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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This Act may be called the Madhya Pradesh Madhyastham Adhikaran (Sanshodhan) Adhiniyam , 1990.
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 .
In sub-section (1) of section 2 of the Principal Act,-
In section 4 of the Principal Act,-
In section 5 of the Principal Act,-
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.
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,-
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 ."
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 .
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)."
In section 15 of the Principal Act,-
In section 16 of the Principal Act,-
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.
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).
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-
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 .
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 .
In sub-section (2) of section 29 of the Principal Act,-
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