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PMA Cell

Department of Public Enterprises

Permanent Machinery of Arbitration (PMA) Cell

After considering a note dated 08-05-1987 prepared by the Department of Legal Affairs the Committee of Secretaries in its meeting held on 26-06-1987 suggested that a Permanent Machinery of Arbitration should be set up in DPE(erstwhile BPE) to settle all commercial disputes (excluding disputes on income -tax, customs and excise) between PSEs inter se and between a PSE and a Government Department. Accordingly, DPE prepared a note which was concurred in by the Department of Expenditure and the Department of Legal Affairs. The same was approved by the Cabinet in its meeting held on 24-02-1989. Thereafter, Permanent Machinery of Arbitration (PMA) was set up in the Department of Public Enterprises (DPE) for resolving commercial disputes between CPSEs inter-se as well as between a CPSE and a Central Government Department / Ministry / Bank / Port Trust (excluding disputes on income -tax, customs and excise) in 1989. Later on in 2004 disputes concerning to railways were also excluded from the purview of PMA.

2. The disputes are required to be referred to DPE for its reference to the Arbitrator of PMA. Secretary, DPE on being satisfied with the prima facie existence of a dispute, refers the dispute to the Arbitrator of the PMA for arbitration. The Arbitration Act 1996 is not applicable in these cases. No outside lawyer is allowed to appear on behalf of either party for presenting/defending the cases. But the parties can take help of their own full time law officers.

3. The Arbitrator issues notices to parties concerned for submission of facts of the case and their claims and counter claims. The parties argue their case before the Arbitrator. Based on written records and oral evidence, the Arbitrator publishes an award. An appeal against the award of the Arbitrator can be made before the Secretary, Ministry of Law, for setting aside or revision of the award. The decision of the Secretary, Ministry of Law is final and binding on the parties. No further appeal can be made in any Court of Law/Tribunal against the decision. The status of cases dealt with in PMA Cell is as under:-

PMA Cell
क्र.सं. शीर्षक Number विवरण
1 01-04-2016 को लंबित मामलों की कुल संख्या 49
2 इस अवधि के दौरान संदर्भित नए मामलों की कुल संख्या 12
3 2016-17 की अवधि के दौरान निर्णीत मामलों की कुल संख्या 09 डाउनलोड (केबी) pdf
4 2016-17 की अवधि के दौरान अनिश्चित काल के लिए स्थगित मामले 07
5 01-04-2017 की स्थिति के अनुसार अनिश्चित काल के लिए स्थगित मामले की कुल संख्या 22 डाउनलोड (1.11 MB) pdf
6 01-04-2017 की स्थिति के अनुसार पीएमए में लंबित मामलों की कुल संख्या 45 डाउनलोड (2.08 MB) pdf
7 01-04-2017 की स्थिति के अनुसार अनिश्चित काल के लिए स्थगित मामलों सहित लंबित मामलों की कुल संख्या 66
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