Rashtriya Raksha University Tribunal of Arbitration (Employees) Statutes, 2025

RASHTRIYA RAKSHA UNIVERSITY

NOTIFICATION

New Delhi, the 7th May, 2025

F. No. RRU/REGI/Statutes/Tribunal of Arbitration/2025/513 (E).—In exercise of the powers conferred by clause (i) of section 36 read with sub-section (2) of section 37 and sub-section (5) of section 40 of the Rashtriya Raksha University Act, 2020 (31 of 2020), the Governing Body hereby makes the following Statutes, namely: –
CHAPTER I

1. Short title and commencement. – (1) These Statutes may be called the Rashtriya Raksha University Tribunal of Arbitration (Employees) Statutes, 2025.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions. – (1) In these statutes, unless the context otherwise requires,-

(a) “Act” means the Rashtriya Raksha University Act, 2020 (31 of 2020);

(b) “arbitral award” includes an interim, a partial or a preliminary and final award;

rashtriya_raksha_university_tribunal_of_arbitration_employees_statutes_2025

(d) “dispute” includes any dispute or difference of any kind whatsoever arising out of written contract between the employee or employees and the University;

(e) “request” means a communication in writing made by the employee to the Administrative Assistant appointed by the Tribunal of Arbitration to initiate arbitration proceedings in accordance with these Statutes;

(f) “Tribunal of Arbitration” means a Tribunal of Arbitration appointed in accordance with the provisions of section 40 of the Act;

(g) “umpire” means a person appointed by the Governing Body under section 40 of the Act.

(2) Words and expressions used herein and not defined, but defined in the Act, shall have the same meaning as assigned to them in the Act.

CHAPTER II

THE TRIBUNAL OF ARBITRATION

3. Composition of Tribunal of Arbitration. (1) The Tribunal of Arbitration shall consist of an umpire appointed by the Governing Body, one member appointed by the Executive Council and one member nominated by the employee concerned.

(2) The umpire appointed by the Governing Body and the member appointed by the Executive Council shall appoint an Administrative Assistant who shall carry out the administrative functions to assist the Tribunal and every correspondence and communication shall be addressed to the Tribunal of Arbitration through the Administrative Assistant.

4. Eligibility of Arbitrator. – A person shall not be qualified for appointment as Arbitrator unless he-

(a) has been a judge of High Court or a district judge; or

(b) has been an advocate for at least ten years; or

(c) has been an officer of the Indian Administrative Services or Indian Police Services or any other All India Services or Central Services Group ‘A’;

(d) has been an officer with degree in law having at least ten years of experience in the legal matters in the Government, Autonomous Body, Public Sector Undertaking or at a senior level managerial position in private sector.

CHAPTER III

5. Notice, communication and calculation of period of time. – (1) For the purposes of these Statutes, any notice, communication or proposal shall be in writing.

(2) The employee shall deliver the proposed notice, communication in writing personally or by registered post or courier service, or transmitted by any form of electronic communication (including electronic-mail and facsimile), or deliver by any other means that provides a record of its transmission to the Administrative Assistant.

(3) The notice, communication or proposal in writing shall be deemed to have been received if it is delivered to –

(a) the addressee personally; and

(b) the addressee’s residence or address as specified in the service records.

(4) If the places referred to in clause (1) cannot be found after making a reasonable inquiry, notice, communication in writing, of proposal shall be deemed to have been received if it is sent to the addressee’s last known place of residence or postal address by registered post or e-mail address, personal and official or by any other means which provides a record of attempted delivery.

(5) In the case of electronic communication, it shall be deemed to have been delivered when transmitted, with reference to the recipient’s time zone.

(6) For the purposes of calculating any period of time under these Statutes, such period shall begin to run on the day following the day when a notice, communication or proposal in writing is received or deemed to have been delivered.

(7) When the day next following such date is a non-business day, in the place of receipt, the time period commences on the first following business day.

(8) If the last day of such period is a non-business day at the place of receipt, the period is extended until the first business day which follows.

(9) Non-business days occurring during the running of the period of time are included in calculating the period.

(10) Where any party sends any communication in writing to the Tribunal of Arbitration, such communication shall be delivered by the party to the Tribunal of Arbitration through the Administrative Assistant in as many copies as are the members of the Tribunal of Arbitration besides the copy for opponent for record.

CHAPTER IV

PROCEDURE AND COMMENCEMENT OF ARBITRATION

6. Reference to Tribunal of Arbitration. – Where any employee requests in writing to the Administrative Assistant to refer any dispute or difference which has arisen out of or in relation to the employment, the Administrative Assistant shall refer the dispute to Tribunal of Arbitration in accordance with these Statutes.

7. Commencement of Arbitration. – Arbitration proceedings under these Statutes shall commence. –

(a) upon receipt by the Tribunal of Arbitration of the reference of dispute made pursuant to the request in writing so made by an employee to the Administrative Assistant in accordance with statute 6 to commence the arbitration; or

(b) on receipt of an order of the court referring the parties to arbitration upon the consent of the employee concerned to refer the dispute to Tribunal of Arbitration.

8. Particulars of request for Tribunal of Arbitration. – The request in writing shall contain the following information, namely: –

(a) the full names and contact details (including postal address, telephone number and mobile number, facsimile number and electronic mail address of the employee and its legal representatives or successor in interest, if any;

(b) particulars and description of the University and if the nature of dispute so requires, the name in full, description, contact details and address of any of the officers of the University with complete details including electronic-mail addresses and mobile numbers;

(d) statement of the relief sought; and

(e) the concurrence of the proposed member to be nominated by the employee in the Tribunal of Arbitration.

9. Communication to employee. – The Tribunal of Arbitration shall communicate its response to the employee within a period of fifteen days from the date of receipt of reference made by the Administrative Assistant in statute 7.

10. Grounds of challenge to appointment of Arbitrator. – Appointment of an Arbitrator may be challenged only if he does not possess the qualifications specified in statute 4.

11. Replacement of Arbitrator. – (1) Upon death, resignation, permanent incapacity to function or for any other special circumstances, the Arbitrator or Arbitrators appointed by the Executive Council or the Governing Body or nominated by an employee may be replaced by the Executive Council or the Governing Body or by an employee as the case may be.

(2) In the event of Arbitrator being appointed by the Executive Council or an umpire appointed by the Governing Body desires to vacate the office as a member of Tribunal of Arbitration, such an Arbitrator or an umpire shall communicate in writing to the Vice-Chancellor at least one month before of his intention to vacate the office.

(3) In case of failure to replace the Arbitrator by an employee in any of the eventualities specified in clause (1) within a period of twenty-one days from the date on which the office of the Arbitrator falls vacant, the reference of dispute to arbitration shall stand terminated.

12. Statement of Claim. – (1) The party making the request, shall file his statement of claim and documents within a period of twenty-one days from the date of receipt of the response from the Tribunal of Arbitration as per statute 9.

(2) The statement of claim shall, inter alia, include the following details, namely:-

(a) a statement of facts supporting the claim;

(b) legal grounds or arguments supporting the claim; and

(3) In case, the claimant fails to comply with any of the aforesaid requirements, the Tribunal of Arbitration may fix such time limit as it may deem fit and proper but not exceeding a period of fifteen days within which the claimant shall comply, failing which, the reference shall be deemed to have been terminated.

13. Filing of written statement and counter-claim. – (1) On receipt of the statement of claim, the respondent shall submit his written statement and counter-claim, if any, to the Tribunal of Arbitration within a period of twenty-one days with the. –

(a) confirmation or denial of all or part of the claim made by the claimant in the statement of claim;

(b) comments in response to the nature and circumstances of the dispute giving rise to the claim contained in the statement of claim;

(d) statement describing the nature and circumstances giving rise to any counter-claim, if any, including all relevant or supporting documents.

(2) The Tribunal of Arbitration may, on sufficient grounds made out explaining the delay, grant an extension of time for filing written statement and counter-claim, if any, to the respondent, upon payment of such costs as may be deemed appropriate and within such time as may be specified.

(3) The request for extension of time shall be entertained only once and such extension shall not exceed fifteen days at a time.

(4) If the respondent fails to file his written statement and counter-claim, if any, the Tribunal of Arbitration shall proceed further in accordance with the Statutes.

(5) Within fifteen days of receipt of written statement or counter-claim, the claimant shall file its rejoinder failing which his right to file a rejoinder shall stand forfeited unless the Tribunal of Arbitration, for reasons to be recorded in writing on the application of the claimant, extends time for filing a rejoinder which shall not exceed fifteen days.

14. Authority to represent and assist party. – (1) Each party shall inform, in writing, the other party and the Tribunal of Arbitration-

i. name and address of the person who shall represent or assist him; and

ii. capacity in which such person shall act.

(2) The party or his representative shall communicate in writing with the Tribunal of Arbitration, wherever necessary.

15. Arbitration schedule. – (1) After the completion of the pleadings by the parties, the Tribunal of Arbitration shall fix a time-table for the conduct of the arbitration and shall communicate it to each party.

(2) The time-table shall specify –

(a) the period within which the parties would file statement of witnesses by way of affidavit which shall be treated as their depositions made in examination-in-chief;

(b) the dates when the Tribunal of Arbitration shall record oral evidence to be adduced by the parties by way of cross examination of the witnesses who have tendered their affidavit (treated as their deposition in examination-in-chief deposition) and such other oral depositions as the Tribunal of Arbitration may permit; and

(3) The time-table so fixed shall remain firm and binding on all concerned.

(4) In the absence of any specific provision in these Statutes, the parties are free to agree on the procedure to be followed by the Tribunal of Arbitration in conducting its proceedings.

16. Hearing procedure and venue. – (1) Unless otherwise agreed between the parties in writing, the Tribunal of Arbitration shall hold oral hearings.

(2) The Tribunal of Arbitration may on its own or at the request of the parties conduct online hearings.

(3) Unless the Tribunal of Arbitration decides otherwise, the venue of arbitration shall be the Rashtriya Raksha University Campus, Lavad, Gandhinagar, Gujarat.

(4) After the conclusion of evidence and hearing, the Tribunal of Arbitration shall pronounce the award on a date which shall be intimated to the parties.

(5) The award shall be made within a period of six months from the date on which the Tribunal of Arbitration commences the Arbitration proceedings.

(6) The parties may, by consent, extend the period of six months for a further period of not exceeding three months.

(7) If the award is not made within the period specified in clauses (5) and (6), the mandate of the Arbitrators shall terminate, unless it is extended by the Governing Body for a period not exceeding thirty days.

CHAPTER V

PROCEDURE FOR ARBITRATION

17. Summary procedure. – (1) Notwithstanding anything contained herein, the parties may mutually agree, in writing, adopting the summary procedure for resolution of their disputes or differences.

(2) In adopting the summary procedure, the parties shall inform the Tribunal of Arbitration in writing to the effect that they shall dispense with the necessity of oral evidence.

(3) In case of summary procedure adopted by the parties, the Tribunal of Arbitration shall as far as possible make its award within thirty days after conclusion of oral address by the parties.

18. Appointment of experts. – (1) The Tribunal of Arbitration or the parties may. –

i. appoint one or more experts to advise or opinion on specific issues to be determined by the Tribunal of Arbitration; and

ii. require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for inspection.

(2) If a party so requests or if the Tribunal of Arbitration deems it necessary, the expert shall, after submitting his advice or opinion, participate in an oral hearing where the parties have the opportunity to examine and question the witness as regards his report.

(3) The fees and costs of any expert appointed by a party shall be borne by the party appointing him.

(4) If the expert is appointed by the Tribunal of Arbitration, the fees and costs of such appointment, unless otherwise directed by the Tribunal of Arbitration, shall be paid by the University.

(5) Any person appointed as an expert shall be an independent person.

19. Application for adjournment. – (1) Any party seeking adjournment or change in the time-table fixed for the arbitration proceedings shall file a request in writing, supported by reasons and documents, if any, and the Tribunal of Arbitration may grant the same after recording its reasons in writing and the Tribunal of Arbitration may impose cost as it may deem fit.

(2) The Tribunal of Arbitration shall however keep in view the time schedule fixed for completion of the Arbitration Proceedings while considering the prayer for adjournment.

20. Confidentiality. – (1) The parties and the Tribunal of Arbitration shall at all times treat all matters relating to the proceeding and the award as confidential.

(2) A party or any Arbitrator shall not, without the prior written consent of all the parties, disclose to a third party any such matter except –

(a) for the purpose of making an application to any court of any State to enforce or challenge the award;

(b) for the purpose of pursuing or enforcing a legal right or claim;

(d) in compliance with the request or requirement of any regulatory body or other authority; or

(e) pursuant to an order by the Tribunal of Arbitration on application by a party with proper notice to the other parties.

21. Resolution of dispute by settlement. – (1) The Tribunal of Arbitration may endeavour to resolve the dispute between an employee and the University by amicable settlement before adjudicating the rights of the parties and passing of final award if the Tribunal of Arbitration so deems fit and proper and the said endeavour shall be made by the Tribunal of Arbitration only upon the consent in writing from the parties.

(2) If the parties settle the dispute amicably through conciliation, the same shall be reduced into writing and shall be forwarded to the Tribunal of Arbitration, which shall, on receipt of such settlement in writing make an award on the basis of such settlement.

(3) The award as passed to record settlement between the parties should contain an express statement on its face
that it is an award made at the parties’ joint request and with their consent.

22. Arbitrators fees: – (1) An umpire appointed by the Governing Body or a member appointed by the Executive Council in the constitution of Tribunal of Arbitration shall be paid by the University.

(2) The fees to be paid to the member nominated by an employee in the constitution of Tribunal of Arbitration shall be borne by the employee concerned.

23. Form and contents of arbitral award. – (1) An arbitral award shall be made in writing and shall be signed by the members of Tribunal of Arbitration.

(2) The award of the Tribunal of Arbitration shall be made by the majority of members.

(3) Unless otherwise agreed by the parties in writing, an arbitral award shall state the reasons upon which it is based, along with the date on which it was made and the seat of arbitration.

(4) After the arbitral award is made, a signed copy shall be delivered to each party, as soon as possible and additionally, a copy may also be sent electronically through electronic mail.

(5) The Tribunal of Arbitration may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitration award.

(6) The Tribunal of Arbitration shall have the power to pass such further and other orders including the order for costs and interest, if so required, as may be deemed fit and proper.

24. Correction of award. – (1) A party may within thirty days of receipt of an award, by notice in writing to the other party, request the Tribunal of Arbitration to correct in the award any error in computation, any clerical or typographical error or any error of a similar nature.

(2) The other party may comment on such request within fifteen working days of its receipt.

(3) If the Tribunal of Arbitration considers the request to be justified, it shall make the correction within thirty days of receipt of the request.

(4) Any correction, made in the award or in a separate memorandum, shall constitute part of the award.

(5) The Tribunal of Arbitration may correct any error of the type referred to in clause (1) on its own initiative within thirty days of the date of the award.

25. Termination of proceedings. – (1) The arbitration proceeding shall be terminated by the final arbitral award or by order of the Tribunal of Arbitration under clause (2).

(2) The Tribunal of Arbitration shall issue an order for the termination of the arbitration proceedings where –

(a) the claimant withdraws his claim;

(b) the parties agree on the termination of the proceedings; and

(c) the Tribunal of Arbitration finds that the continuation of the proceedings has, for any other reason, become unnecessary or impossible.

CHAPTER VI

GENERAL PROVISIONS

26. Stamp duty. – The stamp duty payable on the award shall be borne by the parties equally.

Dr. DHARMESHKUMAR D. PRAJAPATI,
Registrar
[ADVT.-III/4/Exty./111/2025-26]

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