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  "title": "Capital Development Authority (Abatement of Arbitration Proceedings) Act, 1975",
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  "text": "Page 1 of 4 \r\n \r\n \r\n \r\nTHE CAPITAL DEVELOPMENT AUTHORITY (ABATEMENT OF \r\nARBITRATION PROCEEDINGS) ACT, 1975 \r\n \r\n \r\n \r\nCONTENTS \r\n \r\n1.  Short title and commencement \r\n2.  Definitions \r\n3.  Abatement of proceedings before arbitrators, etc. \r\n4.  Limitation \r\n \r\n\r\n \r\n \r\nPage 2 of 4 \r\n \r\nTHE CAPITAL DEVELOPMENT AUTHORITY (ABATEMENT OF \r\nARBITRATION PROCEEDINGS) ACT, 1975 \r\nACT No. XXVII of 1975 \r\n[5th March, 1975] \r\nAn Act to provide for the annulment of certain references to arbitration and abatement of certain \r\narbitration proceedings \r\n WHEREAS the Capital Development Authority has entered into agreements with certain \r\npersons for the execution of certain projects and other works required to be undertaken by it under \r\nthe Capital Development Authority Ordinance, 1960 (XXIII of 1960),  and for the supply of goods or \r\nlabour or the performance of certain obligations; \r\n AND WHEREAS such agreements provide for reference of disputes arising therefrom to \r\narbitration; \r\n AND WHEREAS pursuant to the aforesaid provision of the said agreements, certain disputes \r\nbetween the Capital Development Authority and the said persons have been, or may hereafter be, \r\nreferred to arbitration, either by the parties themselves or by order of a Court; \r\n AND WHEREAS the references made to arbitration pursuant to such agreements have failed \r\nto achieve the objects for which provision for such references was made; \r\n AND WHEREAS it is necessary that the references to arbitration in which the Capital \r\nDevelopment Authority is a party be annulled and the proceedings before the arbitrators be abated, \r\nand necessary provisions consequent upon such annulment and abatement be made; \r\n It is hereby enacted as follows:___ \r\n 1. Short title and commencement.___(1) This act may be called the Capital Development \r\nAuthority (Abatement of Arbitration Proceedings) Act, 1975.  \r\n (2) It shall come into force at once. \r\n 2. Definitions.___ (1) In this Act unless there is anything repugnant in the subject or \r\ncontext,___ \r\n(a)  “Authority” means the Capital Development Authority established under the \r\nCapital Development Authority Ordinance, 1960 (XXIII of 1960); and \r\n(b)  “contractor” means any person, firm or company, not being a foreigner or a \r\nforeign firm or company, who or which has entered into an agreement with the \r\nAuthority for the execution of any projects or works, or for the supply of any \r\ngoods or labour or for the performance of any obligation, and includes a sub-\r\ncontractor. \r\n (2) Words used but not defined in this Act shall respectively have the same meanings as are \r\nassigned to them in the Arbitration Act, 1940 (X of 1940). \r\n \r\n \r\nPage 3 of 4 \r\n \r\n 3. Abatement of proceedings before arbitrators, etc.—(1) Notwithstanding anything \r\ncontained in any law for the time being in force, or any order of a Court or any agreement,— \r\n(a)  any provision in an agreement entered into before the coming into force of this \r\nAct by or on behalf of the Authority and a contractor relating to the execution \r\nof any project or works or to the supply of any goods or labour or to the \r\nperformance of any obligation, providing for reference to arbitration of any \r\ndispute arising out of the agreement or any term or condition thereof shall \r\nstand abrogated and annulled and be of no effect; \r\n(b)  all arbitration proceedings in pursuance of any such agreement as is referred to \r\nin clause (a), whether the reference to arbitration was made by consent of the \r\nparties thereto, by order of a Court or otherwise, pending before an arbitrator \r\nor arbitrators or an umpire immediately before the coming into force of this \r\nAct shall forthwith abate and, save as hereinafter provided, shall be of no \r\neffect; \r\n(c)  any award made by an arbitrator, arbitrators, or umpire in pursuance of any \r\nsuch agreement as is referred to in clause (a) shall, unless the award has been \r\nmade the rule of the Court, or partly or wholly implemented or acted upon, \r\nstand annulled and be of no effect, and any proceedings in respect of such \r\naward, if pending immediately before the coming into force of this Act, shall \r\nabate; \r\n(d)  all proceedings in relation to an application made to a Court for referring a \r\ndispute to arbitration pursuant to an agreement referred to in clause (a) shall \r\nabate, and any order made by a Court on such application referring the dispute \r\nto arbitration shall be of no effect; and \r\n(e)  any dispute referred to arbitration the proceedings whereof have abated by \r\nreason of the provisions of this section shall be decided in accordance with the \r\nprovisions of the law for the time being in force. \r\n(2) The fees to be paid to an arbitrator, arbitrators or an umpire in respect of the proceedings \r\nwhich have abated or an award which has been annulled, under sub-section (1) shall, unless mutually \r\nagreed to by such arbitrator or arbitrators or umpire, the Authority and the contractors, be of such \r\namount, and shall be payable by the Authority or the contractors, or in such proportion by the \r\nAuthority and the contractors, as the Court having jurisdiction to adjudicate in the matter of the \r\ndispute referred to arbitration may determine on application made to it in this behalf by the arbitrator, \r\narbitrators or umpire, as the case may be. \r\n (3) In determining the fees to be paid to an arbitrator, arbitrators or an umpire under sub-\r\nsection (2), the Court shall take into consideration the stage of the proceedings before the arbitrator, \r\narbitrators or the umpire, as the case may be, at which such proceedings abated under this section: \r\n Provided that the fees so determined shall in no case exceed the fees agreed upon by the \r\nAuthority and the contractors at the time of making the reference to arbitration or at any time \r\nthereafter and consented to by the arbitrator, arbitrators or umpire, as the case may be. \r\n \r\n \r\nPage 4 of 4 \r\n \r\n 4. Limitation.—In computing the period of limitation prescribed for a suit or application \r\nrelating to any dispute to which the provisions of sub-section (1) of section 3 apply, the time \r\ncommencing on the date— \r\n(a)  of the execution of an agreement of reference to arbitration by the Authority \r\nand the contractor; \r\n(b)  of the making of a reference to arbitration; or \r\n(c)  of the making of an application to a Court for referring dispute to arbitration; \r\nand ending immediately before the coming into force of this Act shall be excluded :  \r\n Provided that nothing in this section shall be deemed to have the effect of extending the \r\nperiod of limitation for a suit or an application where such period had expired prior to the execution \r\nof an agreement or the making of a reference or an application as is referred to in clause (a), clause \r\n(b) or clause (c). \r\n \r\n________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n       RGN Uploaded on 29.1.2024",
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