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सामग्री प्रबंधन विभाग |
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पूर्वोत्तर सीमांत रेलवे: मालीगाँव , गुवाहाटी - 781011 , असम , भारत |
MATERIALS MANAGEMENT DEPARTMENT |
MATERIALS MANAGEMENT DEPARTMENT |
NORTHEAST FRONTIER RAILWAY : MALIGAON |
| GUWAHATI - 781011, ASSAM, INDIA |
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| FAQ 1 What are provisions in Indian Railway Standard conditions of contract regarding settlement of disputes ? |
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The conditions for settling a dispute have been provided under Clause 2900 of I.R.S. Conditions of contract, which is explained below -
In the event of any dispute arising under the conditions of the contract, the same shall be referred to the sole arbitrator or a Gazetted Railway Officer appointed to be arbitrator, by the General Manager, in the case of contracts entered into by the Railways. The officer to be appointed to be an arbitrator will not be one of those, who had an opportunity to deal with the contract in the course of their duties or expressed views on all or any of the matters under dispute. In the event of the arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason or his award being set aside by the court for any reason, it shall be lawful for the authority appointing the arbitrator to appoint another arbitrator in the manner aforesaid. No person other than the person appointed by the authority should act as arbitrator and that if for any reason that is not possible, the matter is not to be referred to arbitration at all. The arbitrator may, from time- to-time, with the consent of all the parties to the contract, enlarge the time for making the award. Upon every and any such reference, the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator. Subject as aforesaid, the Arbitration Act, 1996 and the rules thereunder and any statutory modifications thereof for the time being in force, shall be deemed to apply to the arbitration proceedings under this clause. The venue of arbitration shall be the place from which the acceptance note is issued or such other place, as the arbitrator at his discretion, may determine. In this clause, the authority, to appoint the arbitrator includes, if there be no such authority, the officer who is for the time being discharging the functions of that authority, whether in addition to other functions or otherwise. |
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