Home India Ministry of Railways Publication of Gazette Notification for appointment of arbit...
Date: 2022-03-16 Category: Extra Ordinary State: Union Government Country: India

Publication of Gazette Notification for appointment of arbitrator under Section 20F6 of The Railways Act 1989 24 of 1989 for land acquisition special railway project Itarsi Nagpur Third line

Issued by Ministry of Railways · Construction Organization / Central Railway

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Executive Summary & Key Takeaways

## Policy Analysis Report: Appointment of Arbitrator for Itarsi-Nagpur 3rd Railway Line Project **1. Executive Summary:** This report analyzes a notification (S.O. 1187(E)) published in the Gazette of India on March 16, 2022, regarding the appointment of an arbitrator for the Itarsi-Nagpur 3rd railway line project in Maharashtra. The notification, issued by the Ministry of Railways, appoints the Additional Collector, Nagpur, as the arbitrator for disputes related to this project within Nagpur district. The key finding is that this appointment aims to facilitate the efficient execution, maintenance, management, and operation of the special railway project by providing a mechanism for dispute resolution as mandated by the Railways Act, 1989. **2. Introduction:** This report provides an overview and analysis of a notification concerning the appointment of an arbitrator for the Itarsi-Nagpur 3rd railway line project. The analysis is based solely on the text of the provided government policy document. **3. Policy Overview:** * This appears to be a new implementation policy related to a specific project and is not an amendment of an existing policy based on the text provided. * **Core Objective:** The core objective, as inferred from the provided text, is to appoint an arbitrator to ensure the smooth and efficient execution, maintenance, management, and operation of the Itarsi-Nagpur 3rd railway line project, specifically within the Nagpur district. This is achieved by establishing a mechanism for resolving potential disputes related to this special railway project. **4. Background and Rationale:** As a new policy implementation for a specific project, the likely problem this policy addresses is the potential for disputes arising during the execution, maintenance, management, and operation of the Itarsi-Nagpur 3rd railway line project. Without a pre-appointed arbitrator, disputes could lead to delays and increased costs. This policy proactively establishes a dispute resolution mechanism, aligning with the provisions of the Railways Act, 1989, and its subsequent amendments. The need for such a mechanism is especially pertinent given the nature of the project being a "special railway project," which likely requires expedited execution. **5. Key Provisions / Changes:** As this is a new implementation for a specific project: The primary provision of this notification is the appointment of the Additional Collector, Nagpur, as the arbitrator for the Itarsi-Nagpur 3rd line railway project within Nagpur district. This appointment is made under the authority granted by subsection 6 of Section 20F of the Railways Act, 1989, as amended by the Railway Amendment Act, 2008. The arbitrator's function is to perform the duties of such an authority as stipulated in the Railways Act for the specific purpose of execution, maintenance, management and operation of the said railway project. The appointment takes effect from the date of publication of the notification in the Official Gazette (March 16, 2022). **6. Target Audience and Stakeholders:** The target audience and stakeholders directly affected by this policy include: * **The Additional Collector, Nagpur:** The appointee who is responsible for acting as the arbitrator. * **Central Railway:** The agency responsible for the railway project's execution, maintenance, management, and operation. * **Contractors and other parties involved in the Itarsi-Nagpur 3rd railway line project:** These entities are subject to the arbitrator's decisions in case of disputes. * **Landowners in Nagpur district affected by the project:** They may be involved in disputes related to land acquisition or compensation. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Railways and Central Railway are the primary responsible bodies. The Additional Collector, Nagpur, acts as the appointed arbitrator. * **Timelines/Procedures:** The notification states that the appointment is effective from the date of publication (March 16, 2022). Specific procedures for initiating arbitration proceedings are not detailed in the text but are presumably governed by the Railways Act, 1989, and related regulations. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of this policy include: * **Efficient Dispute Resolution:** A readily available arbitrator will facilitate the quick and efficient resolution of disputes, minimizing delays and cost overruns. * **Expedited Project Completion:** By addressing potential disputes promptly, the policy contributes to the timely completion of the Itarsi-Nagpur 3rd railway line project. * **Compliance with Legal Requirements:** The policy ensures compliance with the provisions of the Railways Act, 1989, and its amendments, providing a legally sound framework for the project. **9. Conclusion:** The notification regarding the appointment of an arbitrator for the Itarsi-Nagpur 3rd railway line project represents a proactive measure by the Ministry of Railways to ensure the smooth and efficient execution of this special railway project. By establishing a clear dispute resolution mechanism, this policy aims to minimize potential delays and cost overruns, contributing to the successful completion of the project and compliance with relevant legal frameworks. The appointment of the Additional Collector, Nagpur, signifies the government's commitment to addressing potential conflicts and facilitating the overall success of the railway project.

Key Entities Referenced

Ministry of Railways: The government ministry responsible for railways. Central Railway: A zonal railway in India. Railways Act, 1989: A law related to railways, specifically Section 20F, subsection 6. Railway amendment Act, 2008: Amendment to the Railways Act. Central Government: The government appointing the arbitrator. Itarsi Nagpur 3rd line: A special railway project. Maharashtra: The state in which the railway project is located. Nagpur: A district in Maharashtra related to the railway project. Additional Collector, Nagpur: The appointed arbitrator for the railway project in Nagpur district. Manoj Sharma: Chief Admin. Officer Construction
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-एम.एxचxx.G-अID.E-x1x7x0 32022-234261 CG-MH-E-17032022-234261 असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 1147] नई ददल्ली, ब धवार, माच च16, 2022/फाल्ग न 25, 1943 No. 1147] NEW DELHI, WEDNESDAY, MARCH 16, 2022/PHALGUNA 25, 1943 रेल मत्रं ालय (मध्य रेलव)े अजधसचू ना म ंबई, 16 माचच, 2022 का.आ. 1187(अ)—केन्द्रीय सरकार, रेल अजधजनयम, 1989 (1989 का 24), एवं रेलवे (संिोधन) अजधजनयम 2008 (2008 का 11) (जिसे इसमे इसके पश्चात उक्त अजधजनयम कहा गया ह)ै की धारा 20 ‘च’ की उप-धारा (6) के अधीन प्रदत्त िजक्तयों का प्रयोग करते हुए इस अजधसूचना के रािपत्र म ें प्रकािन की तारीख से, नीचे दी गयी सारणी के स्ट्तंभ (2) में उल्लेजखत मध्यस्ट्थ को उक्त सारणी के स्ट्तंभ (3) म ें उल्लेजखत जिले के संबंध में महाराष्ट्र राज्य म ें ‘’इटारसी- नागपर तीसरी रेलव े लाइन को जविेष रेल पररयोिना” की बाबत ऐसी जविेष रेल पररयोिना के जनष्पादन, अन रक्षण, प्रबंधन और प्रचालन के प्रयोिन के जलए उक्त अजधजनयम के अधीन ऐसे प्राजधकारी के कृत्यों का पालन करन े के जलए सक्षम प्राजधकारी के रूप म ें जनयक्त करती ह ैI 1827 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] सारणी क्रम सख्ं या अजधकारी जिला (1) (2) (3) 1. अपर जिलाजधकारी, नागप र नागप र [फा.ं स.ं AQ/ET-NGP/तीसरी लाइन/20F/माचच/I] मनोि िमाच, म ख्य प्रिासजनक अजधकारी (जनमाचण) MINISTRY OF RAILWAYS (Central Railway) NOTIFICATION Mumbai, the 16th March, 2022 S.O. 1187(E)— In exercise of the powers conferred by sub-section (6) of Section 20F of the Railways Act, 1989 (24 of 1989) and Railway (amendment) Act,2008 (11 of 2008) (hereinafter referred to as the said Act), the Central Government hereby appoints the arbitrator mentioned in column (2) of the table below to perform the functions as such authority under the said Act, with effect from the date of publication of this notification of this notification in the Official Gazette, in respect of the special railway project of Itarsi - Nagpur 3rd line in the state of Maharashtra relating to district mentioned in column (3) of the said Table for the purpose of execution , maintenance, management and operation of such special railway project. TABLE S. No. Officer District (1) (2) (3) 1. Additional Collector, Nagpur Nagpur [F. No. AQ/ET-NGP/Third Line/20F/March/I] MANOJ SHARMA, Chief Admin. Officer (Construction) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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