Date: 2022-03-16Category: Extra OrdinaryState: Union GovernmentCountry: 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 Wardha Sewagram Nagpur third line
## Policy Analysis Report: Appointment of Arbitrators for Wardha-Nagpur 3rd Line Railway Project
**1. Executive Summary:**
This report analyzes a notification from the Ministry of Railways regarding the appointment of arbitrators for the Wardha-Nagpur 3rd line special railway project in Maharashtra. The notification, published on March 16, 2022, appoints Additional Collectors of Nagpur and Wardha districts as arbitrators to perform specific functions related to the execution, maintenance, management, and operation of the railway project. This report outlines the policy's objectives, key provisions regarding the appointment of arbitrators, affected stakeholders, and potential implications for the execution of the Wardha-Nagpur 3rd line project.
**2. Introduction:**
The purpose of this report is to provide an informative analysis of a government notification related to the Wardha-Nagpur 3rd line railway project. The analysis is based solely on the text of the notification published in the Gazette of India on March 16, 2022.
**3. Policy Overview:**
This is a new policy instrument focused on specific appointments.
* **Core Objective(s):** The core objective, as inferred from the text, is to facilitate the execution, maintenance, management, and operation of the Wardha-Nagpur 3rd line special railway project by establishing a clear mechanism for dispute resolution through the appointment of arbitrators.
**4. Background and Rationale:**
As a new policy, the notification likely addresses the need for a structured dispute resolution process within the Wardha-Nagpur 3rd line railway project. The appointment of arbitrators at the district level suggests an intent to resolve potential issues related to land acquisition, construction, or other project-related matters efficiently and locally. The policy aims to ensure the smooth progression of the special railway project, which is likely vital for infrastructural development in the region.
**5. Key Provisions / Changes:**
This is a new policy, therefore:
* The main provision is the *appointment* of the Additional Collectors of Nagpur and Wardha districts as arbitrators.
* The arbitrators are appointed to "perform the functions as such authority under the said Act [Railways Act, 1989]". This implies that their role involves settling disputes arising during the project's lifecycle, following the guidelines outlined in the Railways Act.
* The appointment is effective from the date of publication of the notification in the Official Gazette (March 16, 2022).
* The arbitrators' jurisdiction is limited to the respective districts (Nagpur and Wardha) concerning the Wardha-Nagpur 3rd line railway project.
**6. Target Audience and Stakeholders:**
Based on the text, the primary stakeholders directly affected by this policy include:
* **Ministry of Railways:** The implementing authority of the policy.
* **Central Railway:** The railway zone responsible for the project's execution.
* **Additional Collectors of Nagpur and Wardha:** The appointed arbitrators.
* **Contractors and Subcontractors:** Involved in the construction and maintenance of the railway line.
* **Landowners:** Whose land is affected by the railway project within Nagpur and Wardha districts.
* **Local communities:** Residing in the vicinity of the railway line who might be impacted by the project.
**7. Implementation Aspects (Inferred):**
* **Responsible agency/bodies:** Ministry of Railways and Central Railway are the primary responsible bodies. The Additional Collectors act as the arbitrators.
* **Timelines or procedures:** The notification lacks specific timelines. However, it states that the appointment is effective from the date of publication. The procedures for arbitration would likely follow the provisions of the Railways Act, 1989, and related regulations. The reference to Section 20F of the Railways Act, 1989 indicates that this is related to land acquisition disputes, although the policy text doesn't explicitly mention land acquisition.
**8. Expected Outcomes / Impact of Changes:**
As a new policy, the intended outcomes are likely to include:
* **Efficient Dispute Resolution:** The presence of designated arbitrators should expedite the resolution of disputes, preventing delays in project implementation.
* **Reduced Litigation:** Arbitration can serve as an alternative to lengthy and costly court proceedings, leading to quicker settlements.
* **Improved Project Execution:** By addressing disputes promptly, the project can progress more smoothly and efficiently.
* **Stakeholder Confidence:** A transparent and accessible dispute resolution mechanism can enhance confidence among stakeholders, including landowners and contractors.
**9. Conclusion:**
The Ministry of Railways' notification regarding the appointment of arbitrators for the Wardha-Nagpur 3rd line railway project is a significant step towards ensuring the smooth and efficient execution of this infrastructure project. By designating Additional Collectors as arbitrators, the policy aims to facilitate local and timely resolution of disputes, minimize delays, and foster stakeholder confidence. The effectiveness of this policy will depend on the arbitrators' ability to impartially and efficiently address the various disputes that may arise during the project's lifecycle, in accordance with the Railways Act, 1989.
Key Entities Referenced
Railways Act, 1989: An act of the parliament of India
Railway amendment Act, 2008: An amendment to the Railways Act
Central Railway: A zonal railway in India
Wardha Nagpur 3rd line: A special railway project
Maharashtra: A state in India, where the railway project is located
Nagpur: A district in Maharashtra, relevant to the railway project
Wardha: A district in Maharashtra, relevant to the railway project
Manoj Sharma: Chief Administrative Officer Construction
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
xxxGIDHxxx
सी.जी.-एम.एxचxx.G-अID.E-x1x7x0 32022-234266
CG-MH-E-17032022-234266
असाधारण
EXTRAORDINARY
भाग II—खण् ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 1149] नई ददल्ली, ब धवार, माच च16, 2022/फाल्ग न 25, 1943
No. 1149] NEW DELHI, WEDNESDAY, MARCH 16, 2022/PHALGUNA 25, 1943
रेल मत्रं ालय
(मध्य रेलव)े
अजधसचू ना
म ंबई, 16 माचच, 2022
का.आ. 1189(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 मे प्रकािन की तारीख से, नीचे दी गयी सारणी के
स्ट्तंभ (2) मे उल्लेजखत मध्यस्ट्थ को उक्त सारणी के स्ट्तंभ (3) मे उल्लेजखत जिले के संबंध में महाराष्ट्र राज्य मे ‘’वधा च -
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 करने के जलए सक्षम
प्राजधकारी के रूप मे जनयक्त करती ह ैI
1829 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
2. अपर जिलाजधकारी, वधाच वधाच
[फा.सं.AQ/WR-NGP/तीसरी लाइन/20F/माचच/I]
मनोि िमाच, म ख्य प्रिासजनक अजधकारी (जनमाणच )
MINISTRY OF RAILWAYS
(CENTRAL RAILWAY)
NOTIFICATION
Mumbai, the 16th March, 2022
S.O. 1189(E)—In exercise of the powers conferred by sub-section (6) of Section 20F of the Railways Act,
1989 (24 of 1989) 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 Wardha - 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
2. Additional Collector, Wardha Wardha
[F. No: AQ/WR-NGP/Third Line/20F/March/I]
MANOJ SHARMA, Chief Administrative 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.