(1) In this Act, unless the context otherwise requires:- 2(a) “Arbitration Act” means the Arbitration Act, 1940 (No.10 of 1940) (repealed Act) or the Arbitration & Conciliation Act, 1996 (No.26 of 1996), whichever is applicable”;
(b) “Bench” means a Bench of the Tribunal constituted under Section 9;
3[(c) “Chairman” means the Chairman appointed under Section 4;]
4[(d) “dispute’ means claim of ascertained or ascertainable money valued at Rupees 50,000 or more relating to any difference arising out of the execution or non-execution of a works contract or part thereof;]
5[(dd) “Judicial Member” means a Member possessing the qualifications prescribed under clause (i) or (ii) of sub-section (3) of Section 4;]
(e) “member” means a member of the Tribunal appointed under Section 4;
(f) “Party” shall include successors, executors, administrators or assignee;
6[(g) “Public Undertaking” means a Government Company within the meaning of clause (45) of Section 2 of the Companies Act, 2013 (No.18 of 2013) and includes a corporation or other statutory body by whatever name called in each case, wholly or substantially owned or controlled by the State Government;
1. w.e.f. 1.3.1985 under Notification F. no. 16-1-1984 XXI-B dated 12.2.85 of the State Govt.
Law Deptt.
2 Subs Act No. 17 of 2014 (w.e.f. 04.09.2014) 3 Subs. by M.P. Act No.36 of 1995 (w.e.f. 31-10-1995).
4 Subs. by M.P. Act No. 18 of 2019 (w.e.f. 24-8-2019).
5 Ins.by M.P. Act No. 36 of 1995 (w.e.f. 31-10-1995).
6 Subs. by M.P.Act No.17 of 2014 (w.e.f. 4.9.2014).
5
Explanation.— For the purposes of this Act, societies and authorities controlled by the State Government shall be deemed to have been included in the term “Corporation”.
(h) “Tribunal” means an Arbitration Tribunal constituted under Section 3 and includes a Bench thereof constituted under Section 9;
1[(i) “works-contract” means an agreement in writing or a letter of intent or work order issued for the execution of any work relating to construction, repair or maintenance of any building or superstructure, dam, weir, canal, reservoir, tank, lake, road, well, bridge, culvert, factory, work-shop, powerhouse, transformer or such other works of the State Government or Public Undertakings or of the Corporations of the State as the State Government may, by notification, specify in this behalf at any of its stages, entered into by the State Government or by an official of the State Government or by Public Undertakings or Corporation or by any official of the State Government for and on behalf of such Corporation or Public Undertakings and includes an agreement for supply of goods or material and all other matters relating to the execution of any of the said works and also includes the services so hired for carrying out the aforesaid works and shall also include all concession agreement, so entered into by the State Government or public undertakings or Corporation, wherein a State support is involved or not.” 2[The agreements in writing for the execution of the work relating to construction, repair or maintenance of electric lines, water supply and sewerage/drainage system shall also be “works contract”]
(2) Words and expressions used but not defined in this Act, but defined in the Arbitration Act shall have the meanings assigned to them in the Arbitration Act.
CHAPTER II CONSTITUTION OF THE TRIBUNAL