Section 2 in Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008
2. Definitions.
- In this Act unless the context otherwise requires -(a)"Arbitration Act" means the Arbitration and Conciliation Act, 1996;(b)"Arbitration Clause" means a clause in the works contract to submit present or future differences to arbitration;(c)"Bench" means a bench of the Tribunal;(d)"Chairman" means the Chairman of the Tribunal;(e)"Dispute" means any difference relating to any claim arising out of the execution or non-execution of the whole or part of a contract for works or services or both including the rescinding thereof;(f)"Member" means a member of the Tribunal and includes the Chairman;(g)"Party" means a party to a works contract or a service contract and includes its successors, executors, administrators or assignees;(h)"prescribed" means prescribed by rules made under section-20;(i)"public undertaking" means(1)any company as defined in Section 3 of the Companies Act, 1956 in which not less than fifty one percent of the paid up share capital is held by the State Government or any company which is a subsidiary (within the meaning of the Act) of the first mentioned company.(2)Any corporation (not being a company as defined in Section 3 of the Companies Act, 1956) or a local authority established by or under a Central Act or a State Act and owned and/or controlled by the State Government.(3)Such class of local authorities as the State Government may, by notification in the Official Gazette, specify;(j)"Tribunal" means the Bihar Public Works Contract Disputes Arbitration Tribunal constituted under Section 3;(k)"Works contract" means a contract made by the State Government or a public undertaking with any other person for the execution of any of its works relating to construction, repairs or maintenance of any building or superstructure, dam, weir, canal, reservoir, tank, lake, road, all types of bridge, culvert, factory or work shops or of such other work of the State Government or, as the case may be, of the public undertaking, as the State Government may, by notification in the Official Gazette, specify and includes -(i)a contract made for the supply of goods relating to the execution of any of such works or for supply of any other goods irrespective of whether it is required for any specific project or work or any type of consultancy services/service providers.(ii)Contracts made for the supply of services relating to the execution of any of such works; including consultancy services for preparation of DPR's; supervision; project advisory, quality assurance, Project Management or any other management services.(iii)Words and expressions used and not defined in this Act, but defined in the Arbitration Act, shall have the meanings assigned to them in the Arbitration Act.
