Railway land arbitration

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Railway land arbitration

The Foreign Affairs ministries of Singapore and Malaysia announced the news of the award — delivered by the tribunal on Thursday — in a joint statement on Friday. A development charge is a tax levied on the enhancement in land value when planning permission is granted. These include links in transport connectivity, and trade and investment. However, ina landmark land swop deal negotiated between Prime Minister Lee Hsien Loong and his Malaysian counterpart Najib Razak broke the year impasse.

Under the swop, three plots of railway land in Tanjong Pagar, Kranji and Woodlands, and another three plots in Bukit Timah, would be exchanged for four parcels of land in Marina South and two parcels of land in Ophir-Rochor.

These developments resulted in the last train pulling out of Tanjong Pagar station in June as part of the implementation of the POA. But one outstanding issue remained: over who had to foot the development charge bill for three parcels of former Malayan Railway land in Tanjong Pagar, Kranji and Woodlands.

Both neighbours agreed to settle the matter amicably through arbitration, under the auspices of the Permanent Court of Arbitration at The Hague in the Netherlands. They also agreed to accept the arbitration award as final and binding, and submitted the issue to the Court, which acted as the registry, in January The arbitration proceedings were conducted in line with the procedural rules agreed to by Malaysia and Singapore, and before a three-person arbitral tribunal appointed by the countries.

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Zakir Hussain. Branded Content.An arbitral tribunal appointed by Malaysia and Singapore has decided that a joint investment company of the two countries will not be conditionally liable to pay development charges on the former Malayan Railway parcels of land in Keppel, Kranji and Woodlands. The two countries, in a statement issued by their foreign ministries, said they were satisfied with the arbitral process and had agreed to abide by and fully implement the decision of the tribunal.

It said the full and successful implementation of the PoA had paved the way for joint development projects and closer collaboration between Singapore and Malaysia. The prime ministers of Singapore and Malaysia announced in September that both countries had different views relating to the development charges on the three parcels of PoA land. The two leaders agreed to settle the issue amicably through arbitration and agreed to accept the arbitration award as final and binding.

Arbitral tribunal decides on Malayan Railway land in Keppel, Kranji, Woodlands – Bernama

In JanuarySingapore and Malaysia entered into an agreement, submitting the issue to final and binding arbitration. The Permanent Court of Arbitration acted as registry in this arbitration. The arbitration proceedings were conducted in accordance with the procedural rules agreed to by Malaysia and Singapore and before a three-person arbitral tribunal appointed by the countries. News Home. Follow us. The Malaysian Insider 31 October Our goal is to create a safe and engaging place for users to connect over interests and passions.

In order to improve our community experience, we are temporarily suspending article commenting. What to read next. Malay Mail. Yahoo Lifestyle SEA. The Wrap. South China Morning Post. Yahoo Canada Style. AFP News. Coconuts KL.The Railway Labor Actas it is applied today, is the culmination of over a century of experience with federal legislation governing labor relations of employers and employees engaged in the rail industry.

Its primary purpose is to promote and maintain peace and order in those relations as a means of avoiding interruptions in interstate commerce.

Arbitration in Railways

During this period, Congress developed a comprehensive policy for dealing with transportation labor problems, and the law probably represents the most advanced form of labor relations procedure in this country. While not exactly utopian, the Railway Labor Act imposes positive duties on both carriers and employees alike, defines the rights of the parties and makes provisions for the protection of such rights.

The Act also prescribes methods of settling various types of disputes, and sets up agencies for adjusting differences.

In order to understand the Railway Labor Act, it is important to briefly review the legislation that preceded its enactment. The first federal legislation dealing with railway labor relations was enacted by Congress in The law provided: 1 for voluntary ad hoc arbitration when both parties to the dispute agreed; and, 2 the president could establish boards of inquiry to investigate labor disputes that threatened to interrupt interstate commerce.

The boards of inquiry were to make a public report of the findings and to make recommendations. The Erdman Act of was the first law to place reliance upon the policy of mediation and conciliation by the government forth prevention of railroad labor disputes, with a temporary board for each case.

The investigation features of the Arbitration Act were repealed, but voluntary arbitration was retained as a second-line resolution procedure if mediation failed.

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Ina union requested mediation pursuant to the act, but the involved railroad refused to participate. The act was not used again until Between and61 cases were settled under the act, mostly by mediation. Inseveral changes were made in the Erdman Act which emphasized the importance of mediation.

railway land arbitration

These amendments later became known as the Newlands Act of The Newlands Act established a full-time Board of Mediation and Conciliation, and definitively placed the main reliance for settlement of disputes upon mediation. The board was also required, if dispute arose relative to the meaning or application of any agreement reached through mediation, to render an opinion when requested by either party to the dispute.

When mediation failed, improved arbitration procedures were available. The Adamson Act of was an attempt to settle dispute with respect to the basic eight-hour day by direct congressional action, when mediation failed and arbitration was refused and a nationwide rail strike was imminent.

The courts have held that the basic eight-hour day may be varied by union contract or individual agreement, if there is no union on the property for the craft involved. National Boards of Adjustment were created to settle, by arbitration, all disputes which arose due to interpretation of existing agreements.

The standard labor unions supported the national boards since grievance arbitration was taken out of the hands of local, company-dominated unions. The carriers did not favor the national boards since they had little control over unions at the national level. The Transportation Act of created the United States Railroad Labor Board of nine members there to represent, respectively, management, labor and the public with authority to hear and decide disputes not disposed of in conferences between representatives of the carrier and the employees.

Compliance with decisions of the board was not made obligatory, and therefore the board became ineffective. The next and last major law enacted to deal with rail-labor relations was the Railway Labor Act. As the various sections of the Railway Labor Act RLA are studied, it is obvious it has embodied provisions of the earlier acts that were proven effective through experience. The RLA imposes a positive duty upon all carriers and their employees subject to the act to make and maintain written agreements.

The relations between the carrier and employees are not to be governed by the arbitrary will or whim of management or the employees, but by written rules mutually agreed upon and equally binding on each. When disputes arise, the RLA mandates an equal responsibility on the representatives of the parties to the dispute to hold conferences for the purposes of settling the dispute.

The RLA provides that representatives shall be designated by the respective parties without interference, influence, or coercion by either party over the designation of representatives by the other; and neither party shall in any way interfere with, influence, or coerce the other in its choice of representatives. The parties are free to choose their representatives and to make such choices by whatever means the parties deem appropriate.

The RLA further guarantees the right of the employees to organize, and bargain collectively through their representatives. As mentioned earlier, it is the duty of each party to exert every effort to make and maintain agreements, and to hold conferences for the purpose of settling all disputes.

When a Section 6 Notice has been given, and while conferences are being held, or while a dispute is in the hands of the National Mediation Board, rates of pay, rules, or working conditions shall not be altered by the carrier until the controversy has been finally acted upon. If the railroad has any argument at all that the agreement s or implied agreement s practices permit the action, the only thing the union can do is take the dispute, in the form of claims denied by the highest designated railroad labor relations officer, to arbitration.

The railroad in that case ran a new type of train it was thinking about using half-way across the country with a crew of railroad officials. It did not claim the agreement permitted this. It did not claim the union had let it do so in the past to permit the practice.Year RBE No.

ACS No. Educational Qualification. Cashier promoted from the post of Sr. Clerk - Clarification reg. Review of Policy regarding re-engagement of Group - C Staff. II, Edition. User Manual. Filling up the post of Instructors in recognized Training Institutes - Clarification - reg. Stepping up of pay of Loco Inspectors appointed prior to Fixation of initial pay of Nursing Cadre in the revised pay structure - Circulation of Fixation Tables reg.

Revised training module of Non-Gazetted staff of Electrical Department. Fixation of Pay in case of employees transferred to a lower post on their own request under rule a 2 of IREC, Vol-I [FR a ] and subsequently promoted to higher post in the new the unit - clarification regarding.

Clarification of grant of Advance Incentive Increments to Sportspersons. Extension of the period of retention of Railway accommodation at the previous place of posting in favour of officers posted to East Central Railway. Railway Services Revised Pay Rules, - Clarification regarding fixation of pay under Rule 13 on promotion in various situations where feeder and promotional categories lie in same level in the Pay Matrix.

Inclusion of Officers promoted on the basis of Sports achievements in Trial Committee. Coverage under Railway Services Pension Rules,in place of National Pension System, of those Railway employees whose selection for appointment was finalized before Extension of the scheme of hiring of para-medical categories in Group - C on contract basis. Exclusion of the lock down period while adhering to the timelines in various administrative and quasi judicial processes.

Filling up the post of Instructors in recognized Training Institutes- Clarification reg. Selection trials for recruitment against sports quota. Payment on account of discontinued allowances- regarding. Guidelines for air travel on Official Tours; sending requests though e-mail only.

Minimum rates of wages and variable dearness allowance w. Provisional release of retirement benefits as per Rule 91 of Railway Service Pension Rules, regarding.

Clarification regarding educational qualification for promotion to the post of Jr. Cancellation of Periodical Transfer of Staff. Periodical Transfer of Railway employee - List of sensitive posts. Appointment on compassionate ground - Acquisition of higher qualification.

railway land arbitration

Protection of pay to the Central Government Servant consequent to appointment to a new post in different service or cadre in Central Government, through direct recruitment where either higher duties and responsibilities are involved or not, as the case may be, under FRB 1 Rules of IREC Vol.

Protection of pay in respect of candidates from PSUs, Universities, autonomous bodies, etc. Relaxation of Rule 96 of the Railway Services Pension Rules, for payment of provisional Family Pension on death of a Government Servant during service - regarding.

Filling up of posts in ongoing electrification projects undertaken by CORE.

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Revision of rates of stipend to apprentices and trainees on Railways. Aptitude Test earlier Psychological Test in departmental selection - Calling the candidates on or one day prior to the test.Arbitration can be defined as an inbuilt mechanism in contracts whether with Government Departments, Commercial, domestic or international whereby disputes arising out of contract between the parties can be resolved without going through the process of judiciary.

In India, Indian Arbitration and conciliation Act, came into force repealing the then Arbitration Act, which is considered to be more simple, straight and easy in its understanding and implementation.

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Indian Railways have a set of enabling provisions in contracts which are popularly known as Indian Railways Standard and General Conditions of Contract which have been thoroughly revised and published in July, This consists of 65 clauses and clauses 63 and 64 extensively deal with various rules and regulations relating to seeking arbitration to publishing award and amends to the award. You are commenting using your WordPress.

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railway land arbitration

Skip to content Arbitration can be defined as an inbuilt mechanism in contracts whether with Government Departments, Commercial, domestic or international whereby disputes arising out of contract between the parties can be resolved without going through the process of judiciary. The present write up covers following aspects: Reasons for disputes between parties to contract.

Procedure to seek reference to appointment of Arbitration Tribunal. Time limit envisaged for seeking Arbitration of claims. Excepted Matters. Appointment of tribunal by the General Manager Proceedings of Arbitration.

National Mediation Board

Publication of Arbitration Award. Amendments to Award Cost of Arbitration.

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Appeal against Award in appropriate court. Frequent changes introduced during tenure of contract. Non-finalisation of variation statements and finalisation of rated for increased quantities and additional items. Delays in taking measurements and arranging passing of bills. Inadequate funds availability leading to delays in payments. Not attending promptly the grievances of the contractor.

Improper fixation of completion time leading to number of extensions to currency of contract. Procedure to seek appointment of Arbitration Tribunal: Disputes may arise either during execution of contract or after completion of work. The final claims preferred for Arbitration should be item wise, amount of claim to be indicated for each claim.

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Time limit envisaged for seeking Arbitration : As per General Conditions of Contract, the contractor can demand for appointment of Arbitral Tribunal by the General Manager after making his final claims to administration and after completion of days, if no satisfactory reply is received. Clause No. Appointment of tribunal by the General Manager: General Manager may appoint Arbitration Tribunal within 60 days of the receipt of written demand seeking Arbitration from the Contractor.

The Tribunal may consist of sole Arbitrator in case of claims valuing up to Rs. In case of Tribunal consisting 3 Arbitrators, the Contractor will be asked to indicate 2 names from the panel as his nominee and balance will be nominated by the General Manager from the panel of eligible Officers in Railways. Proceedings of Arbitration: Arbitration proceedings are quasi-judicial in nature.

Equal and adequate opportunity is to be afforded to both parties to the dispute. No new claim should be allowed during arbitration proceedings but parties can supplement and modify their existing claims. Dates of hearing can be decided with the consent of parties.

Place and mode of hearings and language to be used to be decided with the consent of the parties. Finally, AT should obtain from the parties a certificate to the effect that they were given fair and adequate opportunity to represent their case in the proceedings of the arbitration tribunal.Choose your reason below and click on the Report button.

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railway land arbitration

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Abc Medium. Abc Large. New Delhi: The Rail Land Development Authority is offering large plots for commercial and residential development in Mumbai, New Delhi and Kolkata in a bid to get Rs 3, crore in revenue in this financial year.

The statutory body, a division of the railway ministry that develops vacant land for commercial use, has identified a 9, square metre plot at Mahalaxmi in Mumbai, a A landmark deal for the authority was the lease of Godrej Properties will pay the lease premium in eight interest-bearing instalments and also construct staff quarters.Total Penalties Scored - Settlement is based on total successfully converted penalties, not total penalties awarded.

A price is quoted for No Tryscorer. For this market try includes penalty try. Team to Score 1st and Match Result - Predict the team to score 1st combined with the match result, excluding extra-time if played.

In the event of the half or full time result ending in a Tie, then bets will be settled on Any Other option. The Tie is an option. Exact and Alternative - For settlement purposes the margin at full-time is used (Tie option is available). Race to Markets - Predict the team to reach a specified point total first (Neither option is available). The relevant half must be completed for bets to have action, unless the specific market outcome is already determined.

In-Play 2-Way Market Betting (Incl. The markets are:Handicap 2-Way (Incl. In-Play half bets exclude overtime if played. If no 1st or 2nd half try scored then bets will be settled as after. If no try then bets will be settled as after. Season BettingTop Tryscorer - Settled on regular season only (playoffs do not count). To Finish Bottom - Settled on team finishing bottom of table (regardless of whether they are relegated or not).

World Cup SpecialsTop Rugby Championship Team and Top Six Nations Team - Bets will be settled on the furthest progressing team in the competition. In the event of two or more teams reaching the same stage of the competition then dead-heat rules will apply.

The below markets include extra-time (if played in any games) for settlement purposes e. If a red card is awarded in extra-time in a tournament fixture, this will count towards the total tournament tally. To Win the Six Nations Outright - If two teams finish joint top of the Six Nations league on the same number of points then official competition rules will determine the winner for settlement purposes.

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All matches must be completed otherwise bets are void. Non-runner no-bet - With the exception of Ante-Post bets placed on any player who takes part in a given tournament's qualifying but fails to qualify for the main tournament.

Such bets will be deemed losers for settlement purposes. All participants in a given tournament will be priced to win the tournament outright. Each-way betting is available. In the event of a match starting but not being completed the player progressing to the next round or being awarded the victory will be deemed the winner for settlement purposes. In the event of the first frame not being completed bets will be void, unless the outcome has already been determined.

Settlement will be determined by official tournament data. Betting does not include foul shots.


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