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THE CHHATTISGARH MADHYASTHAM ADHIKARAN (SANSHODHAN) ADHINIYAM, 2005
THE CHHATTISGARH MADHYASTHAM ADHIKARAN (SANSHODHAN) ADHINIYAM, 2005
[Act No. 3 of 2005]
[ 19th January, 2006]
PREAMBLE
An Act further to amend the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983.
Be it enacted by the Chhattisgarh Legislature in the Fifty-sixth Year of the Republic of India as follows:--
Section 1 - Short title
This Act may be called the Chhattisgarh Madhyastham Adhikaran (Sanshodhan) Adhiniyam, 2005.
Section 2 - Amendment of Section 7-B
After sub-section (2) of Section 7-B of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 (No. 29 of 1983) (hereinafter referred to as the Principal Act.), the following sub-section shall be added, namely:--
"(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."
Section 3 - Amendment of Section 19
For sub-section (1) of Section 19 of the Principal Act, the following sub-section shall be substituted, namely:--
"(1) The High Court may suo moto at any time or on an application for revision made to it within three months of the award by an aggrieved party, call for the record of any case in which an award has been made under this Act by issuing a requisition to the Tribunal, and upon receipt of such requisition the Tribunal shall send or cause to be sent to that Court the concerned award and record thereof:
Provided that any application for revision may be admitted after the prescribed period of three months, if the applicant satisfies the High Court that he had sufficient cause for not preferring the revision within such period.
Explanation.-- The fact that the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this sub-section."
