Wednesday, 4 September 2019

Enforcement of various provisions of the Arbitration and Conciliation (Amendment) Act, 2019

Ministry Of Law & Justice
Enforcement of various provisions of the Arbitration and Conciliation (Amendment) Act, 2019.

04 SEP 2019

The Arbitration and Conciliation (Amendment) Act, 2019 was notified on 9th August, 2019. Sub-Section 2 of Section 1 of the Arbitration and Conciliation (Amendment) Act, 2019 provides as under:-

“(2) Save as otherwise provided in this Act, it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.”

The Central Government by exercising powers conferred under sub-section 1 of the Arbitration and Conciliation (Amendment) Act, 2019, appoints the 30th August, 2019, for enforcement of the following Sections of the Arbitration and Conciliation (Amendment) Act, 2019:-

(i) Section 1;

(ii) Section 4 to 9 [both inclusive];

(iii) Section 11 to Section 13 [both inclusive];

(iv) Section 15.


Necessary Gazette Notification in this regard has been issued by the Central Government. In pursuance of the above notification, the section 17, 23,29A, 34, 37, 45 and 50 of the Arbitration and Conciliation Act, 1996 (the Act) stand amended. Also three new sections namely 42A, 42B, and 87 stand inserted in the Act. The insertion of section 87 is with retrospective effect i.e. 23rd October, 2015, with a view to clarify the applicability of the said cut-off date on arbitration and related court proceedings.

PIB

Railways – Remuneration to Railway Officers acting as Arbitrators

Railways – Remuneration to Railway Officers acting as Arbitrators

Railways

Remuneration to Railway Officers acting as ArbitratorsGOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. 2019/Trans Cell/ S&T/ Suggestions from GMs

Dated: 02.09.2019

The General Manager, All Indian Railways/ PUs, NF(Con), CORE
The DG/RDSO/Lucknow, DG/ NAIR/ Vadodara
CAOs, DMW/Patiala, WPO/Patna, COFMOW/ NDLS, RWP/ Bela, CAO/IROAF

Sub: Remuneration to Railway Officers acting as Arbitrators.

Ref:

    Railway Board’s letter no. E(G) 2010 HO 1/20 dated 11.09.2010.
    Railway Board’s letter no. E(G)2004 1101-2 dated 24.02.2004.
    GM/SR’s Letter No. G.203/P/SOP/CRB dated 31.01.2019.

With reference to GM/SR’s letter at (3) above and Board’s letter at (1) above, Board (FC & CRB) have approved the following:

Enhancing the honorarium paid to Railway Servants appointed to act as Arbitrator from Rs 500/- per day to Rs 1000/- per day and from Rs 250/- per half day to Rs 500/- per half day subject to a maximum of Rs 20,000/- per case.

Other extant instructions/guidelines issued from Board on the subject remains unchanged or as modified from time to time.

This issues with the concurrence of Associate Finance of Transformation Cell of Railway Board.

Kindly acknowledge the receipt and ensure compliance.

(Umesh Balonda)
Executive Director/S&T
Transformation Cell

(Sanjeeb Kumar)
Executive Director Accounts
Transformation Cel

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