Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

Companies (Mediation and Conciliation) Rules 2016

Companies Law - File No. 1/36/2013-CL V - Dated:- 9-9-2016 - MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 9th September, 2016 G.S.R. 877 (E).-In exercise of the powers conferred under section 442 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules, namely : 1. Short Title and Commencement .─(1) These rules may be called the . (2) They shall come into force on the date of their publication in the Official Gazett .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n Panel. (2) The words and expressions used in these rules but not defined and defined in the Act or in the Companies (Specification of Definitions Details) Rules, 2014 shall have the meanings respectively assigned to them in the Act or the rules. 3. Panel of mediators or conciliators .─ (1) Regional Director shall prepare a panel of experts willing and eligible to be appointed as mediators or conciliators in the respective regions and such panel shall be placed on the website of the Minis .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cted by the Regional Director, the Regional Director shall record the reasons in writing for the same. (5) The Regional Director shall invite applications from persons interested in getting empanelled as mediator or conciliator every year during the month of February and update the Panel which shall be effective from 1st of April of every year: Provided that for Financial Year 2016-17, the Regional Director may call for applications from the persons interested in getting empanelled as mediator o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

at the National level under any law for the time being in force ; or (e) has been an officer in the Indian Corporate Law Service or Indian Legal Service with fifteen years experience ; or (f) is a qualified legal practitioner for not less than ten years ; or (g) is or has been a professional for at least fifteen years of continuous practice as Chartered Accountant or Cost Accountant or Company Secretary ; or (h) has been a Member or President of any State Consumer Forum ; or (i) is an expert in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

om the service of the Government or the Corporation owned or controlled by the Government ; (d) has been punished in any disciplinary proceeding, by the appropriate disciplinary authority ; or (e) has, in the opinion of the Central Government, such financial or other interest in the subject matter of dispute or is related to any of the parties, as is likely to affect prejudicially the discharge by him of his functions as a mediator or conciliator. 6. Application for appointment of Mediator or Co .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s may be deemed necessary for mediation or conciliation between the parties. (2) The application to the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, for referring the matter pertaining to any proceeding pending before it for mediation or conciliation shall be in Form MDC-2 and shall be accompanied with a fee of one thousand rupees. (3) On receipt of an application under sub-rule (2), the Central Government or the Tribunal or the Appellate Tribunal shall appoi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

person from the Panel. 8. Withdrawing name from Panel.─Any person who intends to withdraw his name from the Mediation and Conciliation Panel may make an application to the Regional Director indicating the reasons for such withdrawal and the Regional Director shall take a decision on such application within fifteen days of receipt of such application and update the Panel accordingly. 9. Duty of mediator or conciliator to disclose certain facts.─ (1) It shall be the duty of a mediator .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

(1). 10. Withdrawal of appointment .─The Central Government or the Tribunal or the Appellate Tribunal as the case may be, upon receiving any disclosure furnished by the mediator or conciliator under rule 9, or after receiving any other information from a party or other person in any proceeding which is pending and on being satisfied that such disclosures or information has raised a reasonable doubt as to the independence or impartiality of such mediator or conciliator, may withdraw his ap .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

(i) he shall fix, in consultation with the parties, the dates and the time of each mediation or conciliation session, where all parties have to be present ; (ii) he shall hold the mediation or conciliation at the place decided by the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, or such other place where the parties and the mediator or conciliator jointly agree ; (iii) he may conduct joint or separate meetings with the parties ; (iv) each party shall, ten day .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ach party shall furnish to the mediator or conciliator such other information as may be required by him in connection with the issues to be resolved. (2) Where there is more than one mediator or conciliator, the mediator or conciliators may first concur with the party that agreed to nominate him and thereafter interact with the other mediator or conciliator, with a view to resolve the dispute. 12. Mediator or Conciliator not bound by the Indian Evidence Act, 1872 or the Code of Civil Procedure, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ngs notified by the mediator or conciliator: Provided that the parties may be represented by an authorised person or counsel with the permission of the mediator or conciliator in such sessions or meetings and the mediator or conciliator or the Central Government or the Tribunal or the Appellate Tribunal as the case may be, shall be entitled to direct or ensure the presence of any party to appear in person: Provided further that the party not residing in India may, with the permission of the medi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

llate Tribunal, as the case may be. 15. Administrative assistance.─ In order to facilitate the conduct of mediation or conciliation proceedings, the mediator or conciliator with the consent of the parties, may arrange for administrative assistance by a suitable institution or person. 16. Offer of settlement by parties.─(1) Any party to the proceeding may, without prejudice offer a settlement to the other party at any stage of the proceedings, with a notice to the mediator or concilia .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ing options in an attempt to resolve the dispute, emphasising that it is the responsibility of the parties to take decision which affect them and he shall not impose any terms of settlement on the parties : Provided that on consent of both the parties, the mediator or conciliator may impose such terms and conditions on the parties for early settlement of the dispute as he may deem fit. 18. Parties alone responsible for taking decision.─The parties shall be made to understand that the media .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ree months from the date of appointment of expert or experts from the Panel. (2) On the expiry of three months from the date of appointment of expert from the Panel, the mediation or conciliation process shall stand terminated. (3) In case of mediation or conciliation in relation to any proceeding before Tribunal or Appellate Tribunal which could not be completed within three months, the Tribunal or as the case may be, the Appellate Tribunal, may on the application of mediator or conciliator or .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

that information to the other party, so that the other party may have an opportunity to present such explanation as it may consider appropriate : Provided that when a party gives information to the mediator or conciliator subject to a specific condition that the information may be kept confidential, the mediator or conciliator shall not disclose that information to the other party. (2) The receipt or perusal, or preparation of records, reports or other documents by the mediator or conciliator, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hall not rely on or introduce the said information in other proceedings as to ─ (i) views expressed by a party in the course of the mediation or conciliation proceedings ; (ii) documents obtained during the mediation or conciliation which were expressly required to be treated as confidential or other notes, drafts or information given by the parties or the mediator or conciliator. (iii) proposals made or views expressed by the mediator or conciliator ; (iv) admission made by a party in the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e consent of the mediator or conciliator. 23. Protection of action taken in good faith .─No mediator or conciliator shall be held liable for anything, which is done or omitted to be done by him, in good faith during the mediation or conciliation proceedings for civil or criminal action nor shall be summoned by any party to the suit or proceeding to appear before the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, to testify regarding information received b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

mediator or conciliator and the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, in the subject matter : Provided that, if any communication between the mediator or conciliator and the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, is necessary, it shall be in writing and copies of the same shall be given to the parties or the authorised representative : Provided further that communication between the mediator or conciliator an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d to all the issues or some of the issues in the proceeding, the same shall be reduced to writing and signed by the parties and if any counsel has represented the parties, the conciliator or mediator may also obtain the signature of such counsel on the settlement agreement. (2) The agreement of the parties so signed shall be submitted to the mediator or conciliator who shall, with a covering letter signed by him, forward the same to the Central Government or the Tribunal or the Appellate Tribuna .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

a date of hearing normally within fourteen days from the date of receipt of the report of the mediator or conciliator under rule 25 and on such date of hearing, if the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, is satisfied that the parties have settled their dispute, it shall pass an order in accordance with terms thereof. (2) If the settlement disposes of only certain issues arising in the proceeding, on the basis of which any order is passed as stated i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n or meeting. (2) The expense of the mediation or conciliation including the fee of the mediator or conciliator, costs of administrative assistance and other ancillary expenses concerned, shall be borne equally by the various contesting parties or as may be otherwise directed by the Central Government or the Tribunal or the Appellate Tribunal, as the case may be. (3) Each party shall bear the costs for production of witnesses on his side including experts or for production of documents. (4) The .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ections to the concerned parties. (6) The mediation or conciliation shall commence only on the deposit of amount referred to in sub-rule (4) and in case amount is not paid before such commencement, the mediation or conciliation shall be deemed to have terminated. 28. Ethics to be followed by Mediator or Conciliator.─The mediator or conciliator shall─ (a) follow and observe the rules strictly and with due diligence ; (b) not carry on any activity or conduct which shall reasonably be c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

artiality or which might seek an appearance of partiality or bias ; (g) avoid, while communicating with the parties, any impropriety or appearance of impropriety ; (h) be faithful to the relationship of trust and confidentiality imposed in the office of mediator or conciliator ; (i) conduct all proceedings related to the resolutions of a dispute, in accordance with the relevant applicable law ; (j) recognise that the mediation or conciliation is based on principles of self-determination by the p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

gs .─The parties shall not initiate, during the mediation or conciliation under these rules, any arbitral or judicial proceedings in respect of a matter that is the subject-matter of the mediation or conciliation, except that a party may initiate arbitral or Judicial proceedings, where, in his, opinion, such proceedings are necessary for protecting his rights. 30. Matters not to be referred to the mediation or conciliation.-The following matters shall not be referred to mediation or concil .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t or interest of numerous persons who are not parties before the Central Government or the Tribunal or the Appellate Tribunal as the case may be. FORM MDC-l [See rule 3(3) of the ] Application for Empanelment of Mediator or Conciliator on the Panel To The Regional Director ________ I .......................................... S/o or D/o or W/o*…………………. resident of ............................ (address) am hereby pleased to offer my services as Med .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version