Railway Accounts Department Examinations

Sunday, October 30, 2022

Arbitration & Conciliation


Arbitration & Conciliation

  • Settlement of Disputes - 3 Stages

  1. Conciliation.  If it fails, then


  1. Arbitration. If this one too fails, then

  1. Judicial proceedings


●     Authority: Click for Indian Arbitration & Conciliation Act, 1996. New Act is “Indian Arbitration & Conciliation Act, 1996 - Simple, straight and easy in its understanding & implementation. It repeals the Arbitration Act, 1929. 

●     Source: Clauses 63 & 64  Click for GCC for Works,2022 April  

  • 90 days - If the Contractor does not prefer his claims in writing within a period of 90 days of receiving the intimation from the Railways that the final bill is ready for payment, he will be deemed to have waived hi claim and the Railways shall be discharged and released all liabilities and under the contract in respect of these claims. 

What is Conciliation ?

  1.    The action of mediating between two disputing people.

2.    An alternative out of court dispute resolution instrument.

3.    An alternative to Arbitration too.

4.    The parties seek to reach an amicable dispute settlement.

5.    The Conciliator, a neutral third party assists the conciliation process.

6.    Voluntary proceedings. Both parties are free to agree to it.

7.    The process is flexible, allowing parties to define the time, structure and content of the conciliation proceedings.

8.     The ultimate decision to agree on the settlement remains with the parties. 



  1. Notice of Dispute:   By Contractor to Railways  - Within 30 days from the date of issue of Completion Certificate by Chief Engineer.

  2. Notify the name(s) of Conciliator(s) to the Contractor  - Within 30 days from the date of receipt of “Notice of Dispute”

  3. Conciliator(s) shall assist the parties to reach an amicable settlement in an independent and impartial manner within the terms of contract.

  4. During Conciliation proceedings - Parties shall not initiate any arbitral or judicial proceedings.  

  5. If parties reach an agreement due to the above efforts of Conciliator - Draw up and Sign a Written Settlement Agreement by all parties and Conciliator and it is final and binding for all.  

  6. Termination of Conciliation proceedings (Section 76 of ‘The Arbitration and Conciliation Act, 1996)   

  • By the signing of the settlement agreement by the parties, or

  • By a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, or

  • By a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated,  or

  • By a written declaration of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated.

 ● What is Arbitration?


1.    Use of an Arbitrator to settle a dispute between parties arising out of contract.

2.    An inbuilt mechanism in Contracts.

3.    Without going through the judiciary.


Who is an Arbitrator ?

 An Independent person or body officially appointed to settle a dispute.


Reasons for Arbitration cases


1.     Site not handed over in time due to delayed land acquisition.

2.    Non removal of Powerline crossings

3.    Non availability of P.Way materials

4.    Delay in obtaining clearances from Forest Dept, Environment ministry etc

5.    Not preparing plans/drawings/designs in advance.

6.    Inadequate delay in issuing instructions.

7.    Frequent changes in Scope, Design, Plans of work during the tenure of contract.

8.    Non finalization of variation statements

9.    Delay in making measurements and arranging passing of bills

10.  Inadequate funds availability leads to delay in payments

11.  Non attending grievances of contractor promptly

12.  Improper fixation of completion of time leading to number of extensions.

●     Excepted matters are not arbitrable. Clauses 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57A,61(1), 61(2) and 62(1) of Standard General Conditions of Contract or in any Clause (stated as excepted matter) of the Special Conditions of the Contract)  -  Decision of the Railway authority shall be final and binding on the Contractor.


  1. Clause 7(j) - Assignment or Subletting of Contract: Further, in case Engineer is of the view that subcontractor’s performance is not satisfactory, he may instruct the Contractor to remove the subcontractor from the work and Contractor has to comply with the above instructions with due promptness. Contractor shall intimate the actual date of discontinuation of subcontract to Engineer. No claim of Contractor whatsoever on this account shall be entertained by the Railway and this shall be deemed as ‘excepted matter’ (matter not arbitrable). 

  2. Clause 8 - Assistance by Railway for the Stores to be obtained by the Contractor:

  3. Clause 18 -Illegal Gratification, bribe, commission, gift or advantage provided by Contractor to the Railway Official.

  4. Clause 22(5) - Specifications and Drawings

  5. Clause 39 - Rates for extra items of work

  6. Clause 43(2) - After signing “No Claim Certificate” by Contractor

  7. Clause 45 (i)(a) - Measurement of Works by Railway:

  8. Clause 55 A (5) - Provisions of Contract Labour (Regulation and Abolition) Act, 1970

  9. Clause 57 - Provision of Workmen Compensation Act

  10. Clause 57 (A)- Provision of Mines Act:

  11. Clause 61(1) - Right of Railway to Determine the Contract

  12. Clause 61(2) - Payment on Determination of Contract

  13. Clause 62(1) -  Determination of Contract owing to Default of Contractor


Demand for Arbitration:

  • 120 to 180 days - If Railway fails to take a decision on Contractor’s claim within 120 days, Contractor shall make demand for Arbitration after 120 days but before 180 days from the date of Contractor’s claim


  •  In Writing

  • Specify the matters and claims

  • Within 30 days from the date of appointing Arbitral tribunal  - Claimant shall submit his/her claims with supportive documents.

  • Railway’s counterclaim  - 60 days from the date of appointing Arbitral tribunal.

  • Place of Arbitration:  Within Division or Hqrs or any other place with the written consent of both the parties. 


  • No new claim during the proceedings by either party. However either of the parties can amend or supplement the original claim or defense subject to the acceptance by the Tribunal. 


Cost of Arbitration  - borne by both parties equally.   

  • A party may apply for corrections of any computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of Tribunal and interpretation of specific point of award to Tribunal within 60 days of receipt of the award. 

  • Appointment of Arbitrators - Where applicability of Section 12(5) of Arbitration & Conciliation Act, 2015 (Arbitrator’s relationship with the parties or counsel ) has been waived off 

  • The serving Officer can continue as Arbitrator  in the Tribunal even after Retirement.

  • In case of Tribunal, comprising 3 members - Award shall be made by the majority of members of Tribunal.  In the absence of such a majority, the views of the presiding arbitrator shall prevail. 


Amount of Claim

No of Arbitrators



Up to Rs. one Crore


JAG and above

Above Rs. One Crore


3 JAG Officers & above


2 JAG Officers & above & 1 Retd SAG & above

  •  Appointment of Arbitrators - Where applicability of Section 12(5) of Arbitration & Conciliation Act, 2015 (Arbitrator’s relationship with the parties or counsel ) has not been waived off

Amount of Claim

No of Arbitrators



Up to Rs. 50 Lakhs


Retired SAG & above

Above Rs. 50 Lakhs


Retired 3 JAG Officers & above

Qualifications of Arbitrators: 

  1. Serving Gazetted officers of JAG & above 

  2. Retired Railway Officers of SAG & above , one year after his date of retirement

  3. Below 70 Years.


Liquidated Damages - LD in Works

 Liquidated Damages in Works 

● Source: Clause 17B of GCC 

● Levied for delay of Works due to Contractor i.e., Clause 17B of GCC (not due to by Railways or any other reason) 

● If the Contractor fails to complete the works within the time as specified in the contract for the reasons other than the reasons specified in Clause 17 and 17-A, Liquidated Damages / General Damages on Contractor. 

● Value of the Work - Value of Agreement including any supplementary agreement. 

Total LD - shall not exceed 5 % of the Value of the Work or total value of item or groups of items of work for which a separate distinct completion period is specified in the contract. 

● LD Rates  - As decided by the Engineer - Between 0.05 % to 0.30 % of Contract value of the work for each week or part of the week.  

● If the Railway is not satisfied that the works can be completed by the Contractor and in the event of failure on the part of the contractor to complete the work within further extension of time allowed as aforesaid, the Railway shall be entitled without prejudice to any other right or remedy available in that behalf, to appropriate the contractor’s Security Deposit and rescind/cancel the contract under Clause 62 of these Conditions, whether or not actual damage is caused by such default. 


Nageswara Rao 9492432160 

https://www.appendix3exam.com/ https://www.mcq.mcqrailways.com/

Friday, October 28, 2022

Deposit Linked Insurance Scheme

 DLI   - Deposit Linked Insurance Scheme

  • DLI stands for Deposit Linked Insurance  


  • Introduced w.e.f.,  08.01.1975 


  • Object: 1. To provide extra social security to the families of subscribers to SRPF  2. A positive incentive to Railway employees who save more (in their PF Account) 


  • Payment of Premium is not required. 


  • Minimum qualifying balance is as follows: 

Grade Pay

Minimum qualifying balance in the last 36 months at the credit of the PF account of the deceased employee. 

Grade Pay 4800 and above

Rs. 25000

Grade Pay 4200 to Grade Pay 4800

Rs. 15000

Grade Pay 1400 to Grade Pay 4200

Rs. 10000

Grade Pay 1300

Rs. 6000

  • Payment: The minimum balance available in PF account during the last 36 months subject to the ceiling limit of Rs. 60,000 will be paid to the heir of deceased employee. 

Example 1: Mr A whose Grade Pay is 4200 died on 05.01.2022.  His minimum balance in PF account during the last 36 months prior to January, 2022 is Rs. 16000.  So DLI payment to the heir of Mr A is Rs. 16000 

Example 2: Mr B whose Grade Pay is 1300 died on 05.01.2022.  His minimum balance in PF account during the last 36 months prior to January, 2022 is Rs. 5900.  Since the minimum balance i.e Rs.5900 is less than minimum required is Rs.6000, the heir of Mr B is not eligible for DLI.  

Example 3: Mr C whose Grade Pay is 4800 died on 05.01.2022.  His minimum balance in PF account during the last 36 months prior to January, 2022 is Rs. 72000.  So DLI payment to the heir of Mr C is Rs.60000 which is maximum under DLI scheme. 

Material for MCQ

  1. Maximum DLI to be paid is Rs.60000

  2. Payment of DLI is minimum balance in last 36 months subject to maximum of Rs.60000

  3. Qualifying period is 36 months

  4. DLI stands for Deposit Linked Insurance

  5. Introduced in the year 1975 

  6. Applicable to the SRPF subscribers only


Tuesday, October 25, 2022

RA - Railway Saloon

 Railway Saloon  - Home on Wheels

  • RA stands for Railway Saloon

  • Travel in an exclusive Railway Saloon to relive the era of the Raj


  • Facility provided by IRCTC on Charter


  • Ideal for those seeking privacy and exclusivity with their family or for newly married couples or  hosting meetings for business purposes.



  • For cooking fresh food while on Travel

  • Fully equipped with Utensils, Sink, Refrigerator, RO purified water

  • Will provide Cook and Provisions if required at additional cost.




  • Two AC Bedrooms 

  • One Twin Bedroom like in Hotel and another with two beds as in AC 1 coupe.

  • Attached bathrooms with hot / cold water, shower, water closet. 

  • Luggage racks, cupboards, writing table, dressing table etc. 

Living Cum Dining Room

  • Spacious AC room with Sofas, TV, Dining table 

Other features:

  • In addition to the Bedrooms, Every RA has 4 to 6 extra berths/beds for accommodating more people

  • One AC Attendant and one General Attendant  - available

  • RA can be attached from all major Stations in most Express Trains subject to technical feasibility.