tribunal ,or by the Chairman himself ,as the case may be ,and then such point or points shall be decided according to the opinion of the majority of the Tribunal ,who have heard the case including those who had firs
  
  

S.13 Insertion of new sections 17-A and 17-B

After Section 17 of the Principal Act, the following section shall be inserted, namely:-

17-A .Inherent powers.

Nothing in this Act shall be deemed to limit or otherwise affect the inherent powers of the Tribunal to make such order as may be necessary for the ends of justice or to prevent abuse of the process of the Tribunal :

Provided that no interim order by way of injunction, stay or attachment before award shall be granted:

Provided further that the Tribunal shall have no power to review the award including the interim award.

17-B. Correction of clerical or arithmetical mistakes.

Clerical or arithmetical mistakes in awards, interim awards or orders or errors arising therein from any accidental slip or omission may at anytime be corrected by the Tribunal either of its own motion or on the application or any of the parties.

S.14 Amendment of section 20

After sub-section (1) of section 20 of the Principal Act, the following sub-section and explanation shall be inserted, namely:-

( 1 -A) Notwithstanding anything contained in sub-section ( 1 ) ,a Civil Court may entertain and decide any dispute of the nature specified in the said sub-section referred to it by a person in the capacity of indigent person .

Explanation.-For the purpose of this sub-section "indigent person" shall have the meaning assigned to it in the Code of Civil Procedure, 1908 (No. 5 of 1908).

S.15 Amendment of section 21

For proviso to sub-section (1) of section 21 of the Principal Act, the following proviso shall be substituted, namely:-

"Provided that appointment to posts other than ministerial posts of class III and class TV grades shall not be made by the chairman without-

• (i) obtaining previous approval of this State Government; and
• (ii) following the general instructions issued by the State Government on the subject from time to time."

S.16 Amendment of section 25

In section25of the Principal Act ,for the words" may also be exercised by one or more members or by one or more officers of the Tribunal ,"the words" may also ,be exercised by vice chairman and/or by one or more members or by one or more officers of the Tribunal ,"shall be substituted .

S.17 Insertion of new section 27-A

After section 27 of the Principal Act, the following section shall be inserted, namely:-

27-A. Determination of fees to Advocate

The fee payable to an Advocate appearing in proceeding on behalf of either party before the Tribunal shall be such as may be prescribed .

S.18 Amendment of section 29

In sub-section (2) of section 29 of the Principal Act,-

• (i) after clause (b), the following clauses shall be inserted, namely;-
  "(bb) (i) the fees for reference under sub-section ( 3 ) of section7;
  (ii) the fee for service or execution of processes and documents or other evidence to be accompanied with a reference under sub-section (4) of section 7;
  (bbb) condition subject to which a reference petition may be entertained under sub-section (3) of section 7-A;"
  
  
  
• (ii) after clause (g), the following clause shall be inserted, namely;-
  "(gg) the fee payable to Advocates under section27 -A ;".