Remedium

NO ARBITRATION CLAUSE IN GOVERNMENT CONTRACTS HAVING VALUE OF 10 CRORES AND ABOVE

Guidelines for Arbitration and Mediation in Contracts of Domestic Public Procurement

Ministry of Finance by it Office Memorandum No. F. 11212024-PPD dated 03.06.2024 has issued guidelines for contracts of domestic procurement by the Government and by its entities and agencies (including Central Public Sector Enterprises [CPSEs], Public Sector Banks [PSBs] etc. and Government companies) stating:

a) Arbitration as a method of dispute resolution should not be routinely or automatically included in procurement contracts/ tenders, especially in large contracts.
b) As a norm, arbitration (if included in contracts) may be restricted to disputes with a value less than Rs. 10 crore.
c) ln matters where arbitration is to be resorted to, institutional arbitration may be given preference.
d) Government departments/ entities/ agencies are encouraged to adopt mediation under the Mediation Act, 2023 and/ or negotiated amicable settlements for resolution of disputes.
e) Mediation agreements need not be routinely or automatically included in procurement contracts/ tenders. The absence of a mediation agreement in
the contract does not preclude pre-litigation mediation. Such a clause may
be incorporated where it is consciously decided to do so.

For more detail, please refer below link:

https://lnkd.in/dmyD7ZAB

lnkd.in

In a case titled State v. Deepak, FIR no. 1610/15, Prakash, one of the accused in this case was granted bail in December 2015 for an amount of Rs. 50k which he was unable to pay as he is from very poor background and languishing in jail despite enlarged on bail. I came to know about this and moved an application for waiver of surety amount and quoted some Supreme Court case which says surety amount should not be excessive. Judge was convinced with the arguments and reduced the surety amount to 10k. He can now come out of jail.

Every prevalent law in our country is a true reflection of our social fabric, lifestyle, culture and thought process of the human kind. One of the examples is the introduction of Maintenance & Welfare of Parents & Senior Citizens Act, 2007, because ageing has become a major social problem due to erosion of traditional norms and values also of the Indian society. It is also due to withering of the joint family, sometimes not by choice but under compulsion, has worsened this situation and number of elderly are not being looked after their family thus they are forced to spend their twilight years all alone without emotional and financial support.
Parliament has passed this Act for the welfare and maintenance of the parent and elderly citizen and even I support this Act as a step forward for their well being but there is something which we all to revisit and give a anxious thought as to why this Act was felt necessary to be passed!!!!
And the simple answer to the question is that we the younger generation somehow and somewhere failed to take this responsibility for our parents who always stood by us and have sacrificed their life for our betterment and happiness. Though there is already provision in Code of Criminal Procedure, 1973 for the maintenance of the parents but somehow desired result would not come because of the long drawn legal process with burdened judiciary. Consequently this Act has come in effect in 2007 to address this worrying situation, but we all must remember this is a corrective measure and not preventive one and I am pretty sure this Act is not going to help them much so the situation demands twofold solution of this problem i.e; younger generation has to understand the value of their parents emotional and financial need and try to inculcate their children to respect their parent otherwise we all have same fate ahead and secondly we have legal recourse also. We all have to understand this and to take preventive action because prevention is better than cure.
AND I being a responsible citizen of this country appeal to this society to report such case to nearby police station and help them out or report to our NGO VIDHIPUNJ FOUNDATION.