The Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992

{
    "id": 16843,
    "slug": "gujarat-public-works-contracts-disputes-arbitration-tribunal-act-1992",
    "title": "The Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992",
    "short_title": "The Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992",
    "act_number": "Gujarat Act No. 4 of 1992",
    "act_year": 1992,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Arbitration Act\" means the Arbitration Act, 1940 (X of 1940);\n(b) \"Arbitration clause\" means a clause in the works contract to submit the present or future difference to arbitration;\n(c) \"Bench\" means a Bench of the Tribunal;\n(d) \"Chairman\" means the Chairman of the Tribunal;\n(e) \"dispute\" means any difference relating to any claim valued at any amount equal to or exceeding fifty thousand rupees, arising out of the execution or non-execution of whole or part of a works contract;\n(f) \"member\" means a member of the Tribunal and includes the Chairman;\n(g) \"party\" means a party to a works contract and includes its successors, executors, administrators or assignees;\n(h) \"prescribed\" means prescribed by rules made under Section 20;\n(i) \"public undertaking\" means-\n(i) any company as defined in Section 3 of the Companies Act, 1956 (1 of 1956) in which not less than fifty-one per cent, of the paid up share capital is held by the State Government or any company which is a subsidiary (within the meaning of that Act) of the first mentioned company,\n(ii) any corporation (not being a company as defined in Section 3 of the Companies Act, 1956 (1 of 1956) or local authority) established by or under a Central Act or a State Act and owned or controlled by the State Government,\n(iii) such class of local authorities as the State Government may by notification in the Official Gazette , specify;\n(j) \"Tribunal\" means the Gujarat public Works Contract Disputes Arbitration Tribunal constituted under Section 3;\n(k) \"Works contract\" means a contract made by the State Government or the public undertaking with any other person for the execution of any of its works relating to construction, repairs or maintenance of the building or superstructure, dam, weir, canal, reservoir tank, lake, road, well, bridge, culvert, factory or work shop or of such other work of the State Government or, as the case may be of the public undertaking as the State Government may by notification in the Official Gazette , specify, and includes-\n(i) a contract made for the supply of goods relating to the execution of any of such works,\n(ii) a contract made by the Central Stores Purchase Organisation of the State Government for purchase of sale of goods.\nChapter II\nConstitution of Tribunal",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Establishment and constitution of Tribunal.",
            "chapter": null,
            "content": "(a) as the chairman unless he is or has been a Judge of High Court, and\n(b) as a member of the Tribunal unless he-\n(i) is, or has been, a district Judge, for at least five years, or\n(ii) is, or has been, a Secretary to the Government of Gujarat for at least three years, or\n(iii) is, or has been, a Chief Engineer of the Government of Gujarat for at least three years.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Terms and conditions of service of Chairman and other members of Tribunal.",
            "chapter": null,
            "content": "(a) in the case of the Chairman, the age of sixty-five years; and\n(b) in the case of any other member the age of sixty-two years, whichever is earlier,\n(b) The Chairman or any member shall not be removed for his office before the expiry of the term of his office except by an order of the State Government on the ground of proved misbehaviour or incapacity after an inquiry made by the Chief Justice of the High Court in which such Chairman or other member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.\n(c) The inquiry clause (b) shall be made in such manner as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Vacancy and temporary absence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Staff of Tribunal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Headquarters of Tribunal.",
            "chapter": null,
            "content": "Chapter III\nReference to and Procedure of Tribunal",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Reference to Tribunal and making of award.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Practice and procedure of Tribunal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Tribunal to have powers of Court.",
            "chapter": null,
            "content": "(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of documents;\n(c) issuing commissions for the examination of witnesses;\n(d) any other matter which may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Review of award of Tribunal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Revision.",
            "chapter": null,
            "content": "(a) to have exercised a jurisdiction not vested in it by law, or\n(b) to have failed to exercise a jurisdiction so vested, or\n(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Bar of jurisdiction of Courts.",
            "chapter": null,
            "content": "Chapter IV\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Proceedings before Tribunal to be judicial proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Members and staff of Tribunal to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Application of sections 4 and 12 of the Limitation Act, 1963.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Extension of period of limitation in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Protection of period of limitation in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Power to remove difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Rules.",
            "chapter": null,
            "content": "(a) the salaries and allowances payable to and other terms and conditions of service of the Chairman and other members under sub-section (2) of Section 4;\n(b) the manner of inquiry to be made under clause (b) of sub-section (3) of Section 4;\n(c) the salaries and the allowances payable to and other conditions of service of the officers and servants of the Tribunal under sub-section (2) of Section 6;\n(d) the forms in which reference shall be made and the documents and other evidence and the fees with which it shall be accompanied under subsection (1) of Section 8;\n(e) any other matter in respect of which the Tribunal may exercise powers of Civil Court under clause (d) of Section 10;\n(f) any other matter which is to be or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Arbitration Act to cease to apply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Repeal and Savings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        }
    ],
    "metadata": {
        "Act ID": "guj169",
        "Act Number": "Gujarat Act No. 4 of 1992",
        "Enactment Date": "",
        "Act Year": "1992",
        "Short Title": "The Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:52:49"
}