CONTENTS - Central Public Works Department

SECTION 35
(4) All the documentary evidence in the case has to be examined carefully and placed before the
Arbitrator as the situation and circumstances in each hearing demands, stressing the points of the
Department to counter act the contractor’s claim(s).
(5) Where the contractor’s claims are based on entries in the Measurement Books recorded by our
own officer who may have colluded with the contractor and made false entries, it is necessary that
sufficient evidence contesting the correctness or veracity of the entries in the Measurement Books
should be placed before the Arbitrator in support of the contention of the Department and extra
care should be taken in such cases with regard to selection of the witnesses and evidence that is
to be placed before him.
35.10 Techno-Legal Units
(1) The Techno-Legal Units handle all arbitration cases where the claim amount exceeds Rs. 30 lakhs
(Modified as per OM/MAN/200) (excluding interest). Cases pertaining to Regions of Additional
Director General (S&P) and Additional Director General (TD) are handled by the Superintending
Engineer (TLQA) in the headquarters (called the ‘Core Unit’), and those pertaining to other Regions,
by the Superintending Engineer (TLCQA)/Director Works of the concerned Region.
(2) The Techno-Legal Units are required to take up the cases as soon as CSF/SF is prepared by the
Department and is vetted by the concerned Superintending Engineer. These Units scrutinize the
CSF/SF and render necessary advice to the Executive Engineer/Superintending Engineer regarding
defence of the case. The Executive Engineer/Superintending Engineer should, however, continue
to follow the procedure of getting the CSF/SF vetted further by the Counsel.
(3) The Techno-Legal Units scrutinize the cases of acceptance or otherwise of arbitration award in
the power of Additional Director General and Director General (Works) and render necessary
advice. The Chief Engineers may also seek their advice in such cases.
(4) The Core Unit also deals with the cases of appointment of Arbitrator other than the designated
Arbitrators of the Ministry of Urban Development, correspondence regarding legal opinion/opinion
of the Senior Counsel and suggestions for modifications to the existing Rules and Procedures,
and any clarifications needed.
(5) The Techno-Legal Units are required to examine the awards with a view to check:
(a) Whether the case has been properly defended before the Arbitrator, and
(b) Whether there are any lapses on the part of concerned officials due to which the award has
gone against the department.
(6) The Techno-Legal Units shall bring such cases to the notice of the Chief Engineer for appropriate
action.
35.11 Production of official documents before Court/Arbitrator and claiming ‘Privilege’ concerning
the same
(1) In the course of legal/arbitration proceedings, the Court/Arbitrator may either themselves or at the
instance of the opposite party, require production of official records, e.g. files, correspondence,
registers or the other documents which are supposed to have a bearing upon the case. While the
Court/Arbitrator may require production before them of any document relevant to the case, it must
be borne in mind that in terms of Sections 123, 124 of the Indian Evidence Act, the Government is
permitted ‘ to claim privilege for not producing documents, the disclosure of which may be considered
detrimental to public interest. Such privilege may invariably be claimed in respect of all “unpublished
records” of the Government i.e. documents which have not come to the knowledge of the other
party. For this purpose “Notes Portion” of a file and all communications and letters other than
those emanating from or sent to the party (original or copies) should be treated as “Unpublished”
records of the Govt. in respect of which privilege, as aforesaid, can be claimed. This will be done
by producing before the Court/Arbitrator a declaration, signed by the Director General (Works)/
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