Section 35 of The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017
- (1)(a) Any dispute arising out of a contract between an Institute and any of its employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee, and an umpire appointed by the Visitor.
- (b)The decision of the Tribunal shall be final and shall not be questioned in any court.
- (c)No suit or proceeding shall lie in any court in respect of any matter, which is required by sub-section (1) to be referred to the Tribunal of Arbitration.
- (d)The Tribunal of Arbitration shall have power to regulate its own procedure: Provided that the Tribunal shall have regard to the principles of natural justice while making such procedure.
- (e)Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.
- (2)Any student or candidate for an examination whose name has been removed from the rolls of the Institute by the orders or resolution of the Director of the Institute and who has been debarred from appearing at the examinations of the Institute for more than one year, may within ten days of the date of receipt of such resolution by him, appeal to the Board who may confirm, modify or reverse the decision of the Director.
- (3)Any dispute arising out of any disciplinary action taken by the Institute against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-section (1) shall, as far as may be, apply to a reference made under this sub-section.
- (4)Every employee or student of the Institute, notwithstanding anything contained in this Act, have a right to appeal within such time as may be laid down by the Statutes, to the Board of Governors against the decision of any officer or authority of the Institute, as the case may be, and thereupon the Board may confirm, modify or reverse the decision appealed against.
Summary
- Contract disputes between the Institute and an employee must go to a Tribunal of Arbitration, containing one Institute appointee, one employee nominee, and an umpire appointed by the Visitor.
- The Tribunal's decision is final, and these disputes cannot be taken to a regular court.
- The Tribunal creates its own procedures but must follow the principles of natural justice, and standard national arbitration laws do not apply to it.
- If a student is removed from the rolls and debarred from exams for over a year by the Director, they have ten days to appeal to the Board.
- Students can also request a Tribunal of Arbitration for disputes over disciplinary actions taken against them.
- Any employee or student has a broad right to appeal to the Board against decisions made by any Institute officer, within a timeframe set by the Statutes.
Practical examples
FAQ
1. Can an employee sue the Institute in regular court over a contract dispute?
No, disputes must go to a Tribunal of Arbitration, and no suit shall lie in any court for these matters.
2. Who sits on the Tribunal of Arbitration?
It consists of one member appointed by the Institute, one member nominated by the employee, and an umpire appointed by the Visitor.
3. Does the standard national arbitration law apply to these tribunals?
No, nothing in any law for the time being in force relating to arbitration applies to arbitrations under this section.
4. What can a student do if they are debarred from exams for more than a year?
They may appeal to the Board within ten days of the date of receipt of the resolution.
Test yourself
Q1.Under Section 35 of The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017, who appoints the umpire in a Tribunal of Arbitration for a contract dispute with an employee?
Q2.Under Section 35 of The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017, what is the time limit for a student to appeal to the Board if they have been debarred from examinations for more than one year by the Director?
Q3.Under Section 35 of The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017, if a student requests a Tribunal of Arbitration for a dispute arising from disciplinary action, which arbitration laws apply to the proceedings?
Q4.Under Section 35 of The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017, if an employee is unhappy with a decision made by an officer of the Institute, what broad right do they possess?