Ministry of Defence

28.12.2016

Civil

Cantonments (Regulation of the Procedure of Committee of Arbitration) Rules, 2016 – draft

MANU/DEFN/0024/2016

The following draft of certain rules, which the Central Government proposes to make, in exercise of the powers conferred by clause (i) of sub-section (2) of section 346 of the Cantonments Act, 2006 (41 of 2006) and in supersession of the Cantonments (Regulation of Procedure of Committee of Arbitration) Rules, 1985, published in the Gazette of India, Part II, section 4, dated the 31st October 1985, except as respects things done or omitted to be done before such supersession, is hereby published as required by sub-section (1) of the said section 346 of the said Act for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules will be taken into consideration by the Central Government on or after the expiry of a period of sixty days from the date on which the copies of the Gazette of India in which this notification is published, are made available to the public. Any objection or suggestion which may be received from any person with respect to the said draft rules, before the expiry of the aforesaid period will be taken into consideration by the Central Government

DRAFT RULES

1. Short title and commencement.-

(1) These rules may be called the Cantonments (Regulation of the Procedure of Committee of Arbitration) Rules, 2016.

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

2. Definitions.-

In these rules, unless the context otherwise requires, -

(a) "Act" means the Cantonments Act, 2006 (41 of 2006);

(b) 'Committee of Arbitration' means the Committee of Arbitration constituted under section 327 of the Act;

(c) words and expressions used in these rules, but not defined and defined in the Act, shall have the same meanings assigned to them in the Act.

3. Procedure for filing arbitration application.-

The person claiming compensation under section 325 of the Act may apply to the Board containing the following, namely: -

(i) details of his case and the basis of his claim;

(ii) original arbitration agreement, if any, out of or in connection with which the dispute has arisen or any document or information relevant or relied upon.

4. Convening of Committee of Arbitration.-

On receipt of an application under rule 3, the Board shall convene a Committee of Arbitration to determine the matter in dispute and the Chief Executive Officer may file a reply accompanied by all relevant documents and information thereto.

5. Reply to be sent to the applicant.-

The Chief Executive Officer shall place a copy of the reply before the Committee of Arbitration and also send a copy of the reply along with the documents, if any, by registered or speed post, to the applicant for his information within a period of forty five days, of the date of receipt of application or within such extended time as may be granted by the Committee of Arbitration for reasons to be recorded in writing.

6. Statement of reply to be sent by the applicant.-

The applicant may, within a period of thirty days of the date of receipt of the reply or within such extended time as may be granted by the Committee of Arbitration under rule 5, submit a counter reply.

7. Documents to be in quintuplicate.-

All statements, replies and other documents and papers submitted by the parties to agreement and all documents appended shall be in quintuplicate.

8. Hearing of parties.-

The Committee of Arbitration may decide the reference on the reply and documents accompanying them after hearing the parties.

9. Appearance by parties.-

At a hearing, a party shall be entitled to appear either himself personally or through his counsel or a duly authorised representative.

10. Procedure for the Committee.-

The Committee of Arbitration may proceed with the reference notwithstanding any failure by a party or parties to comply with any of the directions of the Committee of Arbitration and may also proceed ex-parte with the reference in the absence of any or both the parties who fail to attend at the time and place appointed by the Committee of Arbitration.

11. Award to be made in four months.-

The Committee of Arbitration shall make an award within a period of four months from the date of entering on the reference or within such extended time as the parties may agree and where an award has been made, the Chief Executive Officer shall furnish a true copy of the award to the applicant by registered or speed post.

12. Costs to be awarded.-

The costs of the reference including charges and other expenses, if any, shall be of the discretion of the Committee of Arbitration, which may direct as to which party, and in what manner and the extent of such charges and other expenses or any part thereof shall borne and be paid.

Tags : Cantonment Rules Draft Proposal

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