Azadi Ka

Amrit Mahotsav
No. 2023/RS(G)/779/5(E 3424366)
Government of India
Ministry of Railways
(Railway Board)
G2
HT 2023 INDIA
Dated: 16.06.2023

The General Managers, All Indian Railways/PUs, NF(C), CORE

DG/RDSOLucknow, NAIRNadodara
PCAO, PLWIPatiala, COFMOW
CAO,WPO/Patna, RWP/Bela
CMDs/ MDs of Indian Railway PSUs/ Autonomous Bodies / Societies

Sub: Vivad se Vishwas Il(Contractual Disputes).

Ref: PPD/DoE/MoF's OM No. F.1/7I2022-PPD dated 29.5.2023.(copy enclosed)

1.0 Vide DoE OM referred above,Govemment has decided to implement a one time setlement scheme
called "Vivad se Vishwas Il (Contractual Disputes)" to effectively settle pending
disputes. The scheme willapply to contractual disputes where one of the parties is either the
Govemment of India and/ or an organisation detailed below. Apart from Ministries/ Departmernts,
attached and subordinate bodies,notwithstanding anything contained in Rule 1of the GFRs 2017,
the scheme shallalso be applicable
a. to allAutonomous Bodies of the Government of India;
b. to public sector banks and public sector financial institutions;
C. to all Central Public Sector Enterprises;
d. to Union Teritories without legislature and all agencies/ undertakings thereof; and
e. to allorganisations, lke Metro Rail Corporations, where Govemment of India has shareholding of
50%;however, these organisations can opt out of the scheme at their discretion, with approval of the
Board of Directors

2.0 Disputes where the award by court Arbitral Tribunal (AT) is only for monetary value wil be eligible for
settlement under this scheme. In case the awardstipulates specific perfomance of contract (either
fully or partially);: such awards willnot be eligible for settlement through this scheme.
3.0 Cases shall satisfy following criteria to be eligible for setlement under this scheme:

Status of dispute The award shallhave been issued upto the following date
Arbitral Award passed 31.01.2023.

Court Award passed 30.04.2023.

16623
4.0 The scherme willbe applicable only to those contractors who wish to participate in the scheme. Cental
Public Sector Enterprises (CPSEs) etc., who are contractors to the procuring entities as listed above, are
also eligible to submit their clains under thís scheme.
5.0 The scheme shallapply only for cases ínvolvingdomestic arbitration and cases under international
arbitration are not eligible to be setted under this scheme.
6.0 The scherne shall be applicable to allkinds of procurement including procurement of goods, services
and works. The scheme is also applicable to all "earning contracts" (e. contracts where govemment
receives money in exchange for goods, services, rights, etc.) as well as contracts under Public Private
Partnership (PPP) arrangements.
7.0 The settlement amount that shallbe offered to Contractors for various categories of disputes are
stated at Para 10of the DoE OM. For Court Award passed on or before 30.04.2023, the settlement amount is 85%
of the net amount and for Arbitral Award passed on or before 31.01.2023, the settlement amount is 65% of the net
amount subject to the criterion mentoned under the scheme.
8.0 Contractors should subrnit their claims through Govemment e-Maketplace (GeM), for which GeM wil
provide a dedicated link on their portal for irnplementation of this scheme. The link/ portal will provide
funcionality to contractors to register their claims through their authorized personnel. For non- GeM contracts
of Ministry of Railways, contractors should register their caims on IREPS (www.ireps.qov.in). The
information regarding contracts for vhich clain is to be lodged on IREPS willbe provided on GeM as wellas
IREPS. Broad features of the portal is detailed at Para 14 of the scheme.
9.0 The date of commencement of the scheme shallbe 15.07.2023 and claims can be submitted by
31.10.2023.

CRIS shall make the system ready accordingly. Necessay action may be taken in this regard.
This is issued with the concurrence of Finance dte. of Ministry of Railways
Enc: As above
16-6-23
( Chandan Kumar )
Director Railway Stores (|C)
Railway Board

No. 2023/RS(G)779/5(E 3424366) Dated: 16.06.2023

1. PFAs, AllIndian Railways &Production Units

2. The ADAI (Railways), New Delhi
3. The Directors of Audit, All Indian Railways
For Member Finance
Railway Board
LIST FOR DISTRIBUTION

Directors of allCTIs,
CMDs/ MDs of Indian Railway PSUs/ Autonomous Bodies / Societies
PCMMs, PCEs, PCMEs, PCEEs, PCSTES. All Indian Railways &PUs, COFMOW, CORE, WPO/Patna
and RWPIBela
Sr. Prof. (Material Management), NAIR, Vadodara, ED (Stores), RDSO,
Chief Commissioner, Railway Safety, Lucknow
Zonal Railway Training lnstitute, Sukadia Circle, Udaipur

Copy to:
The Genl. Secy.,AIRF, Room No. 248, &NFIR Room No. 256-C, Rail Bhavan
The Secy. Gen., RPOF, Room No. 268., FROA, Room No. 256-D &AIRPOA, Room No. 256-D Rail
Bhavan

Copy to:
PSOs/Sr. PPSs/PPSs/ PSs to:
MR, MOSR(D), MOSR(U)
CRB&CEO, M(TRS), M(Infra), M(O88&BD), M(F), Secretary/RB, DG (RHS), DG (RPF), DG(HR),
DG(Safety)
Advisor/MR, EDPGIMR, OSD/MR, OSD/Coord/MR and Addl PS/MR
All AMs, PEDs &Executive Directors of Railway Board

Is623