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 Wardha Sewagram Nagpur fourth line

Issued by Ministry of Railways · Construction Organization / Central Railway

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Executive Summary & Key Takeaways

## Policy Analysis Report: Appointment of Arbitrators for Wardha-Nagpur 4th Railway Line Project **1. Executive Summary:** This report analyzes a notification from the Ministry of Railways, Government of India, published on March 16, 2022. The notification appoints Additional Collectors of Nagpur and Wardha districts as arbitrators for the Wardha-Nagpur 4th railway line project in Maharashtra. This appointment is made under Section 20F of the Railways Act, 1989, and its amendment in 2008. The core purpose is to facilitate the execution, maintenance, management, and operation of the special railway project by providing a mechanism for dispute resolution related to land acquisition and other related issues. The key finding is the specific assignment of responsibility to the Additional Collectors for arbitration in their respective districts. **2. Introduction:** This report aims to provide an informative overview of a notification (S.O. 1190E) issued by the Ministry of Railways concerning the appointment of arbitrators for the Wardha-Nagpur 4th railway line project. The analysis is based solely on the information presented within the provided policy text. **3. Policy Overview:** * **Nature:** New Policy (Specific application of existing law) * **Core Objective(s):** The core objective, as inferred from the text, is to facilitate the progress of the Wardha-Nagpur 4th railway line project by establishing a clear and accessible arbitration mechanism for resolving disputes arising during its execution, maintenance, management, and operation. The specific objective is to appoint arbitrators as per Section 20F of the Railways Act, 1989. **4. Background and Rationale:** The policy addresses the need for a structured dispute resolution process in railway projects, particularly those designated as "special railway projects." The appointment of arbitrators ensures that any disagreements, likely related to land acquisition, compensation, or other project-related matters, can be resolved efficiently, thereby minimizing delays and ensuring the smooth implementation of the Wardha-Nagpur 4th line. This is important because railway projects have large upfront costs and long operational timelines, making dispute resolution a very important issue. **5. Key Provisions / Changes:** This notification details the appointment of arbitrators for a specific railway project, therefore it is an application of the general provisions of the underlying acts: * **Appointment of Arbitrators:** The core provision is the appointment of the Additional Collectors of Nagpur and Wardha districts as arbitrators. * **Jurisdiction:** The Additional Collector of Nagpur will serve as the arbitrator for issues within Nagpur district, and the Additional Collector of Wardha will serve as the arbitrator for issues within Wardha district. * **Legal Basis:** The appointments are made under the authority granted by subsection 6 of Section 20F of the Railways Act, 1989, as amended in 2008. This places the appointments within the framework of existing law governing railway projects and dispute resolution. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders directly affected by this notification include: * **The Additional Collectors of Nagpur and Wardha:** They are directly assigned the responsibility of arbitration. * **The Central Railway:** The project implementing agency will directly interact with the arbitrators. * **Landowners and other affected parties in Nagpur and Wardha districts:** These parties may be involved in disputes related to the project and will utilize the arbitration mechanism. * **Contractors and sub-contractors:** These parties have commercial relationships with the Central Railway, and could be involved in disputes. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Railways is the issuing authority. The Central Railway is the implementing agency for the Wardha-Nagpur 4th line project. The Additional Collectors are responsible for arbitration within their respective districts. * **Timelines/Procedures:** The appointments are effective from the date of publication of the notification in the Official Gazette (March 16, 2022). Specific procedures for initiating arbitration are not detailed in this text but would likely be governed by the Railways Act, 1989, and related rules and regulations. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes and impact of these appointments include: * **Efficient Dispute Resolution:** A faster and more localized mechanism for resolving disputes related to the Wardha-Nagpur 4th line project. * **Project Progress:** Reduced delays due to quicker resolution of conflicts, leading to smoother project execution. * **Fairness and Transparency:** Providing a structured and legally backed process for addressing grievances. * **Improved Stakeholder Relations:** A clear arbitration process can improve relationships between the railway authorities and affected parties. **9. Conclusion:** The Ministry of Railways' notification concerning the appointment of arbitrators for the Wardha-Nagpur 4th railway line project is a significant step toward facilitating the project's successful completion. By designating the Additional Collectors of Nagpur and Wardha districts as arbitrators, the notification establishes a clear and accessible dispute resolution mechanism, promoting efficiency and fairness. This contributes to the overall objective of enhancing railway infrastructure and connectivity in the region.

Key Entities Referenced

Railways Act, 1989: An Act of the Indian Parliament related to railways. Specifically, subsection 6 of Section 20F is referenced. Railway amendment Act, 2008: Amendment to the Railways Act. Central Government: The government of India. Wardha-Nagpur 4th line: A special railway project. Maharashtra: A state in India where the railway project is located. Nagpur: A district in Maharashtra, India, involved in the railway project. Wardha: A district in Maharashtra, India, involved in the railway project. Additional Collector, Nagpur: Officer appointed as arbitrator for Nagpur district. Additional Collector, Wardha: Officer appointed as arbitrator for Wardha district. Ministry of Railways: The ministry responsible for railways. Central Railway: A zone of the Indian Railways, issuing the notification. Mumbai: City in Maharashtra; place of notification for Central Railway. Manoj Sharma: Chief Admin. Officer Construction
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx ससीी..जजीी..--एएमम..एएxचचxx..G--अअID..E--x11x77x00 3322002222--223344225588 CCGG--MMHH--EE--1177003322002222--223344225588 असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 1150] नई ददल्ली, ब धवार, माच च16, 2022/फाल्ग न 25, 1943 No. 1150] NEW DELHI, WEDNESDAY, MARCH 16, 2022/PHALGUNA 25, 1943 रेल मत्रं ालय (मध्य रेलव)े अजधसचू ना म ंबई, 16 माचच, 2022 का.आ. 1190(अ)—केन्द्रीय सरकार, रेल अजधजनयम, 1989 (1989 का 24), एवं रेलवे (संिोधन) अजधजनयम 2008 (2008 का 11) (जिसे इसमें 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) म ें उल्लेजखत मध्यस्ट्थ को उक्त सारणी के स्ट्तंभ (3) म ें उल्लेजखत जिले के संबंध में महाराष्ट्र राज्य म ें ‘’वधा च - नागपर चौथी 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 1830 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. स.ं AQ/WR-NGP/चौथी लाइन/20F/माच/च I] मनोि िमाच, मख् य प्रिासजनक अजधकारी (जनमाचण) MINISTRY OF RAILWAYS (Central Railway) NOTIFICATION Mumbai, the 16th March, 2022 S.O. 1190(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 4th 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/Fourth 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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