134[In a suit by or against the Government, the authority to be named as plaintiff of defendant, as the case may be, shall be

(a) in the case of a suit by or against the Central Government, 135[the Union of India], and

(b) in the case of a suit by or against a State Government, the State.]

136[(1)] 137[Save as otherwise provided in sub-section (2), no suit shall be instituted] against the Government (including the Government of the State of Jammu and Kashmir) or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of

(a) in the case of a suit against the Central Government, 138[except where it relates to a railway,] a Secretary to that Government;

139[140[(b)] in the case of a suit against the Central Government where it relates to a railway, the General Manager of that railway;]

(b) 141[* * *]

142[(bb) in the case of a suit against the Government of the State of Jammu and Kashmir, the Chief Secretary to that Government or any other officer authorised by that Government in this behalf;]

(c) in the case of a suit against 143[any other State Government], a Secretary to that Government or the Collector of the district; 144[* * *]

(d) 145[* * *]

and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.

146[(2) A suit to obtain an urgent or immediate relief against the Government (including the Government of the State of Jammu and Kashmir) or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the Court, without serving any notice as required by sub-section (1); but the Court shall not grant relief in the suit, whether interim or otherwise, except after giving to the Government or public officer, as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:

Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1).

(3) No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (1), if in such notice

(a) the name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1), and

(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.]

Madhya Pradesh. In its application to the State of Madhya Pradesh, in Section 80,

(i) in sub-section (1), for the words, brackets and figures sub-section (2) , the words, brackets and figures sub-section (2) or sub-section (4) shall be substituted;

(ii) after sub-section (3), the following sub-section shall be inserted, namely:

(4) Where in a suit or proceeding referred to in Rule 3-B of Order 1, the State is joined as a defendant or non-applicant or where the court orders joinder of the State as defendant or non-applicant in exercise of powers under sub-rule (2) of Rule 10 of Order 1 such suit on proceeding shall not be dismissed by reason of omission of the plaintiff or applicant to issue notice under sub-section (1). [Vide M.P. Act 29 of 1984, S. 3].

In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity

(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and

(b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.

147[(1) Where, in a suit by or against the Government or by or against a public officer in respect of any act purporting to be done by him in his official capacity, a decree is passed against the Union of India or a State or, as the case may be, the public officer, such decree shall not be executed except in accordance with the provisions of sub-section (2).]

(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of 148[such decree].

149[(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they apply in relation to a decree, if the order or award

(a) is passed or made against the Union of India or a State or a public officer in respect of any such act as aforesaid, whether by a Court or by any other authority, and

(b) is capable of being executed under the provisions of this Code or of any other law for the time being in force as if it were a decree.]

150[Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys

Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue in any such Court.

Explanation. Every person residing in a foreign country, the Government of which is at war with India and carrying on business in that country without a licence in that behalf granted by the Central Government, shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.

A foreign State may sue in any competent Court:

Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in any officer of such State in his public capacity.

(1) The Central Government may, at the request of the Ruler of a foreign State or at the request of any person competent in the opinion of the Central Government to act on behalf of such Ruler, by order, appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognised agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler.

(2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler.

(3) A person appointed under this section may authorise or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.

(1) No 151[* * *] foreign State may be sued in any Court otherwise competent to try the suit except with the consent of the Central Government certified in writing by a Secretary to that Government:

Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid 152[a foreign State] from whom he holds or claims to hold the property.

(2) Such consent may be given with respect to a specified suit or to several specified suits or with respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of suits, the Court in which 153[the foreign State] may be sued, but it shall not be given, unless it appears to the Central Government that 153[the foreign State]

(a) has instituted a suit in the Court against the person desiring to sue 154[it], or

(b) by 155[itself] or another, trades within the local limits of the jurisdiction of the Court, or

(c) is in possession of immovable property situate within those limits and is to be sued with reference to such property or for money charged thereon, or

(d) has expressly or impliedly waived the privilege accorded to 154[it] by this section.

156[(3) Except with the consent of the Central Government, certified in writing by a Secretary to that Government, no decree shall be executed against the property of any foreign State.]

(4) The preceding provisions of this section shall apply in relation to

157[(a) any Ruler of a foreign State;]

158[(aa)] any Ambassador or Envoy of a foreign State;

(b) any High Commissioner of a Commonwealth country; and

(c) any such member of the staff 159[of the foreign State or the staff or retinue of the Ambassador] or Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the Central Government may, by general or special order, specify in this behalf,

160[as they apply in relation to a foreign State.]

161[(5) The following persons shall not be arrested under this Code, namely:

(a) any Ruler of a foreign State;

(b) any Ambassador or Envoy of a foreign State;

(c) any High Commissioner of a Commonwealth country;

(d) any such member of the staff of the foreign State or the staff or retinue of the Ruler, Ambassador or Envoy of a foreign State or of the High Commissioner of a Commonwealth Country, as the Central Government may, by general or special order, specify in this behalf.

(6) Where a request is made to the Central Government for the grant of any consent referred to in sub-section (1), the Central Government shall, before refusing to accede to the request in whole or in part, give to the person making the request a reasonable opportunity of being heard.]

The Ruler of a foreign State may sue, and shall be sued, in the name of his State:

Provided that in giving the consent referred to in Section 86, the Central Government may direct that the Ruler may be sued in the name of an agent or in any other name.]

Calcutta. Omit the words and shall be sued , after the words Ruling Chief may sue and before the words in the name of ; omit the proviso. Cal. Gaz. Pt. I, dt. 20-4-1967.

87-A. Definitions of foreign State and Ruler . (1) In this Part,

(a) foreign State means any State outside India which has been recognised by the Central Government; and

(b) Ruler , in relation to a foreign State, means the person who is for the time being recognised by the Central Government to be the head of that State.

(2) Every Court shall take judicial notice of the fact

(a) that a State has or has not been recognised by the Central Government;

(b) that a person has or has not been recognised by the Central Government to be the head of a State.

87-B. Application of Sections 85 and 86 to Rulers of former Indian States. 162[(1) In the case of any suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action which arose before the commencement of the Constitution or any proceeding arising out of such suit, the provisions of Section 85 and sub-sections (1) and (3) of Section 86 shall apply in relation to such Ruler as they apply in relation to the Ruler of a foreign State.]

(2) In this section

(a) former Indian State means any such Indian State as the Central Government may, by notification in the Official Gazette, specify for the purposes of this section; 163[* * *]

164[(b) commencement of the Constitution means the 26th day of January, 1950; and

(c) Ruler , in relation to a former Indian State, has the same meaning as in Article 363 of the Constitution.]

Where two or more persons claim adversely to one another the same debt, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself:

Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.

165[(1) Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the court may reformulate the terms of a possible settlement and refer the same for

(a) arbitration;

(b) conciliation;

(c) judicial settlement including settlement through Lok Adalat; or

(d) mediation.

(2) Where a dispute has been referred

(a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act;

(b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of Section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat;

(c) for judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act;

(d) for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.]

Noti. No. B/Estt. (H.C.) 06-03/2008/5252/J, dt. 24-10-2008. In exercise of the powers conferred by Section 89 and Section 122 read with Section 126 and 127 of the Code of Civil Procedure, 1908 (Act 5 of 1908) the following rules made by the High Court, Patna and approved by the State Government is hereby published namely:

1. Title and Commencement. (i) These rules may be called Civil Procedure (Alternative Dispute Resolution) (Bihar) Rules, 2008.

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

2. Procedure for directing parties to opt for alternative mode of settlement. (a) The Court shall, after recording admissions and denials at the first hearing of the suit under Rule 1 of Order 10, and where it appears to the Court that there exists elements of settlement which may be acceptable to the parties, formulate the terms of settlement and give them to the parties for their observations under sub-section (1) of Section 89, and parties shall submit to the Court their responses within thirty days of the first hearing.

(b) At the next hearing, which shall be not later than thirty days of the receipt of responses, the Court may reformulate the terms of a possible settlement and shall direct the parties to opt for one of the modes of settlement of disputes outside the Court as specified in clauses (a) to (d) of sub-section (1) of Section 89 read with Rule 1-A of Order 10 in the manner stated hereunder:

Provided that the Court in the exercise of such power, shall not refer any dispute to arbitration or to judicial settlement by a person or institution without the written consent of all the parties to the suit.

3. Persons authorised to take decision for the Union of India, State Government and others. (i) For purpose of Rule 2, the Union of India or the Government of a State or a Union Territory, all local authorities, all Public Sector Undertakings, all statutory corporations and all public authorities shall nominate a person or persons or group of persons who are authorised to take a final decision as to the mode of alternative dispute resolution in which it proposes to opt in the event of direction by the Court under Section 89 and such nomination shall be communicated to the High Court within the period of three months from the date of commencement of these rules and the High Court shall notify all the subordinate courts in this behalf as soon as such nomination is received from such Government or authorities.

(ii) Where such person or persons or group of persons have not been nominated as aforesaid, such party as referred to in clause (1) shall, if it is a plaintiff, file along with plaint or if it is a defendant file, file along with or before filing of the written statement, a memo into the Court, nominating a person or persons or group of persons who is or are authorised to take a final decision as to the mode of alternative dispute resolution which the party prefers to adopt in the event of the Court directing the party to opt for one or other mode of alternative dispute resolution.

4. Court to give guidelines to parties while giving direction to opt. (1) Before directing the parties to exercise option under clause (b) of Rule 2, the Court shall give such guidance as it deems fit to the parties, by drawing their attention to the relevant factors which parties will have to take into account before they exercise their option as to the particular mode of settlement, namely:

(i) that it will be to the advantage of the parties, so far as time and expense are concerned, to opt for one or the other of these modes of settlement referred to in Section 89 rather than seek a trial on the disputes arising in the suit;

(ii) that, where there is no relationship between the parties which requires to be preserved, it may be in the interest of the parties to seek reference of the matter of arbitration as envisaged in clause (a) of sub-section (1) of Section 89;

(iii) that where there is a relationship between the parties which requires to be preserved, it may be in the interest of parties to seek reference of the matter to conciliation or mediation, as envisaged in clause (b) or (d) of sub-section (1) of Section 89;

Explanation. Dispute arising in matrimonial, maintenance and child custody matters shall, among others, be treated as cases where a relationship between the parties has to be preserved;

(iv) that, where parties are interested in a final settlement which may lead to a compromise, it will be in the interests of the parties to seek reference of the matter to Lok Adalat or to judicial settlement as envisaged in clause (c) of sub-section (1) of Section 89;

(v) the difference between the different modes of settlement namely, arbitration, conciliation, mediation and judicial settlement as explained below:

Settlement by Arbitration means the process by which an arbitrator appointed by parties or by the Court, as the case may be, adjudicates the disputes between the parties to the suit and passes an award by the application of the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996), insofar as they refer to arbitration.

Settlement by Conciliation means the process by which a conciliator who is appointed by parties or by the Court, as the case may be, conciliates the disputes between the parties to the suit by the application of the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) in so far as they relate to conciliation, and in particular, in exercise of his power under Sections 67 and 73 of that Act, by making proposals for settlement of the dispute and by formulating or reformulating the terms of a possible settlement and has a greater role than a mediator.

Settlement by Mediation means the process by which a mediator appointed by parties or by the Court, as the case may be, mediates the disputes between the parties to the suit by the application of the provisions of the Mediation Rules, 2003 in Part II, and in particular, by facilitating discussion between the parties directly or by communicating with each other through the mediator, by assisting parties in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, generating options in an attempt to solve the dispute and emphasising that it is the parties own responsibility for making decisions which affect them.

Settlement in Lok Adalat means settlement by Lok Adalat as contemplated by the Legal Services Authority Act, 1987.

Judicial Settlement means a final settlement by way of compromise entered into before a suitable institution or person to which the Court has referred the dispute and which institution or persons are deemed to be the Lok Adalats under the provisions of the Legal Services Authority Act, 1987 (39 of 1987) and where after such reference, the provisions of the said Act, apply as if the dispute was referred to a Lok Adalat under the provisions of that Act.

5. Procedure for reference by the Court to the different modes of settlements. (i) Where all parties to the suit decide to exercise their option and to agree for settlement by arbitration, they shall apply to the Court, within thirty days of the direction of the Court under clause (b) of Rule 2 and the Court shall, within thirty days of the said application, refer the matter to arbitration and thereafter the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) which are applicable after the stage of making of the reference to arbitration under that Act, shall apply as if the proceedings were referred for settlement by way of arbitration under the provisions of that Act.

(ii) Where all the parties to the suit decide to exercise their option and to agree for settlement by the Lok Adalat of where one of the parties applies for reference to Lok Adalat the procedure envisaged under the Legal Services Act, 1987 and in particular by Section 20 of that Act, shall apply.

(iii) Where all the parties to the suit decide to exercise their option and to agree for judicial settlement, they shall apply to the Court within thirty days of the direction under clause (b) of Rule 2 and then the Court shall, within thirty days of the application, refer the matter to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and thereafter the provisions of the Legal Services Authority Act, 1987 (39 of 1987) which are applicable after the stage of making of the reference to Lok Adalat under that Act shall apply as if the proceedings were referred for settlement under the provisions of that Act.

(iv) Where none of the parties are willing to agree to opt or agree to refer the dispute to arbitration, or Lok Adalat, or to judicial settlement, within thirty days of the direction of the Court under clause (b) of Rule 2, they shall consider if they could agree for reference to conciliation or mediation, within the same period.

(v)(a) Where all the parties opt and agree for conciliation, they shall apply to the Court, within thirty days of the direction under clause (b) of Rule 2 and the Court shall, within thirty days of the application refer the matter to conciliation and thereafter the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) which are applicable after the stage of making of the reference to conciliation under that Act, shall apply, as if the proceedings were referred for settlement by way of conciliation under the provisions of that Act.

(b) Where all the parties opt and agree for mediation, they shall apply to the Court, within thirty days of the direction under clause (b) of Rule 2 and the Court shall, within thirty days of the application, refer the matter to mediation and then the Bihar Civil Procedure (Mediation) Rule, 2008 in Part II shall apply.

(vi) Where under clause (d) all the parties are not able to opt and agree for conciliation or mediation, one or more parties may apply to the Court within thirty days of the direction under clause (b) of Rule 2, seeking settlement through conciliation or mediation, as the case may be, and in that event, the Court shall within a further period of thirty days issue notice to the other parties to respond to the application, and

(a) in case all the parties agree for conciliation, the Court shall refer the matter to conciliation and thereafter, the provision of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to conciliation under that Act, shall apply.

(b) in case all the parties agree for mediation, the Court shall refer the matter to mediation in accordance with the Bihar Civil Procedure (Mediation) Rules, 2008 in Part II shall apply.

(c) in case all the parties do not agree and where it appears to the Court there exists elements of a settlement which may be acceptable to the parties and that there is a relationship between the parties which has to be preserved, the Court shall refer the matter to conciliation or mediation, as the case may be, in case the dispute is referred to conciliation, the provisions of Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to conciliation under that Act shall and in case the dispute is referred to mediation, the provisions of the Bihar Civil Procedure (Mediation) Rules, 2008 shall apply.

(vii)(a) Where none of the parties apply for reference either to arbitration, or Lok Adalat, or judicial settlement or for conciliation or mediation, within thirty days of the direction under clause (b) of Rule 2, the Court shall, within a further period of thirty days, issue notices to the parties or their representatives fixing the matter for hearing on the question of making a reference either to conciliation or mediation.

(b) After hearing the parties of their representatives on the day so fixed the Court shall, if there exists elements of a settlement which may be acceptable to the parties is relationship between the parties which has to be preserved, refer the matter to conciliation or mediation. In case the dispute is referred to conciliation, the provisions of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of the making of the reference to conciliation under that Act shall and in case the dispute is referred to mediation, the provisions of the Bihar Civil Procedure (Mediation) Rules, 2008, shall apply.

(viii)(a) No next friend or guardian for the suit shall, without the leave of the Court, expressly recorded in the proceedings of the Court, opt for any one of the modes of alternative dispute resolution nor shall enter into any settlement on behalf of a minor or person under disability with reference to the suit in which he acts as mere friend or guardian.

(b) Where an application is made to the Court for leave to enter into a settlement initiated into in the alternative dispute resolution proceedings on behalf of a minor or other persons under disability and such minor or other person under disability is represented by counsel or pleader, the counsel or pleader shall file a certificate along with the said application to the effect that the settlement is, in his opinion, for the benefit of the minor or other person under disability. The decree of the Court based on the settlement to which the minor or other person under disability is a party, shall refer to the sanction of the Court thereto and shall set out the terms of the settlement.

6. Referral to the Court and appearance before the Court upon failure of attempts to settle disputes by conciliation or judicial settlement or mediation. (i) Where a suit has been referred for settlement for conciliation, mediation or judicial settlement and has not been settled or where it is felt that it would not be proper in the interests of justice to proceed further with the matter, the suit shall be referred back again to the Court with a direction to the parties to appear before the Court on a specific date.

(ii) Upon reference of the matter back to the Court under sub-rule (1) or under sub-section (5) of Section 20 of the Legal Services Authority Act, 1987, the Court shall proceed with the suit in accordance with law.

7. Training in alternative methods of resolution of disputes, and preparation of manual. (i) The High Court shall take steps to have training courses conducted in places where the High Court and District Courts or Courts or Courts of equal status are located, by requesting the bodies recognised by the High Court or Universities imparting legal education or retired Faculty Members or other person who, according to the High Court are well versed in the techniques of alternative methods of resolution of dispute, to conduct training courses for lawyers and judicial officers.

(ii)(a) The High Court shall nominate a Committee of Judges, faculty members including retired persons belonging to the above categories senior members of the Bar, other members of the Bar specially qualified in the techniques of alternative dispute resolution, for the purpose referred to in clause (i) and for the purpose of preparing a detailed manual of procedure for alternative dispute resolution to be used by the Court in the State as well as by the arbitrators or authority or person in case of judicial settlement or conciliators or mediators.

(b) The said manual shall described the various methods of alternative dispute resolution, the manner in which any one of the said method is to be opted for, the suitability of any particular method for any particular type of dispute and shall specifically deal with the role of above persons in disputes which are commercial or domestic in nature or which relate to matrimonial, maintenance and child custody matters.

(iii) The High Court and the District Courts shall periodically conduct seminars and workshops on the subject of alternative dispute resolution procedure throughout the State or States over which the High Court has jurisdiction with a view to bring awareness of such procedures and to impart training to lawyers and judicial officers.

(iv) Persons, who have experience in the matter of alternative dispute resolution procedures and in particular in regard to conciliation and mediation, shall be given preference in the matter of empanelment of purposes conciliation or mediation.

8. Applicability of this rules to other proceedings. The provisions of these Rules may be applied to proceeding before the Courts, including Family Courts constituted under Family Courts Act (66 of 1984), while dealing with matrimonial, maintenance, and child custody disputes, wherever necessary, in addition to the rules framed under the Family Courts Act (66 of 1984).

Noti No. P. 1601/2007. In exercise of the rule making power under Part X of the Code of Civil Procedure, 1908 (5 of 1908) and clause (d) of sub-section (2) of Section 89 of the said Code, the High Court of Judicature at Bombay is hereby issuing the following Rules:

Part I

ALTERNATIVE DISPUTE RESOLUTION RULES

1. These rules in Part I shall be called the Civil Procedure Alternative Dispute Resolution Rules, 2006.

2. Procedure for directing parties to opt for alternative modes of settlement. (a) The Court shall, after recording admissions and denials at the first hearing of the suit under Rule 1 of Order 10, and where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, formulate the terms of settlement and give them to parties for their observations under sub-section (1) of Section 89, and the parties shall submit to the Court their responses within thirty days of the first hearing.

(b) At the next hearing, which shall be not later than thirty days of the receipt of responses, the Court may reformulate the terms of a possible settlement and shall direct the parties to opt for one of the modes of settlement of disputes outside the Court as specified in clauses (a) to (d) of sub-section (1) of Section 89 read with Rule 1-A of Order 10, in the manner stated hereunder:

Provided that the Court, in the exercise of such power, shall not refer any dispute to arbitration or to judicial settlement including settlement through Lok Adalats without the written consent of all the parties to the suit.

3. Persons authorised to take decision for the Union of India, State Governments and others. (1) For the purpose of Rule 2, the Union of India or the Government of a State or Union Territory, all local authorities, all Public Sector Undertakings, all statutory corporations and all public authorities shall nominate a person or persons or group of persons who are authorised to take a final decision as to the mode of alternative dispute resolution in which it proposes to opt in the event of direction by the Court under Section 89 and sub-nomination shall be communicated to the High Court within the period of three months from the date of commencement of these rules and the High Court shall notify all the subordinate courts in this behalf as soon as such nomination is received from such Government or authorities.

(2) Where such person or persons or group of persons have not been nominated as aforesaid, such party as referred to in clause (1) shall, if it is a plaintiff, file along with the plaint or if it is a defendant file, along with or before the filing of the written statement, a memo into the Court, nominating a person or persons or group of persons who is or are authorised to take a final decision as to the mode of alternative dispute resolution, which the party prefers to adopt in the event of the Court directing the party to opt for one or other mode of alternative dispute resolution.

3-A. Where the suit is filed by or against the party not referred to in Rule 3, plaintiff along with the plaint should file memo nominating a person by name or post who is authorised to take a final decision as to the mode of alternative dispute resolution which it proposes to adopt or if it is the defendant, file along with the written statement, a memo into the Court, nominating a person or persons or group of person authorised to take the final decision as to the mode of alternative dispute resolution, which the party prefers to adopt in the event of the Court directing the party to opt for one or other mode of alternative dispute resolution.

4. Court to give guidance to parties while giving direction to opt. (a) Before directing the parties to exercise option under clause (b) of Rule 2, the Court shall give such guidance as it deems fit to the parties, by drawing their attention to relevant factors which parties will have to take into account, before they exercise their option as to the particular mode of settlement, namely:

(i) that it will to the advantage of the parties, so far as time and expense are concerned, to opt for one or other of these modes of settlement referred to in Section 89 rather than seek a trial on the disputes arising in the suit;

(ii) that, where there is no relationship between the parties which requires to be reserved, it may be in the interest of the parties to seek reference of the matter of arbitration as envisaged in clause (a) of sub-section (1) of Section 89;

(iii) that, where there is a relationship between the parties which requires to be preserved, it may be in the interest of parties to seek reference of the matter to conciliation or mediation, as envisaged in clauses (b) or (d) of sub-section (1) of Section 89;

Explanation. Disputes arising in matrimonial, maintenance and child custody matters shall, among others, be treated as cases where a relationship between the parties has to be preserved;

(iv) that, where parties are interested in a final settlement which may lead to compromise, it will be in the interest of the parties to seek reference of the matter to Lok Adalat or to judicial settlement as envisaged in clause (c) of sub-section (1) of Section 89;

(v) the difference between the different modes of settlement as explained below:

Settlement by Arbitration means the process by which an arbitrator appointed by parties or by the Court, as the case may be, adjudicates the disputes between the parties to the suit and passes an award by the application of the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) insofar as they refer to arbitration.

Settlement by Conciliation means the process by which a conciliator who is appointed by parties or by the Court, as the case may be, conciliates the disputes between the parties to the suit by the application of the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) insofar as they relate to conciliation, and in particular, in exercise of his powers under Section 67 and 72 of that Act, by making proposals for a settlement of the dispute and by formulating or reformulating the terms of a possible settlement; and has a greater role than a mediator.

Settlement by Mediation means the process by which a mediator appointed by parties or by the Court, as the case may be, mediates the dispute between the parties to the suit by the application of the provisions of the Mediation Rules, 2006 in Part II, and in particular, by facilitating discussion between parties directly or by communicating with each other through the mediator, by assisting parties in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, generating options in an attempt to solve the dispute and emphasising that it is the parties own responsibility for making decisions which affect them.

Settlement in Lok Adalat means settlement by Lok Adalat as contemplated by the Legal Services Authority Act, 1987.

Judicial settlement means a final settlement by way of compromise entered into before a suitable institution or person to which the Court has referred the dispute and which institution or person are deemed to be the Lok Adalats under the provisions of the Legal Services Authority Act, 1987 (39 of 1987) and where after such reference, the provisions of the said Act apply as if the dispute was referred to a Lok Adalat under the provisions of that Act.

5. Procedure for reference by the Court to the different modes of settlement. (a) Where all parties to the suit decide to exercise their option and to agree for settlement by arbitration, they shall apply to the Court, within thirty days of the direction of the Court under clause (b) of Rule 2 and the Court shall, within thirty days of the said application, refer the matter to arbitration and thereafter the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) which are applicable after the stage of making the reference to arbitration under that Act, shall apply as if the proceedings were referred for settlement by way of arbitration under the provisions of that Act.

(b) Where all the parties to the suit decide to exercise their option and to agree for settlement by the Lok Adalat or where one of the parties applies for reference to Lok Adalat, the procedure envisaged under the Legal Services Act, 1987 and in particular by Section 20 of that Act, shall apply.

(c) Where all the parties to the suit decide to exercise their option and to agree for judicial settlement, they shall apply to the Court within thirty days of the direction under clause (b) of Rule 2 and then the Court shall, within thirty days of the application, refer the matter to a suitable institution or person and sub institution or person shall be deemed to be a Lok Adalat and thereafter the provisions of the Legal Services Authority Act, 1987 (39 of 1987) which are applicable after the stage of making of the reference to Lok Adalat under that Act, shall apply as if the proceedings were referred for settlement under the provisions of that Act.

(d) Where all the parties to the suit decide to exercise to their option and agree for settlement by mediation, they shall apply to the Court within thirty days of the direction of the Court under clause (b) Rule 2 and the Court shall, within thirty days of the said application, refer the matter to mediation and thereafter, the provision of Civil Procedure Mediation Rules (Part II) shall apply.

(e)(i) Where all the parties opt and agree for conciliation, they shall apply to the Court, within thirty days of the direction under clause (b) of Rule 2 and the Court shall, within thirty days of the application refer the matter to the conciliation and thereafter the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) which are applicable after the stage of making of the reference to conciliation under that Act, shall apply, as if the proceedings were referred for settlement by way of conciliation under the provisions of that Act;

(ii) Where all the parties opt and agree for mediation, they shall apply to the Court, within thirty days of the direction under clause (b) of Rule 2 and the Court shall, within thirty days of the application, refer the matter to mediation and then the Mediation Rules, 2006 in Part II shall apply.

(f) Where all the parties are not able to opt and agree for conciliation or mediation, one or more parties may apply to the Court within thirty days of the direction under clause (b) of Rule 2, seeking settlement through conciliation or mediation, as the case may be, and in that event, the Court shall, within a further period of thirty days issue notice to the other parties to respond to the application, and:

(i) in case all the parties agree for conciliation, the Court shall refer the matter to conciliation and thereafter, the provisions of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to conciliation under that Act, shall apply.

(ii) in case all the parties agree for mediation, the Court shall refer the matter to the mediation in accordance with the Civil Procedure Mediation Rules, 2006 in Part II shall apply.

(iii) in case all the parties do not agree and where it appears to the Court that there exist elements of a settlement which maybe acceptable to the parties and that there is a relationship between the parties which has to be preserved, the Court shall refer the matter to conciliation or mediation, as the case may be. In case the dispute is referred to conciliation, the provisions of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to conciliation under that Act shall and in case the dispute is referred to mediation, the provisions of the Civil Procedure Mediation Rules, 2006, shall apply.

(g)(i) Where none of the parties apply for reference either to arbitration, or Lok Adalat, or judicial settlement, or for conciliation or mediation, within thirty days of the direction under clause (b) of Rule 2, the Court shall, within a further period of thirty days, issue notices to the parties or their representatives fixing the matter for hearing on the question of making a reference either to conciliation or mediation.

(ii) After hearing the parties or their representatives on the day so fixed the Court shall, if there exist elements of a settlement which may be acceptable to the parties and there is a relationship between the parties which has to be preserved, refer the matter to conciliation or mediation. In case the dispute is referred to conciliation, the provisions of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to conciliation under that Act shall and in case the dispute is referred to mediation, the provisions of the Civil Procedure Mediation Rules, 2006, shall apply.

(h)(i) No next friend or guardian for the suit shall, without the leave of the Court, expressly recorded in the proceedings of the Court, opt for any one of the modes of alternative dispute resolution nor shall enter into any settlement on behalf of a minor or person under disability with reference to the suit in which he acts as mere friend or guardian.

(ii) Where an application is made to the Court for leave to enter into a settlement initiated into the alternative dispute resolution proceedings on behalf of a minor or other person under disability and such minor or other person under disability is represented by counsel or pleader, the counsel or pleader shall file a certificate along with the said application to the effect that the settlement is, in his opinion, for the benefit of the minor or other person under disability. The decree of the Court based on the settlement to which the minor or other person under disability is a party, shall refer to the sanction of the Court thereto and shall set out the terms of the settlement.

5-A. Nothing in these rules shall affect the power of the Court to refer the parties to any of the alternative dispute resolution mode specified in clauses (a) to (d) of sub-section (1) of Section 89 by consent of the parties at any stage of proceedings.

6. Referral to the Court and appearance before the Court upon failure of attempts to settle disputes by conciliation or judicial settlement or mediation. (1) Where a suit has been referred for settlement for conciliation, mediation or judicial settlement including settlement through Lok Adalat and has not been settled or where it is felt that it would not be proper in the interest of justice to proceed further with the matter, the suit shall be referred back again to the Court within a direction to the parties to appear before the Court on a specific date.

(2) Upon the reference of the matter back to the Court under sub-rule (1) or under sub-section (5) of Section 20 of the Legal Services Authority Act, 1987, the Court shall proceed with the suit in accordance with law.

7. Training in alternative methods of resolution of disputes and preparation of manual. (a) The High Court shall take steps to have training courses conducted in places where the High Court and the District Courts or Courts of equals status are located, by requesting bodies recognised by the High Court or the universities imparting legal education or retired faculty members or other persons who, according to the High Court are well versed in the techniques of alternative method of resolution of dispute, to conduct training courses for lawyers and judicial officers.

(b)(i) The High Court shall nominate a Committee of Judges, faculty members including retired persons belonging to the above categories, senior members of the Bar, other members of the Bar specially qualified in the techniques of alternative dispute resolution, for the purpose referred to in clause (a) and for the purpose of preparing a detailed manual of procedure for alternative dispute resolution to be used by the Courts in the State as well as by the arbitrators, or authority or person in the case of judicial settlement or conciliators or mediators.

(ii) The said manual shall describe the various methods of alternative dispute resolution, the manner in which any one of the said methods is to be opted for, the suitability of any particular method for any particular type of dispute and shall specifically deal with the role of the above persons in disputes which are commercial or domestic in nature or which relate to matrimonial, maintenance and child custody matters.

(c) The High Court and the District Courts shall periodically conduct seminars and workshops on the subject of a alternative dispute resolution procedure throughout the State or States over which the High Court has jurisdiction with a view to bring awareness of such procedures and to impart training to lawyers and judicial officers.

(d) Persons who have experience in the matter of alternative dispute resolution procedures, and in particular in regard to conciliation and mediation, shall be given preference in the matter empanelment for purposes of conciliation or mediation.

8. Applicability to other proceedings. The provisions of these rules may be applied to proceedings before the Court, including Family Courts constituted under the Family Courts Act (66 of 1984), while dealing with matrimonial, maintenance and child custody disputes, wherever necessary, in addition to the rules framed under the Family Courts Act (66 of 1984).

Part II

CIVIL PROCEDURE MEDIATION RULES

1. These Rules in Part II shall be called the Civil Procedure Mediation Rules, 2006.

2. Appointment of mediator. (a) Parties to a suit may all agree on the name of the sole mediator for mediating between them.

(b) Where, there are two sets of parties and are unable to agree on a sole mediator, each set of parties shall nominate a mediator.

(c) Where parties agree on a sole mediator under clause (a) or where parties nominate more than one mediator under clause (b), the mediator need not necessarily be from the panel of mediators referred to in Rule 3 nor bear the qualifications referred to in Rule 4 but should not be a person who suffers from the disqualifications referred to in Rule 5.

(d) Where there are more than two sets of parties having diverse interests, each set shall nominate a person on its behalf and the said nominees shall select the sole mediator and failing unanimity in that behalf, the Court shall appoint a sole mediator.

3. Panel of mediators. (a) The High Court shall, for the purpose of appoint mediators between parties in suits and other proceeding prepare separate panels of mediators for the principal seat and each Bench and publish the same on its notice board, within thirty days of the coming into force of these Rules, with copy to the respective Bar Associations.

(b)(i) The Courts of the Principal District and Sessions Judge in each District or the Courts of the Principal Judge of the City Civil Court or Courts of equal status and Family Courts shall, for the purposes of appointing mediators to mediate between the parties in suits filed on their original side, prepare a panel of mediators, within a period of 60 days of the commencement of these rules, after obtaining of the approval of the High Court to the names included in the panel, and shall publish the same on their respective notice board.

(ii) Copies of the said panels referred to in clause (i) shall be forwarded to all the Courts of equivalent jurisdiction or Courts subordinate to the Courts referred to in sub-clause (i) and to the Bar Associations attached to each of the Courts.

(c) The consent of the persons whose names are included in the panel shall be obtained before empanelling them.

(d) The panel of names shall contain a detailed Annexure giving details of the qualifications of the mediators and their professional or technical experience in different fields.

4. Qualifications of persons to be empanelled under Rule 3. The following shall be treated as qualified and eligible for being enlisted in the panel of mediators under Rule 3, namely,

(a) (i) Retired Judges of the Supreme Court of India;

(ii) Retired Judges of the High Court;

(iii) Retired District and Sessions Judges or retired Judges of the City Civil Court or Courts of equivalent status.

(b) Legal practitioners with at least 15 years standing at the Bar at the level of the Supreme Court or the High Court; or the District Courts or Courts of equivalent status;

(c) Experts or other professional with at least 15 years standing; or retired senior bureaucrats or retired senior executives;

(d) Institutions which are themselves experts in mediation and have been recognised as such by the High Court, provided the names of its members are approved by the High Court initially or whenever there is change in membership.

5. Disqualification of persons. The following persons shall be deemed to be disqualified for being empanelled as mediators,

(i) any person who has been adjudged as insolvent or is declared of unsound mind; or

(ii) any person against whom criminal charges involving moral turpitude are framed by a criminal court and are pending; or

(iii) any person who has been convicted by a criminal court for any offence involving moral turpitude;

(iv) any person against whom disciplinary proceeding or charges relating to moral turpitude have been initiated by the appropriate disciplinary authority which are pending or have resulted in a punishment;

(v) any person who is interested or connected with the subject-matter of dispute or is related to any one of the parties or to those who represent them, unless such objection is waived by all the parties in writing;

(vi) any legal practitioner who has or is appearing for any of the parties in the suit or in other suit or proceedings;

(vii) such other categories of persons as may be notified by the High Court.

6. Venue for conducting mediation. The mediator shall conduct the mediation at one or other of the following places,

(i) Venue of the Lok Adalat or permanent Lok Adalat;

(ii) any place identified by the High Court;

(iii) any place identified by the District Judge or Principal Judge, City Civil Court or Principal Judge, Family Court, within the court precincts for the purpose of conducting mediation;

(iv) any place identified by the Bar Association or State Bar Council for the purpose of mediation, within the premises of the Bar Association or State Bar Council, as the case may be;

(v) any other place as may be agreed upon by the parties subject to the approval of the Court.

7. Preference. The Court shall, while nominating any person from the panel of mediators referred to in Rule 3, consider his suitability for resolving the particular class of dispute involved in the suit and shall give preference to those who have proven record of successful mediation or who have special qualification or experience in mediation.

8. Duty of mediator to disclose certain facts. (a) When a person is approached in connection with his possible appointment as a mediator, the person shall disclose in writing to the parties, any circumstances likely to give rise to a justifiable doubt as to his independence or impartiality.

(b) Every mediator shall, from the time of his appointment and throughout the continuance of the mediation proceedings, without delay, disclose to the parties in writing, about the existence of any of the circumstances referred to in clause (a).

9. Cancellation of appointment. Upon information furnished by the mediator under Rule 8 or upon any other information received from the parties or other persons, if the Court, in which the suit is filed, is satisfied, after conducting such inquiry as it deems fit, and after giving a hearing to the mediator, that the said information has raised a justifiable doubt as to the mediator's independence or impartiality, it shall cancel the appointment by a reasoned order and replace him by another mediator.

10. Removal or deletion from panel. A person whose name is placed in the panel referred to in Rule 3 may be removed or his name be deleted from the said panel, by the Court which empanelled him, if:

(i) he resigns or withdraws his name from the panel for any reason;

(ii) he is declared insolvent or is declared of unsound mind;

(iii) he is a person against whom criminal charges involving moral turpitude are framed by a criminal court and are pending;

(iv) he is a person who has been convicted by a criminal court for any offence involving moral turpitude;

(v) he is a person against whom disciplinary proceedings on charges relating to moral turpitude have been initiated by appropriate disciplinary authority which are pending or have resulted in a punishment;

(vi) he exhibits or displays conduct, during the continuance of the mediation proceedings, which is unbecoming of a mediator;

(vii) the Court which empanelled, upon receipt of information, if it is satisfied, after conducting such inquiry as it deems fit, is of the view, that it is not possible or desirable to continue the name of that person in the panel:

Provided that, before removing or deleting his name, under clauses (vi) and (vii), the Court shall hear the mediator whose name is proposed to be removed or deleted from the panel and shall pass a reasoned order.

11. Procedure of mediation. (a) The parties may agree on the procedure to be followed by the mediator in the conduct of the mediation proceedings.

(b) Where he parties do not agree on any particular procedure to be followed by the mediator, the mediator shall follow the procedure hereinafter mentioned, namely:

(i) he shall fix, in consultation with the parties, a time schedule, the dates and the time of each mediation session, where all parties have to be present;

(ii) he shall hold the mediation conference in accordance with the provisions of Rule 6;

(iii) he may conduct joint or separate meetings with the parties;

(iv) each party shall, ten days before a sessions, provide to the mediator a brief memorandum setting forth the issues, which according to it, need to be resolved, and its position in respect to these issues and all information reasonably required for the mediator to understand the issue; such memoranda shall also be mutually exchanged between the parties;

(v) each party shall furnish to the mediator, copies of pleadings or documents or such other information as may be required by him in connection with the issues to be resolved:

Provided that where the mediator is of the opinion that he should look into any original document, the Court may permit him to look into the original document before such officer of the Court and on such date or time as the Court may fix.

(vi) each party shall furnish to the mediator such other information as may be required by him in connection with the issues to be resolved.

(c) Where there is more than one mediator, the mediator nominated by each party shall first confer with the party that nominated him and shall thereafter interact with the other mediators, with a view to resolving the disputes.

12. The mediator not bounded by Evidence Act, 1872 or Code of Civil Procedure, 1908. The mediator shall not be bound by the Code of Civil Procedure, 1908 or the Evidence Act, 1872 but shall be guided by principles of fairness and justice, having regard to the rights and obligations of the parties, usages of trade, if any, and the nature of the dispute.

13. Non-attendance of parties at sessions or meetings on due dates. (a) The parties shall be present personally or may be represented by their counsel or power-of-attorney holders at the meetings or sessions notified by the mediator.

(b) If a party fails to attend a sessions or a meeting notified by the mediator, other parties or the mediator can apply to the Court in which the suit is filed, to issue appropriate directions to that party to attend before the mediator and if the Court finds that a party is absenting himself before the mediator without sufficient reason, the Court may take action against the said party by imposition of costs.

(c) The parties not resident in India, may be represented by their counsel or power-of-attorney holders at the sessions or meetings.

(d) For the purpose of clauses (a) and (c) where the parties are represented by counsel or power of attorney, as the case may be, such counsel or power of attorney shall have authority to settle and compromise.

14. Administrative assistance. In order to facilitate the conduct of mediation proceedings, the parties, or the mediator with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.

15. Offer of settlement by parties. (a) Any party to the suit may, without prejudice , offer a settlement to the other party at any stage of the proceedings, with notice to the mediator.

(b) Any party to the suit may make a, with prejudice offer, to the other party at any stage of the proceedings, with notice to the mediator.

16. Role of mediator. The mediator shall attempt to facilitate voluntary resolution of the dispute by the parties, and communicate the view of each party to the other, assist them in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and generating options in an attempt to solve the dispute, emphasising that it is the responsibility of the parties to take decisions which effect them; he shall not impose any terms of settlement on the parties.

17. Parties alone responsible for taking decision. The parties must understand that the mediator any facilitates in arriving at a new decision to resolve disputes and that he will not and cannot impose any settlement nor does the mediator give any warranty that the mediation will result in a settlement. The mediator shall not impose any decision on the parties.

18. Time-limit for completion of mediation. On the expiry of sixty days from the date fixed for the first appearance of the parties before the mediator, the mediation shall stand terminated unless the Court, which referred the matter, either suo moto, or upon request by the mediator or any of the parties, and upon hearing all the parties, if of the view that extension of time is necessary or may be useful; but such extension shall not beyond a further period of thirty days.

19. Parties to act in good faith. While no one can be compelled to commit to settle his case in advance of mediation, all parties shall commit to participate in the proceedings in good faith with the intention to settle the dispute, if possible.

20. Confidentiality, disclosure and inadmissibility of information. (1) When a mediator receives confidential information concerning the dispute from any party, he shall disclose the substance of that information to the other party, if permitted in writing by the first party.

(2) When a party gives information to the mediator subject to a specific condition that it be kept confidential, the mediator shall not disclose that information to the other party, nor shall the mediator voluntarily divulge any information regarding the documents or what is conveyed to him orally as to what transpired during the mediation.

(3) Receipt or perusal, or preparation of records, reports or other documents by the mediator, or receipt of information orally by the mediator while serving in that capacity, shall be confidential and the mediator shall not be compelled to divulge information regarding the documents nor in regards to the oral information nor as to what transpired during the mediation.

(4) Parties shall maintain confidentiality in respect of events that transpired during mediation and shall not rely on or introduce the said information in any proceedings, as to:

(a) views expressed by a party in the course of the mediation proceedings;

(b) documents obtained during the mediation which were expressly required to be treated as confidential or other notes, drafts or information given by parties or mediators;

(c) proposals made or views expressed by the mediator;

(d) admission made by a party in the course of mediation proceedings;

(e) the fact that a party had or had not indicated willingness to accept a proposal.

(5) There shall be no stenographic or audio or video recording of the mediation proceedings.

(6) A mediator may maintain personal record regarding dates fixed by him and the progress of the mediation for his personal use.

21. Privacy. Mediation sessions and meetings are private; only the concerned parties or their counsel or power-of-attorney holders can attend. Other persons may attend only with the permission of the parties or with the consent of the mediator.

22. Immunity. Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of the Contempt of Courts Act, no court shall entertain or continue any civil or criminal proceedings against any person who is or was a mediator appointed by the Court, for any act, thing or word committed, done or spoken by him when, or in the course of, acting or purporting to act in the discharge of his officially delegated function as mediator, nor shall he be summoned by any party to the suit to appear in a court of law to testify in regard to information received by him or action taken by him or in respect of drafts or records prepared by him or shown to him during the mediation proceedings.

23. Communication between mediator and the Court. (a) In order to preserve the confidence of parties in the Court and the neutrality of the mediator, there should be no communication between the mediator and the Court, except as stated in clauses (b) and (c) of this Rule.

(b) If any communication between the mediator and the Court is necessary, it shall be in writing and copies of the same shall be given to the parties or their counsel or power of attorney.

(c) Communication between the mediator and the Court shall be limited to communication by the mediator,

(i) with the Court about the failure of party to attend;

(ii) with the Court with the consent of the parties;

(iii) regarding his assessment that the case is not suited for settlement through mediation;

(iv) that the parties have settled the dispute or disputes.

24. Settlement Agreement. (1) Where an agreement is reached between the parties in regard to all the issues in the suit or some of the issues, the same shall be reduced to writing and signed by the parties or their power-of-attorney holder. If any counsel have represented the parties, they shall attest the signature of their respective clients.

(2) The agreement of the parties so signed and attested shall be submitted to the mediator who shall, with a covering letter signed by him, forward the same to the Court in which the suit is pending.

(3) Where no agreement is arrived at between the parties, before the time-limit stated in Rule 18 or where, the mediator is of the view that no settlement is possible, he shall report the same to the said court in writing:

Provided that wherever the mediation fails, the mediator shall not express any opinion on the merits or demerits of the matter, conduct of the parties, the nature of process or causes which led to failure of mediation.

25. Court to fix a date for recording settlement and passing decree. (1) Within seven days of the receipt of any settlement, the Court shall issue notice to the parties fixing a day for recording the settlement, such date not being beyond a further period of fourteen days from the date of receipt of settlement, and the Court shall record the settlement, if it is not collusive.

(2) The Court shall then pass a decree in accordance with the settlement so recorded, if the settlement disposed of all the issues in the suit.

(3) If the settlement disposes of only certain issues arising in the suit, the Court shall record the settlement on the date fixed for recording the settlement and (i) if the issues are servable from other issues and if a decree could be passed to the extent of the settlement covered by those issues, the Court may pass a decree straightaway in accordance with the settlement on those issues without waiting for a decision of the Court on the other issues which are not settled, (ii) if the issues are not servable, the Court shall wait for a decision of the Court on the other issues which are not settled.

26. Fee of mediator and costs. (1) At the time of referring the disputes to mediation, the Court shall, after consulting the mediator and the parties, fix the fee of the mediator.

(2) As far as possible a consolidated sum may be fixed rather than for each session or meeting;

(3) Where there are two mediators as in clause (b) of Rule 2, the Court shall fix the fee payable to the mediators which shall be shared equally by the two sets of parties.

(4) The expenses of the mediation including the fee of the mediator, 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 Court.

(5) Each party shall bear the costs for production of witnesses on his side including experts, or for production of documents.

(6) The mediator may, before the commencement of mediation, direct the parties to deposit equal sums, tentatively, to the extent of 40% of the probable costs of the mediation, as referred to in clauses (1), (3) and (4). The remaining 60% shall be deposited with the mediator, after the conclusion of mediation. For the amount of cost paid to the mediator, he shall issue the necessary receipts and a statement of account shall be filed, by the mediator in the Court.

(7) The expenses of mediation including fees, if not paid by the parties, the Court shall, on the application of the mediator or parties, direct the concerned parties to pay, and if they do not pay, the mediator or the parties, as the case may be, shall recover the said amount as if there was a decree.

(8) Where a party is entitled to legal aid under Section 12 of the Legal Services Authority Act, 1987, the amount of fee payable to the mediator and costs shall be paid by the concerned Legal Services Authority under that Act.

27. Ethics to be followed by mediator. The mediator shall,

(1) followed and observe these rules strictly and with due diligence;

(2) not carry on any activity or conduct which could reasonably be considered as conduct unbecoming of a mediator;

(3) uphold the integrity and fairness of the mediation process;

(4) ensure that the parties involved in the mediation and fairly informed and have an adequate understanding of the procedural aspects of the process;

(5) satisfy himself/herself that he/she is qualified to undertake and complete the assignment in a professional manner;

(6) disclose any interest or relationship likely to affect impartiality or which might seek an appearance of partiality of bias;

(7) avoid, while communicating with the parties, any impropriety or appearance of impropriety;

(8) be faithful to the relationship of trust and confidentiality imposed in the office of mediator;

(9) conduct all proceedings related to the resolutions of a dispute, in accordance with the applicable law;

(10) recognise that mediation is based on principles of self-determination by the parties and that mediation process relied upon the ability of parties to reach a voluntary, undisclosed agreement;

(11) maintain the reasonable expectations of the parties as to confidentiality;

(12) refrain from promises or guarantees of results.

28. Transitory provisions. Until a panel of mediators is prepared as provided in Rule 3(a) and Rule 3(b)(i), the Court may nominate a mediator of their choice if the mediator belongs to the various classes of persons referred to in Rule 4 and is duly qualified and is not disqualified, taking into account the suitability of the mediator for resolving the particular dispute.

Part I

ALTERNATIVE DISPUTE RESOLUTION RULES

Noti. No. 404/VII-Nyaya-7-2009-5/2008, dated August 13, 2009. In exercise of the rule making power conferred under Part X of the Code of Civil Procedure, 1908 and clause (d) of sub-section (2) of Section 89 of the said Code, and all other powers enabling it in this behalf, the High Court of Judicature at Allahabad makes the following rules:

1. Title and commencement. (1) These rules may be called the Uttar Pradesh Civil Procedure Alternative Dispute Resolution Rules, 2009.

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

2. Definition. In these Rules, unless the context otherwise requires:

(a) Code means the Code of Civil Procedure, 1908 as amended from time to time.

(b) Court means for the purpose of these Rules the District Court and every Civil Court of a grade inferior to that of a District Court.

(c) Settlement by Arbitration means the process by which an arbitrator appointed by parties or by the Court, as the case may be, adjudicates the disputes between the parties to the suit and passes an award by the application of the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996), in so far as they refer to arbitration.

(d) Settlement by Conciliation means the process by which a conciliator who is appointed by parties or by the Court, as the case may be, conciliates the disputes between the parties to the suit by the application of the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) in so far as they relate to conciliation, and in particular, in exercise of his powers under Sections 67 and 73 of that Act, by making proposals for a settlement of the dispute and by formulating or reformulating the terms of a possible settlement and has a greater role than a mediator.

(e) Settlement by Mediation means the process by which a mediator appointed by parties or by the Court, as the case may be, mediates the dispute between the parties to the suit by the application of the provisions of the Uttar Pradesh Civil Procedure Mediation Rules, 2009 and in particular, by facilitating discussion between parties directly or by communicating with each other through the mediator, by assisting parties in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, generating options in an attempt to solve the dispute and emphasising that it is the parties' own responsibility for making decisions which affect them.

(f) Settlement in Lok Adalat means settlement by Lok Adalat as contemplated by the Legal Services Authority Act, 1987.

(g) Judicial Settlement means a final settlement by way of compromise entered into before a suitable institution or person to which the Court has referred the dispute and which institution or person are deemed to be the Lok Adalats under the provisions of the Legal Service Authority Act, 1987 (39 of 1987) and where after such reference, the provisions of the said Act apply as if the dispute was referred to a Lok Adalat under the provisions of that Act.

3. Procedure for directing parties to opt for alternative modes of settlement. (a) The Court shall, after recording admissions and denials at the first hearing of the suit under Rule 1 of Order 10, and where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, formulate the terms of settlement and give them to the parties for their observations under sub-section (1) of Section 89, as the parties shall submit to the Court their responses within thirty days of the first hearing.

(b) At the next hearing, which shall be not later than thirty days of the receipt of responses, the Court may reformulate the terms of a possible settlement and shall direct the parties to opt for one of the modes of settlement of disputes outside the Court as specified in clauses (a) to (d) of sub-section (1) of Section 89 read with Rule 1-A of Order 10, in the manner stated hereunder:

Provided that the Court, in the exercise of such power, shall not refer any dispute to an arbitration or to judicial settlement by a person or institution without the written consent of all the parties to the suit.

Explanation. For the purpose of this rule the words terms of settlement and the words terms of possible settlement mean a summary of the dispute or summary of the remaining dispute, respectively.

4. Persons authorised to take decision for the Union of India, State Governments and others. (i) For the purpose of Rule 3, the Union of India or the Government of a State or Union Territory, all local authorities, all Public Sector Undertakings, all statutory corporations and all public authorities shall nominate a person or persons or group of persons who are authorised to take a final decision as to the mode of alternative dispute resolution in which it proposes to opt in the event of direction by the Court under Section 89 and such nomination shall be communicated to the High Court within the period of three months from the date of commencement of these Rules and the High Court shall notify all the subordinate courts in this behalf as soon as such nomination is received from such Government or authorities.

(ii) Where such person or persons or group of persons have not been nominated as aforesaid, such party as referred to in clause (i) shall, if it is a plaintiff, file along with the plaint or if it is a defendant file, along with or before the filing of the written statement, a memo into the Court, nominating a person or persons or group of persons who is or are authorised to take a final decision as to the mode of alternative dispute resolution, which the party prefers to adopt in the event of the Court directing the party to opt for one or other mode of alternative dispute resolution.

5. Court to give guidance to parties while giving direction to opt. (a) Before directing the parties to exercise option under sub-rule (b) of Rule 3, the Court shall give such guidance as it deems fit to the parties, by drawing their attention to the relevant factors which parties will have to take into account, before they exercise their option as to the particular mode of settlement, namely:

(i) that it will be to the advantage of the parties, so far as time and expense are concerned, to opt for one or other of these modes of settlement referred to in Section 89 rather than seek a trial on the disputes arising in the suit;

(ii) that, where there is no relationship between the parties which requires to be preserved, it may be in the interest of the parties to seek reference of the matter of arbitration as envisaged in clause (a) of sub-section (1) of Section 89;

(iii) that, where there is a relationship between the parties which requires to be preserved, it may be in the interest of parties to seek reference of the matter to conciliation or mediation, as envisaged in clause (b) or (d) of sub-section (1) of Section 89.

Explanation. Disputes arising in matrimonial, maintenance and child custody matters shall, among others, be treated as cases where a relationship between the parties has to be preserved;

(iv) that, where parties are interested in a final settlement which may lead to a compromise, it will be in the interests of the parties to seek reference of the matter to Lok Adalat or to judicial settlement as envisaged in clause (c) of sub-section (1) of Section 89.

6. Procedure for reference by the Court to the different modes of settlement. (a) Where all parties to the suit except pro forma parties that is to say the parties by or against whom no relief has been sought, decide to exercise their option and to agree for settlement by arbitration, they shall apply to the Court, within thirty days of the direction of the Court under sub-rule (b) of Rule 3 and the Court shall, within thirty days of the said application, refer the matter to arbitration and hereafter the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) which are applicable after the stage of making of the reference to arbitration under that Act, shall apply as if the proceedings were referred for settlement by way of arbitration under the provisions of that Act;

(b) Where it is considered desirable to exercise the option for settlement by the Lok Adalat, the procedure envisaged under the Legal Services Authority Act, 1987 and in particular by Section 20 of that Act, shall apply;

(c) Where all the parties to the suit decide to exercise their option and to agree for judicial settlement, they shall apply to the Court within thirty days of the direction under sub-rule (b) of Rule 3 and then the Court shall, within thirty days of the application, refer the matter to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and thereafter the provisions of the Legal Services Authority Act, 1987 (39 of 1987) which are applicable after the stage of making of the reference to Lok Adalat under that Act, shall apply as if the proceedings were referred for settlement under the provisions of that Act;

(d) Where none of the parties are willing to agree to opt or agree to refer the dispute to arbitration, or Lok Adalat, or to judicial settlement, within thirty days of the direction of the Court, under sub-rule (b) of Rule 3, they shall consider if they could agree for reference to conciliation or mediation, within the same period;

(e)(i) Where all the parties opt and agree for conciliation, they shall apply to the Court, within thirty days of the direction under sub-rule (b) of Rule 3 and the Court shall, within thirty days of the application refer the matter to conciliation and thereafter the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) which are applicable after the stage of making of the reference to conciliation under that Act, shall apply, as if the proceedings were referred for settlement by way of conciliation under the provisions of that Act;

(e)(ii) Where all the parties opt and agree for mediation, they shall apply to the Court, within thirty days of the direction under sub-rule (b) of Rule 3 and the Court shall, with thirty days of the application, refer the matter to mediation and then the Uttar Pradesh Civil Procedure Mediation Rules, 2009 shall apply;

(f) Where under clause (d), all the parties are not able to opt and agree for conciliation or mediation, one or more parties may apply to the Court within thirty days of the direction under sub-rule (b) of Rule 3, seeking settlement through conciliation or mediation, as the case may be, and in that event, the Court shall, within a further period of thirty days issue notice to the other parties to respond to the application, and

(i) in case all the parties agree for conciliation, the Court shall refer the matter to conciliation and thereafter, the provisions of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to conciliation under that Act, shall apply.

(ii) in case all the parties agree for mediation, the Court shall refer the matter to mediation in accordance with the Uttar Pradesh Civil Procedure Mediation Rules, 2009 shall apply.

(iii) in case all the parties do not agree and where it appears to the Court that there exist elements of a settlement, which may be acceptable to the parties and that there is a relationship between the parties, which has to be preserved, the Court shall refer the matter to conciliation or mediation, as the case may be. In case the dispute is referred to conciliation, the provisions of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to conciliation under that Act shall (sic apply) and in case the dispute is referred to mediation, the provisions of the Uttar Pradesh Civil Procedure Mediation Rules, 2009 shall apply;

(g)(i) Where none of the parties apply for reference either to arbitration, or Lok Adalat, or judicial settlement, or for conciliation or mediation, within thirty days of the direction under sub-rule (b) of Rule 3, the Court shall, within a further period of thirty days, issue notices to the parties or their representatives fixing the matter for hearing on the question of making a reference either to conciliation or mediation.

(g)(ii) After hearing the parties or their representatives on the day so fixed the Court shall, if there exist elements of a settlement which may be acceptable to the parties and there is a relationship between the parties which has to be preserved, refer the matter to conciliation or mediation. In case the dispute is referred to conciliation, the provisions of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to Conciliation under that Act shall and in case the dispute is referred to mediation, the provisions of the Uttar Pradesh Civil Procedure Mediation Rules, 2009 shall apply;

(h)(i) No next friend or guardian for the suit shall, without the leave of the Court, expressly recorded in the proceedings of the Court, opt for any one of the modes of alternative dispute resolution nor shall enter into any settlement on behalf of a minor or person under disability with reference to the suit in which he acts as mere friend or guardian.

(h)(ii) Where an application is made to the Court for leave to enter into a settlement initiated into in the alternative dispute resolution proceedings on behalf of a minor or other person under disability and such minor or other person under disability is represented by counsel or pleader, the counsel or pleader shall file a certificate along with the said application to the effect that the settlement is, in his opinion, for the benefit of the minor or other person under disability. The decree of the Court based on the settlement to which the minor or other person under disability is a party, shall refer to the sanction of the Court thereto and shall set out the terms of the settlement.

7. Referral to the Court and appearance before the Court upon failure of attempts to settle disputes by conciliation or judicial settlement or mediation. (1) Where a suit has been referred for settlement for conciliation, mediation or judicial settlement and has not been settled or where it is felt that it would not be proper in the interests of justice to proceed further with the matter, the suit shall be referred back again to the Court with a direction to the parties to appear before the Court on a specific date.

(2) Upon the reference of the matter back to the Court under sub-rule (1) or under sub-section (5) of Section 20 of the Legal Services Authority Act, 1987, the Court shall proceed with the suit in accordance with law.

8. Training in alternative methods of resolution of disputes and preparation of manual. (a) The High Court shall take steps to have training courses conducted in places where the High Court and the District Courts or Courts of equal status are located, by requesting bodies recognized by the High Court or the Universities imparting legal education or retired Faculty Members or other persons who, according to the High Court are well versed in the techniques of alternative methods of resolution of dispute, to conduct training courses for lawyers and judicial officers.

(b)(i) The High Court shall nominate a committee of judges, faculty members including retired persons belonging to the above categories, senior members of the Bar, other members of the Bar specially qualified in the techniques of alternative dispute resolution, for the purpose referred to in clause (a) and for the purpose of preparing a detailed manual of procedure for alternative dispute resolution to be used by the Courts in the State as well as by the arbitrators, or authority or person in the case of judicial settlement or conciliators or mediators.

(b)(ii) The said manual shall describe the various methods of alternative dispute resolution, the manner in which any one of the said methods is to be opted for, the suitability of any particular method for any particular type of dispute and shall specifically deal with the role of the above persons in disputes which are commercial or domestic in nature or which relate to matrimonial, maintenance and child custody matters.

(c) The High Court and the District Courts shall periodically conduct seminars and workshops on the subject of alternative dispute resolution procedures throughout the State or States over which the High Court has jurisdiction with a view to bring awareness of such procedures and to impact training to judicial officers and lawyers.

(d) Persons who have experience in the matter of alternative dispute resolution procedures, and in particular in regard to conciliation and mediation, shall be given preference in the matter of empanelment for purposes of conciliation or mediation.

9. Applicability to other proceedings. The provisions of these rules may be applied to proceedings before the Courts, including Family Courts constituted under the Family Courts Act (66 of 1984), while dealing with matrimonial, maintenance and child custody disputes, wherever necessary, in addition to the rules framed under the Family Courts Act (66 of 1984).

Part II

CIVIL PROCEDURE MEDIATION RULES

Noti. No. 1253/VII-Nyaya-2-2009-319-08, dated August 13, 2009. In exercise of the rule making power conferred under Part X of the Code of Civil Procedure, 1908 and clause (d) of sub-section (2) of Section 89 of the said Code, and all other powers enabling it in this behalf, the High Court of Judicature at Allahabad makes the following rules.

1. Short title and commencement. (i) These rules may be called the Uttar Pradesh Civil Procedure Mediation Rules, 2009.

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

2. Extent. These rules shall apply to all court annexed mediation with regard to any suit or other proceeding filed/pending in any court subordinate to the High Court of Judicature at Allahabad. The mediation in respect of any suit or other proceeding may be referred to the Mediation and Conciliation Centre set up in the district. Upon such a reference being made to the Mediation and Conciliation Centre, these rules will apply.

3. Appointment of mediator from the panel under Rule 4 by agreement of the parties. (a) Parties to a suit may all agree on the name of the sole mediator for mediating between them.

(b) Where there are two sets of parties and are unable to agree on a sole mediator, each set of parties shall nominate a mediator.

(c) Where there are more than two sets of parties having diverse interests, each set shall nominate a person on its behalf and the said nominees shall select the sole mediator and failing unanimity in that behalf, the Court shall appoint a sole mediator.

4. Panel of mediators. (a)(i) The District and Sessions Judge in each district shall, for the purpose of appointing mediator to mediate between parties in suits or other proceedings, prepare a panel of mediators, within a period of sixty days of the commencement of these rules, after obtaining the approval of the High Court to the names included in the panel, and shall publish the approved list of mediators on their respective notice board with copy to each Bar Association in the District Courts.

(ii) Copies of the said panels referred to in clause (a) (i) shall be forwarded to all the outlying courts subordinate to the District and Sessions Judge concerned and to the Bar Associations attached to each of the outlying courts.

(b) The consent of the persons whose names are included in the panel shall be obtained before empanelling them on pro forma as set out in Schedule 1.

(c) The panel of names shall contain detailed annexure giving details of the qualifications of the mediators and their professional or technical experience in different fields.

(d) The panel of mediator appointed under clause (a) shall normally be for a period of three years from the date of appointment and further extension of the panel of mediators or any mediator shall be at the discretion of the District and Sessions Judge with the prior approval of the High Court.

(e) The District and Sessions Judge with prior approval of the High Court, may in his discretion, from time to time, add or delete any person in the panel of mediator.

5. Qualifications of persons to be empanelled under Rule 4. The following persons shall be treated as qualified and eligible for being enlisted in the panel of mediators under Rule 4, namely:

(a) Retired on superannuation District and Sessions Judges and retired on superannuation Additional District and Sessions Judge of the Uttar Pradesh Higher Judicial Service;

(b) Legal practitioners with at least fifteen years standing at the Bar at the level of the Supreme Court or the High Court or the District Courts;

(c) Experts or other professionals with at least fifteen years standing;

(d) Persons and institutions who/which are themselves experts in the mediation and have been approved and recognised by the High Court.

6. Disqualifications of persons. The following persons shall be deemed to be disqualified for being empanelled as mediators:

(i) any person who has been adjudged as insolvent or is declared of unsound mind; or

(ii) any person against whom criminal charges involving moral turpitude are framed by a criminal court and are pending; or

(iii) any person who has been convicted by a criminal court for any offence involving moral turpitude;

(iv) any person against whom disciplinary proceedings or charges relating to moral turpitude have been initiated by the appropriate disciplinary authority, which are pending or have resulted in a punishment;

(v) any person who is interested or connected with the subject matter of dispute or is related to any one of the parties or to those who represent them, unless such objection is waived by all the parties in writing;

(vi) any legal practitioner who has or is appearing for any of the parties in the suit or in any other suit or proceedings;

(vii) such other categories of persons as may be notified by the High Court.

7. Venue for conducting mediation. The mediator shall conduct the mediation at one or other of the following places:

(i) Venue of the Lok Adalat or permanent Lok Adalat;

(ii) any place identified by the District Judge within the court precincts for the purpose of conducting mediation;

(iii) any place identified by the Bar Association or State Bar Council for the purpose of mediation, within the premises of the Bar Association or State Bar Council, as the case may be;

(iv) any other place as may be agreed upon by the parties subject to the approval of the Court.

8. Preference. The Court shall, while nominating any person from the panel of mediators referred to in Rule 4, consider his suitability for resolving the particular class of dispute involved in the suit and shall give preference to those who have proven record of successful mediation or who have special qualification or experience in mediation.

9. Duty of mediator to disclose certain facts. (a) When a person is approached in connection with his proposed/possible appointment as a mediator, he shall disclose in writing any circumstances likely to give rise to a justifiable doubt as to his independence or impartiality;

(b) Every mediator shall, from the time of his appointment and throughout the continuance of the mediation proceedings, without delay, disclose to the parties in writing about the existence of any of the circumstances referred to in clause (a).

10. Cancellation of appointment. Upon information furnished by the mediator under Rule 9 or upon any other information received from the parties or other persons, if the Court, in which the suit or other proceeding is pending is satisfied, after conducting such inquiry as it deems fit, and after giving a hearing to the mediator, that the said information has raised a justifiable doubt as to the mediator's independence or impartiality, it shall cancel the appointment by a reasoned order and replace him by another mediator subject to approval of the High Court.

11. Renewal or deletion from panel. A person whose name is placed in the panel referred to in Rule 4, may be removed or his name be deleted from the said panel, by the Court which empanelled him, if:

(i) he resigns or withdraws his name from the panel for any reason;

(ii) he is declared insolvent or is declared of unsound mind;

(iii) he is a person against whom criminal charges involving moral turpitude are framed by criminal court and are pending;

(iv) he is a person who had been convicted by a criminal court for any offence involving moral turpitude;

(v) he is a person against whom disciplinary proceedings on charges relating to moral turpitude have been initiated by appropriate disciplinary authority which are pending or have resulted in a punishment;

(vi) he exhibits or displays conduct, during the continuance of the mediation proceedings, which is unbecoming of a mediator;

(vii) the Court, which empanelled, upon receipt of information, if it is satisfied, that it is not possible or desirable to continue the name of that person in the panel:

Provided that, before removing or deleting his name, under clause (vi) and (vii), the court concerned shall hear the mediator whose name is proposed to be removed or deleted from the panel and shall pass a reasoned order which shall be given effect to after its approval by the District and Sessions Judge concerned.

12. Procedure of mediation. (a) The parties may agree on the procedure to be followed by the mediator in the conduct of the mediation proceedings.

(b) Where the parties do not agree on any particular procedure to be followed by the mediator, the mediator shall follow the procedure hereinafter mentioned, namely:

(i) he shall fix, in consultation with the parties, a time schedule, the dates and the time of each mediation session, where all parties have to be present;

(ii) he shall hold the mediation conference in accordance with the provisions of Rule 7;

(iii) he may conduct joint or separate meetings with the parties;

(iv) each party shall, ten days before a session, provide to the mediator a brief memorandum setting forth the issues, which according to it, need to be resolved, and its position in respect to those issues and all information reasonably required for the mediator to understand the issue; such memoranda shall also be mutually exchanged between the parties;

(v) each party shall furnish to the mediator, copies of pleadings or documents or such other information as may be required by him in connection with the issues to be resolved:

Provided that where the mediator is of the opinion that he should look into any original document, the Court may permit him to look into the original document before such officer of the Court and on such date or time as the Court may fix;

(vi) each party shall furnish to the mediator such other information as may be required by him in connection with the issues to be resolved.

(c) Where there is more than one mediator, the mediator nominated by each party shall first confer with the party that nominated him and shall thereafter interact with the other mediators, with a view to resolving the disputes.

13. Mediator not bound by Evidence Act, 1872 or Code of Civil Procedure, 1908. The mediator shall not be bound by the Code of Civil Procedure, 1908 or the Evidence Act, 1872, but shall be guided by principles of fairness and justice, have regard to the rights and obligations of the parties, usages of trade, if any, and the nature of the dispute.

14. Non-attendance of parties at sessions or meetings on due dates. (a)(i) The parties residing in India shall be present personally or may be represented by their power of attorney holders at the meetings or sessions notified by the mediator.

(ii) The parties not resident in India may be represented by their counsel or power of attorney holders at the sessions or meetings.

(b) If a party fails to attend a session or a meeting notified by the mediator, other parties or the mediator can apply to the Court in which the suit is filed, to issue appropriate directions to that party to attend before the mediator and if the Court finds that a party is absenting himself before the mediator without sufficient reason, the Court may take action against the said party by imposition of costs.

15. Administrative assistance. In order to facilitate the conduct of mediation proceedings, the parties, or the mediator with the consent of the parties, may arrange for administrative assistance by a suitable institution or person:

(a) Offer of settlement by parties. Any party to the suit may, without prejudice offer a settlement to the other party at any stage of the proceedings, with notice to the mediator.

(b) Any party to the suit may make a, with prejudice offer, to the other party at any stage of the proceedings, with notice to the mediator.

17. Role of mediator. The mediator shall attempt to facilitate voluntary resolution of the dispute by the parties and communicate the view of each party to the other, assist them in identifying issues, reducing misunderstandings, clarifying priorities exploring areas of compromise and generating options in an attempt solve the dispute, emphasising that it is the responsibility of the parties to take decision which affect them; he shall not impose any terms of settlement on the parties.

18. Parties alone responsible for taking decision. The parties must understand that the mediator only facilitate in arriving at a decision to resolve disputes and that he will not and cannot impose any settlement nor does the mediator give any warranty that the mediation will result in a settlement. The mediator shall not impose any decision on the parties.

19. Time-limit for completion of mediation. On the expiry of sixty days from the date fixed for the first appearance of the parties before the mediator, the mediation shall stand terminated, unless the Court, which referred the matter, either suo moto or upon request by the mediator or any of the parties, and upon hearing all the parties, is of the view that extension of time is necessary or may be useful; but such extension shall not be beyond a further period of thirty days.

20. Parties to act in good faith. While no one can be compelled to commit to settle his case in advance of mediation, all parties shall commit to participate in the proceedings in good faith with the intention to settle the dispute, if possible.

21. Confidentiality disclosure and inadmissibility of information. (1) When a mediator receives confidential information concerning that dispute from any party, he shall disclose the substance of the information to the other party, if permitted in writing by the first party.

(2) When a party gives information to the mediator subject to a specific condition that it be kept confidential, the mediator shall not disclose that information to the other party, nor shall the mediator voluntarily divulge any information regarding the documents or what is conveyed to him orally as to what transpired during the mediation.

(3) Receipt or perusal, or preparation of records, reports or other documents by the mediator, or receipt of information orally by the mediator while serving in that capacity, shall be confidential and the mediator shall not be compelled to divulge information regarding the documents nor in regard to the oral information nor as to what transpired during the mediation.

(4) Parties shall maintain confidentially (sic confidentiality) in respect of events that transpired during mediation and shall not rely on or introduce the said information in any other proceedings as to:

(a) views expressed by a party in the course of the mediation proceedings;

(b) documents obtained during the mediation which were expressly required to be treated as confidential or other notes, drafts or information given by parties or mediators;

(c) proposals made or views expressed by the mediator;

(d) admission made by a party in the course of mediation proceedings;

(e) the fact that a party had or had not indicated willingness to accept a proposal.

(5) There shall be no stenographic or audio or video recording of the mediation proceedings.

22. Privacy. Mediation sessions and meetings are private; only the concerned parties of their counsel or power of attorney holders can attend. Other persons may attend only with the permission of the parties or with the consent of the mediator.

23. Immunity. No mediator shall be held liable for anything bona fide done or omitted to be done by him during the mediation proceedings for any civil or criminal action nor shall he be summoned by any party to the suit to appear in a court of law to testify in regard to information received by him or action taken by him or in respect of drafts or records prepared by him or shown to him during the mediation proceedings.

24. Communication between mediator and the Court. (a) In order to preserve the confidence of parties in the Court and the neutrality of the mediator, there should be no communication between the mediator and the Court, except as stated in clauses (b) and (c) of this rule.

(b) If any communication between the mediator and the Court is necessary, it shall be in writing and copies of the same shall be given to the parties or their counsel or power of attorney.

(c) Communication between the mediator and the Court shall be limited to:

(i) Communication by the mediator with the court concerned about the failure of party to attend;

(ii) with the court concerned with the consent of the parties;

(iii) regarding his assessment that the case is not suited for settlement through mediation;

(iv) that the parties:

(a) have settled the dispute or disputes; or

(b) have failed to arrive at a settlement; or

(c) are not willing for a settlement through mediation.

25. Settlement Agreement. (1) Where an agreement is reached between the parties in regard to all the issues in the suit or some of the issues, the same shall be reduced to writing and signed by the parties or their power-of-attorney holder. If any counsel have represented the parties, they shall attest the signature of their respective clients.

(2) The agreement of the parties so signed and attested shall be submitted to the mediator who shall, with a covering letter signed by him, forward the same to the Court in which the suit is pending.

(3) Where no agreement is arrived at between the parties, before the time limit stated in Rule 18 or where, the mediator is of the view that no settlement is possible, he shall report the same to the said court in writing.

(4) The mediator shall fix the date on which the parties to the litigation should appear before the court concerned and within that period he shall,

(a) submit the agreement where an agreement is reached between the parties; or

(b) report the result of his efforts in settling the disputer to the Court.

26. Court to fix a date for recording settlement and passing decree. (1) On the parties appearing before the Court on the date fixed by the mediator, or such other day, not being beyond seven days from the date fixed by the mediator, the court concerned shall hear the parties and if it is satisfied that the parties have settled their disputes voluntarily and that the settlement is not collusive, then it shall pass a decree in accordance with the settlement so recorded, if the settlement disposes of all the issues the suit.

(2)(i) If the settlement disposes of only certain issues arising in the suit or proceeding, the Court shall record the settlement in respect of those issues if they are severable from other issues and if a decree could be passed to the extent of the settlement covered by those issues, then the Court may pass a decree straightaway in accordance with the settlement on those issues without waiting for a decision of the Court on the other issues which are not settled.

(ii) If the issues are not severable, then in that event, the Court shall wait for a decision of the Court on the other issues, which are not settled.

27. Fee of mediator and costs. (1) At the time of referring the disputes to mediation, the Court shall, after consulting the mediator and the parties, fix the fee of the mediator.

(2) As far as possible a consolidated sum may be fixed rather than for each session or meeting.

(3) Where there are two mediators as in clause (b) of Rule 3, the Court shall fix the fee payable to the mediators, which shall be shared equally by the two sets of parties.

(4) The expense of the mediation including the fee of the mediator, 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 Court.

(5) Each party shall bear the costs for production of witnesses on his side including experts, or for production of documents.

(6) The mediator may before the commencement of mediation, direct the parties to deposit equal sums, tentatively to the extent of 40% of the probable costs of the mediation, as referred to in clauses (1), (3) and (4). The remaining 60% shall be deposited with the mediator, after the conclusion of mediation. For the amount of cost paid to the mediator, he shall issue the necessary receipts and a statement of account shall be filed, by the mediator in the Court.

(7) The expense of mediation including fee, if not paid by the parties, the Court shall on the application of the mediator or parties, direct the concerned parties to pay, and if they do not pay, the Court shall recover the said amounts as if there was a decree for the said amount.

(8) Where a party is entitled to legal aid under Section 12 of the Legal Services Authority Act, 1987, the concerned Legal Services Authority under that Act shall pay the amount of fee and costs payable to the mediator.

28. Ethics to be followed by mediator. The mediator shall:

(1) Follow and observe these rules strictly and with due diligence;

(2) Not carry on any activity or conduct which could reasonably be considered as conduct unbecoming of a mediator;

(3) Uphold the integrity and fairness of the mediation process;

(4) Ensure that the parties involved in the mediation are fairly informed and have an adequate understanding of the procedural aspects of the process;

(5) Satisfy himself/herself that he/she is qualified to undertake and complete the assignment in a professional manner;

(6) Disclose any interest or relationship likely to affect impartiality or which might seek an appearance of partiality or bias;

(7) Avoid, while communicating with the parties, any impropriety or appearance of impropriety;

(8) Be faithful to the relationship of trust and confidentiality imposed in the office of mediator;

(9) Conduct all proceedings related to the resolutions of dispute, in accordance with the applicable law;

(10) Recognise that mediation is based on principles of self-determination by the parties and that mediation process relies upon the ability of parties to reach a voluntary, undisclosed agreement;

(11) Maintain the reasonable expectations of the parties as to confidentiality;

(12) Refrain from promises or guarantees of results.

29. Transitory provisions. Until a panel of mediator is prepared by the District Court, the Courts referred to in Rule 4, may nominate a mediator of their choice if the mediator belongs to the various classes of persons referred to in Rule 5 and is duly qualified and is not disqualified, taking into account the suitability of the mediator for resolving the particular dispute.

. Judgeship Mediation and Conciliation Center

(Consent to be furnished for Empanelment)

Name:

Father's name:

ADDRESS: (a) Office:

(b) Residence:

Telephone No. (a) Office:

(b) Residence:

Academic Qualifications:

Professional Qualifications and Experience:

Technical experience, if any:

Special qualification or experience in mediation:

Enrolment number with date and the Bar Council:

I .., do hereby submit that I am willing to be empanelled as a mediator in .judgeship and give my consent for my empanelment under Rule 4 of the Uttar Pradesh Civil Procedure Mediation Rules, 2007. I assure that during my term as mediator, I shall follow ethics as prescribed in Rule 28 of the said Rules while performing my duties as mediator.

Full Signature

Date

. Judgeship Mediation and Conciliation Center

(Case sheet furnished by the Court to the centre)

1. Date of Referral:

2. Name of the Presiding Officer referring the matter:

3. Case Number:

4. Category of Case:

5. Name of Parties:

6. Contact information of Parties:

7. Names and Contact Information of Counsel:

8. List of documents annexed to case sheet:

(To be prepared and signed by the Reader of the court concerned)

. Judgeship Mediation and Conciliation Center

(Written notice to the parties and their counsel)

1. The referral of the case by the Court for mediation.

2. The date of referral.

3. Information about the process of mediation.

4. Name of the mediator.

5. That the parties may object to the mediator appointed giving their reasons for doing so within a fixed time.

6. Date and time of mediation session.

(To be prepared, signed and issued by the seniormost clerk in the centre in consultation with the mediator)

.. Judgeship Mediation and Conciliation Center

(Information Sheet furnished to the Parties)

Case Name:

Case Number:

Name of Mediator:

1. This mediation is being conducted with the purpose of arriving at an acceptable resolution by setting the dispute in a co-operative manner. Parties should participate in this in good faith.

2. The mediator will inform the parties of the time and date of the mediation sessions.

3. (a) The parties residing in India agree to

(i) attend the mediation sessions personally; or

(ii) be represented at the mediation sessions by their constituted attorney with authority to settle the dispute.

(Strike off whichever is not applicable)

(b) The parties not resident in India agree to be represented at the mediation sessions by their constituted attorney or counsel with authority to settle the dispute.

4. The mediator shall respect the confidentiality of information that the parties request him/her to keep confidential.

5. The parties shall not rely or introduce as evidence in any proceedings the view, suggestions or admissions expressed or made by a party, the proposals made by the mediator and indication of acceptance by a party during the course of the mediation proceedings.

6. The parties agree not to call the mediator as a witness or as an expert in any proceeding relating in any way to the dispute, which is the subject of mediation.

7. If the parties reach a settlement, they shall sign an agreement to that effect and this shall be filed into the Court.

8. The entire process is a voluntary process and until parties reach settlement and sign an agreement, any party is free to opt out of the process.

9. If the parties fail to reach settlement, the matter shall be referred back to the Court.

(To be signed and dated by each party and the learned counsel identifying them)

Judgeship Mediation and Conciliation Center

(Settlement Agreement)

This Settlement Agreement entered into on between . identified by Sri . .. Advocate and .. identified by Sri . .. Advocate

Whereas

1. Disputes and differences had arisen between the parties hereto and . (case no.) was filed on . (date of institution) before . (give particulars of the court concerned).

2. The matter was referred to mediation vide an order dated passed by .. (name and designation of the Presiding Officer concerned).

3. The parties agreed that Sri . (name of the Mediator) would act as their Mediator.

4. Meetings were held during the process of Mediation from . to and the parties have with the assistance of the mediator voluntarily arrived at an amicable solution resolving the abovementioned disputes and differences.

5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement/Agreement in the presence of the Mediator.

6. The following settlement has been arrived at between the parties hereto:

A ..

B ..

C .

7. By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to . (Case No.) and the parties hereto through the, process of Mediation in this regard have amicably settled all disputes and differences.

Parties full signature with date

Counsel's full signature with date:

(Additions/alterations in the form as per requirement are permitted)

Judgeship, Mediation and

1. Court Case No.:

2. Referred by:

3. Date of Referral:

4. Mediators: (a)

(b)

(c)

5. Date (s) of Mediation Sessions:

(i) Mediation completed, Agreement enclosed

Or

(ii) Mediation completed, no. agreement.

Or

(iii) Parties not willing for the Mediation.

6. The parties have been directed to appeal before the Court on ..

Signed by Mediator (s)

Dated:

Noti. No. 4679-G, dt. 6th December, 2006. In exercise of the rule-making power under Part X of the Code of Civil Procedure, 1908 (5 of 1908) and clause (d) of sub-section (2) of Section 89 of the said Code, the High Court at Calcutta is hereby framing the following Rules:

Part I

ALTERNATIVE DISPUTE RESOLUTION RULES

1. Title. These rules in Part I shall be called the Civil Procedure Alternative Dispute Resolution Rules, 2006.166

2. Procedure for directing parties to opt for alternative modes of settlement. (a) The Court shall, after recording admissions and denials at the first hearing of the suit under Rule 1 Order 10 and where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, formulate the terms of settlement and, give them to the parties for their observations under sub-section (1) of Section 89, and the parties shall submit to the Court their responses within thirty days of the first hearing:

Provided that the response may include settlement by the parties on terms other than those formulated by the Court and unless unlawful, the Court may act upon such settlement.

(b) At the next hearing, which shall be not later than thirty days of the receipt of responses, the Court may reformulate the terms of a possible settlement and shall direct the parties to opt for one of the modes of settlement of disputes outside the Court as specified in clauses (a) to (d) of sub-section (1) of Section 89 read with Rule 1-A of Order 10 in the manner stated hereunder:

Provided that the Court, in the exercise of such power, shall not refer any dispute to arbitration or to judicial settlement by a person or institution without the written consent of all the parties to the suit.

3. Persons authorised to take decision for the Union of India, State Governments and others. (1) For the purpose of Rule 2, the Union of India or the Government of a State or a Union Territory, all local authorities, all public sector undertakings, all statutory corporations and all public authorities shall nominate a person or persons or group of persons who are authorised to take a final decision as to the mode of alternative dispute resolution in which it proposes to opt in the event of direction by the Court under Section 89 and such nomination shall be communicated to the High Court within the period of three months from the date of commencement of these rules and the High Court shall notify all the subordinate courts in this behalf as soon as such nomination is received from such Government or authorities.

(2) Where such person or persons or group of persons have not been nominated as aforesaid, such party as referred to in clause (1) shall, if it is a plaintiff, file along with the plaint or if it is a defendant, file along with or before the filing of the written statement, a memo into the Court, nominating a person or persons or group of persons who is or are authorised to take a final decision as to the mode of alternative dispute resolution, which the party refers to adopt in the event of the Court directing the party to opt for one or other mode of alternative dispute resolution.

4. Court to give guidance to parties while giving direction to opt. (a) Before directing the parties to exercise option under clause (b) of Rule 2, the Court shall give such guidance as it deems fit to the parties, by drawing their attention to the relevant factors which parties will have to take into account, before they exercise their option as to the particular mode of settlement, namely:

(i) that it will be to the advantage of the parties, so far as time and expense are concerned, to opt for one or other of these modes of settlement referred to in Section 89 rather than seek a trial on the disputes arising in the suit;

(ii) that, where there is no relationship between the parties which requires to be preserved, it may be in the interest of the parties to seek reference of the matter of arbitration as envisaged in clause (a) of sub-section (1) of Section 89;

(iii) that, where there is a relationship between the parties which requires to be preserved, it may be in the interest of parties to seek reference of the matter to conciliation or mediation, as envisaged in clause (b) or (d) of sub-section (1) of Section 89;

Explanation. Disputes arising out of matrimonial, maintenance and child custody matters shall, among others, be treated as the cases where a relationship between the parties has to be preserved.

(iv) that, where parties are interested in a final settlement which may lead to a compromise, it will be in the interests of the parties to seek reference of the matter to the Lok Adalat or to judicial settlement as envisaged in clause (c) of sub-section (1) of Section 89;

(v) the difference between the different modes of settlement, namely, arbitration, conciliation, mediation and judicial settlement is explained below:

Settlement by arbitration means the process by which an arbitrator appointed by the parties or by the Court, as the case may be, adjudicates the disputes between the parties to the suit and passes an award by the application of the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996), insofar as they refer to arbitration.

Settlement by conciliation means the process by which a conciliator who is appointed by the parties or by the Court, as the case may be, conciliates the disputes between the parties to the suit by the application of the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) insofar as they relate to conciliation, and in particular, in exercise of his powers under Sections 67 and 73 of that Act, by making proposals for a settlement of the dispute and by formulating or reformulating the terms of a possible settlement and has a greater role than that of a mediator.

Settlement by mediation means the process by which a mediator appointed by the parties or by the Court, as the case may be, mediates the dispute between the parties to the suit by the application of the provisions of the Mediation Rules, 2006 in Part II, and in particular, by facilitating discussion between parties directly or by communicating with each other through the mediator, by assisting parties in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, generating options in an attempt to solve the dispute and emphasising that it is the parties' own responsibility for making decisions which affect them.

Settlement in the Lok Adalat means settlement by the Lok Adalat as contemplated by the Legal Services Authorities Act, 1987.

Judicial settlement means a final settlement by way of compromise entered into before a suitable institution or person to which the Court has referred the dispute and such institution or person is deemed to be the Lok Adalats under the provisions of the Legal Services Authorities Act, 1987 (39 of 1987) and where after such reference, the provisions of the said Act apply as if the dispute was referred to a Lok Adalat under the provisions of that Act.

5. Procedure for reference by the Court to the different modes of settlement. (a) Where all the parties to the suit decide to exercise their option and to agree for settlement by arbitration, they shall apply to the Court, within thirty days of the direction of the Court under clause (b) of Rule 2 and the Court shall, within thirty days of the said application, refer the matter to arbitration and thereafter the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) which are applicable after the stage of making of the reference to arbitration under that Act, shall apply as if the proceedings were referred for settlement by way of arbitration under the provisions of that Act.

(b) Where all the parties to the suit decide to exercise their option and to agree for settlement by the Lok Adalat or where one of the parties applies for reference to the Lok Adalat, the procedure envisaged under the Legal Services Authorities Act, 1987 and in particular, by Section 20 of that Act, shall apply.

(c) Where all the parties to the suit decide to exercise their option and to agree on a judicial settlement, they shall apply to the Court within thirty days of the direction under clause (b) of Rule 2 and then, the Court shall, within thirty days of the application, refer the matter to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and thereafter, the provisions of the Legal Services Authorities Act, 1987 (39 of 1987) which are applicable after the stage of making of the reference to the Lok Adalat under that Act, shall apply as if the proceedings were referred for settlement under the provisions of that Act.

(d) Where none of the parties are willing to agree to opt or agree to refer the dispute to arbitration, or the Lok Adalat, or to a judicial settlement, within thirty days of the direction of the Court under clause (b) of Rule 2, they shall consider if they could agree for a reference to conciliation or mediation, within the same period.

(e)(i) Where all the parties opt and agree for conciliation, they shall apply to the Court, within thirty days of the direction under clause (b) of Rule 2 and the Court shall, within thirty days of the application refer the matter to conciliation and thereafter the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) which are applicable after the stage of making of the reference to conciliation under that Act shall apply, as if the proceedings were referred for settlement by way of conciliation under the provisions of that Act.

(ii) Where all the parties opt and agree for mediation, they shall apply to the Court, within thirty days of the direction under clause (b) of Rule 2 and the Court shall, within thirty days of the application, refer the matter to mediation and then, the Mediation Rules, 2003 in Part II shall apply.

(f) Where under clause (d), all the parties are not able to opt and agree for conciliation or mediation, one or more of the parties may apply to the Court within thirty days of the direction under clause (b) of Rule 2, seeking settlement through conciliation or mediation, as the case may be, and in that event, the Court shall, within a further period of thirty days, issue notice to the other parties to respond to the application, and

(i) In case all the parties agree for conciliation, the Court shall refer the matter to conciliation and thereafter, the provisions of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to conciliation under that Act, shall apply.

(ii) In case all the parties agree for mediation, the Court shall refer the matter to mediation in accordance with the Civil Procedure Mediation Rules, 2003 in Part II shall apply.

(iii) In case all the parties do not agree and where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties and that there is a relationship between the parties which has to be preserved, the Court shall refer the matter to conciliation or mediation, as the case may be. In case the dispute is referred to conciliation, the provisions of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to conciliation under that Act shall and in case the dispute is referred to mediation, the provisions of the Civil Procedure Mediation Rules, 2003, shall apply.

(g) (i) Where none of the parties apply for reference either to arbitration or the Lok Adalat, or judicial settlement, or for conciliation or mediation, within thirty days of the direction under clause (b) of Rule 2, the Court shall, within a further period of thirty days, issue notices to the parties or their representatives fixing the matter for hearing on the question of making a reference either to conciliation or mediation.

(ii) After hearing the parties or their representatives on the day so fixed, the Court shall, if there exist elements of a settlement which may be acceptable to the parties and there is a relationship between the parties which has to be preserved, refer the matter to conciliation or mediation. In case the dispute is referred to conciliation, the provisions of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to conciliation under that Act shall apply and in case the dispute is referred to mediation, the provisions of the Civil Procedure Mediation Rules, 2006 shall apply.

(h) (i) No next friend or guardian for the suit shall, without the leave of the Court expressly recorded in the proceedings of the Court, opt for any one of the modes of alternative dispute resolution nor shall he enter into any settlement on behalf of a minor or person under disability with reference to the suit in which he acts as mere next friend or guardian.

(ii) Where an application is made to the Court for leave to enter into a settlement through the alternative dispute resolution proceedings on behalf of a minor or other person under legal disability and such minor or other person under disability is represented by a counsel or a pleader, the counsel or the pleader shall file a certificate along with the said application to the effect that the settlement is, in his opinion, for the benefit of the minor or other person under disability. The decree of the Court based on the settlement to which the minor or other person under legal disability is a party, shall refer to the sanction of the Court thereto and shall set out the terms of the settlement.

6. Referral to the Court and appearance before the Court upon failure of attempts to settle disputes by conciliation or judicial settlement or mediation. (1) Where a suit has been referred for settlement for conciliation, mediation or judicial settlement and has not been settled or where it is felt that it would not be proper in the interest of justice to proceed further with the matter, the suit shall, be referred back again to the Court with a direction to the parties to appear before the Court on a specific date.

(2) Upon the reference of the matter back to the Court under sub-rule (1) or under sub-section (5) of Section 20 of the Legal Services Authorities Act, 1987, the Court shall proceed with the suit in accordance with law.

7. Training in alternative methods of resolution of disputes, and preparation of manual. (a) The High Court shall take steps to have training courses conducted in places where the High Court and the District Courts or Courts of equal status are located, by requesting any institution recognised by the High Court or the universities imparting legal education or retired faculty members thereof or other persons who, according to the High Court, are well versed in the techniques of alternative methods of resolution of disputes, to conduct training courses for the lawyers and the judicial officers.

(b) (i) The High Court shall nominate a Committee of Judges, faculty members including retired persons belonging to the above categories, senior members of the Bar, other members of the Bar specially qualified in the techniques of alternative dispute resolution, for the purpose referred to in clause (a) and for the purpose of preparing a detailed manual of procedure for alternative dispute resolution to be used by the Courts in the State as well as by the arbitrators, or authority or person in the case of judicial settlement or the conciliators or the mediators.

(ii) The said manual shall describe the various methods of alternative dispute resolution, the manner in which any one of the said methods is to be opted for, the suitability of any particular method for any particular type of dispute and shall specifically deal with the role of the above persons in the disputes which are commercial or domestic in nature or which relate to matrimonial, maintenance and child custody matters.

(c) The High Court and the District Courts shall periodically conduct seminars and workshops on the subject of alternative dispute resolution procedures throughout the State or States over which the High Court has jurisdiction with a view to bring awareness of such procedures and to impart training to the lawyers and the judicial officers.

(d) Persons who have experience in the matter of alternative dispute resolution procedures, and in particular, in regard to conciliation and mediation, shall be given preference in the matter of empanelment for the purposes of conciliation or mediation.

8. Applicability to other proceedings. The provisions of these Rules may be applied to the proceedings before the Courts, including the Family Courts constituted under the Family Courts Act (66 of 1984), while dealing with the matrimonial, maintenance and child-custody disputes, wherever necessary, in addition to the rules framed under the Family Courts Act (66 of 1984).

9. Until the manual referred to in Rule 7 is prepared by the High Court, the Courts mentioned in Rule 2, may nominate the person indicated in Rule 5 hereof of its choice provided such person has the requisite qualification and is otherwise suitable.

Part II

CIVIL PROCEDURE MEDIATION RULES

1. Title. These rules in Part II shall be called the Civil Procedure Mediation Rules, 2006.

2. Appointment of mediator. (a) Parties to a suit may all agree on the name of the sole mediator for mediating between them.

(b) Where, there are two sets of parties and are unable to agree on a sole mediator, each set of parties shall nominate a mediator.

(c) Where parties agree on a sole mediator under clause (a) or where parties nominate more than one mediator under clause (b), the mediator need not necessarily be from the panel of the mediators referred to in Rule 3 nor should he possess the qualifications referred to in Rule 4 but he should not be a person who suffers from the disqualifications referred to in Rule 5.

(d) Where there are more than two sets of parties having diverse interests, each set shall nominate a person on its behalf and the said nominees shall select the sole mediator and failing unanimity in that behalf, the Court shall appoint a sole mediator.

3. Panel of mediators. (a) The High Court shall, for the purpose of appointing mediators between the parties in suits filed on its original side, prepare a panel of mediators and publish the same on its notice board, within thirty days of the coming into force of these rules, with a copy to the Bar Association, Bar Library Club and the Incorporated Law Society.

(b) (i) The Courts of the Principal District and Sessions Judge in each district or the Courts of the Principal Judge of the City Civil Court or the courts of equal status shall, for the purposes of appointing mediators to mediate between parties in suits filed on their original side, prepare a panel of mediators, within a period of sixty days of the commencement of these rules. After obtaining the approval of the High Court to the names included in the panel, the same shall be published on the respective notice boards.

(ii) Copies of the said panels referred to in clause (i) shall be forwarded to all the courts of equivalent jurisdiction or courts subordinate to the courts referred to in sub-clause (i) and to the Bar Associations attached to each of the courts.

(c) The consent of the persons whose names are included in the panel shall be obtained before empanelling them.

(d) The panel of names shall contain a detailed annexure giving details of the qualifications of the mediators and their professional or technical experience in different fields.

4. Qualifications of persons to be empanelled under Rule 3. The following persons shall be treated as qualified and eligible for being enlisted in the panel of mediators under Rule 3, namely:

(a) (i) Retired Judges of the Supreme Court of India;

(ii) Retired Judges of the High Court;

(iii) Retired District and Sessions Judges or retired Judges of the City Civil Court or courts of equivalent status.

(b) Legal practitioners with at least fifteen years' standing at the Bar at the level of the Supreme Court or the High Court or the District Courts or the courts of equivalent status;

(c) Experts or other professionals with at least fifteen years' standing;

(d) Institutions which are themselves experts in mediation and have been recognised as such by the High Court, provided the names of its members are approved by the High Court initially or whenever there is chance in membership.

5. Disqualifications of persons. The following persons shall be deemed to be disqualified for being empanelled as mediators:

(i) any person who has been adjudged as insolvent or is declared of unsound mind, or

(ii) any person against whom criminal charges involving moral turpitude are framed by a criminal court and are pending, or

(iii) any person who has been convicted by a criminal court for any offence involving moral turpitude,

(iv) any person against whom disciplinary proceedings or charges relating to moral turpitude have been initiated by the appropriate disciplinary authority which are pending or have resulted in a punishment,

(v) any person who is interested or connected with the subject-matter of dispute or is related to any one of the parties or to those who represent them, unless such objection is waived by all the parties in writing,

(vi) any legal practitioner who has or is appearing for any of the parties in the suit or in any other suit or proceedings,

(vii) such other categories of persons as may be notified by the High Court.

6. Venue for conducting mediation. The mediator shall conduct the mediation at one or other of the following places:

(i) Venue of the Lok Adalat or permanent Lok Adalal.

(ii) any place specified by the District Judge within the court precincts for the purpose of conducting mediation.

(iii) any place specified by the Bar Association or State Bar Council for the purpose of mediation, within the premises of the Bar Association or State Bar Council, as the case may be.

(iv) any other place as may be agreed upon by the parties subject to the approval of the Court.

7. Preference. The Court shall, while nominating any person from the panel of mediators referred to in Rule 3, consider his suitability for resolving the particular class of dispute involved in the suit and shall give preference to those who have proven-record of successful mediation or who have special qualification or experience in mediation.

8. Duty of mediator to disclose certain facts. (a) When a person is approached in connection with his possible appointment as a mediator, the person shall disclose in writing to the parties any circumstances likely to give rise to a justifiable doubt as to his independence or impartiality.

(b) Every mediator shall, from the time of his appointment and throughout the continuance of the mediation proceedings, without delay, disclose to the parties in writing about the existence of any of the circumstances referred to in clause (a).

9. Cancellation of appointment. Upon information furnished by the mediator under Rule 8 or upon any other information received from the parties or other persons, if the Court, in which the suit is filed, is satisfied after conducting such inquiry, as it deems fit, and after giving a hearing to the mediator, that the said information has raised a justifiable doubt as to the mediator's independence or impartiality, it shall cancel the appointment by a reasoned order and replace him by another mediator.

10. Removal or deletion from panel. A person, whose, name is placed in the panel referred to in Rule 3, may be removed or his name may be deleted from the said panel, by the Court which empanelled him, if:

(i) he resigns or withdraws his name from the panel for any reason; or

(ii) he is declared insolvent or is declared of unsound mind; or

(iii) he is a person against whom criminal charges involving moral turpitude are framed by a criminal court and are pending; or

(iv) he is a person who has been convicted by a criminal court for any offence involving moral turpitude; or

(v) he is a person against whom disciplinary proceedings on charges relating to moral turpitude have been initiated by the appropriate disciplinary authority which are pending or have resulted in a punishment; or

(vi) he exhibits or displays conduct, during the continuance of the mediation proceedings, which is unbecoming of a mediator; or

(vii) the Court which empanelled, upon receipt of information, if it is satisfied, after conducting such inquiry as it deems fit, is of the view that it is not possible or desirable to continue the name of that person in the panel:

Provided that, before removing or deleting his name, under clauses (vi) and (vii), the Court shall hear the mediator whose name is proposed to be removed or deleted from the panel and shall pass a reasoned order.

11. Procedure of mediation. (a) The parties may agree on the procedure to be followed by the mediator in the conduct of the mediation proceedings.

(b) Where the parties do not agree on any particular procedure to be followed by the mediator, the mediator shall follow the procedure hereinafter mentioned, namely:

(i) he shall fix, in consultation with the parties, a time-schedule, the dates and the time of each mediation-session, where all parties have to be present;

(ii) he shall hold the mediation-conference in accordance with the provisions of Rule 6;

(iii) he may conduct joint or separate meetings with the parties;

(iv) each party shall, ten days before a session, provide to the mediator a brief note setting forth the issues, which according to it, need to be resolved, and its position in respect to those issues and all information reasonably required for the mediator to understand the issue; such memoranda shall also be mutually exchanged between the parties;

(v) each party shall furnish to the mediator, copies of pleadings or documents or such other information as may be required by him in connection with the issues to be resolved:

Provided that where the mediator is of the opinion that he should look into any original document, the Court may permit him to look into the original document before such officer of the Court and on such date or time as the Court may fix;

(vi) each party shall furnish to the mediator such other information as may be required by him in connection with the issues to be resolved.

(c) Where there is more than one mediator, the mediator nominated by each party shall first confer with the party that nominated him and shall thereafter interact with the other mediators, with a view to resolving the disputes.

12. Mediator not bound by the Evidence Act, 1872 or the Code of Civil Procedure, 1908. The mediator shall not be bound by the Code of Civil Procedure, 1908 of the Evidence Act, 1872, but shall be guided by the principles of fairness and justice, having regard to the rights and obligations of the parties, usages of trade, if any, and the nature of the dispute.

13. Non-attendance of parties at sessions or meetings on due dates. (a) The parties shall be present personally or may be represented by their counsel or power-of-attorney holders at the meetings or sessions notified by the mediator.

(b) If a party fails to attend a session or a meeting notified by the mediator, other parties or the mediator can apply to the Court in which the suit is filed, to issue appropriate directions to that party to attend before the mediator and if the Court finds that a party is absenting himself before the mediator without sufficient reason, the Court may take action against the said party by imposition of costs.

(c) The parties not resident in India may be represented by their counsel or power-of-attorney holders at the sessions or meetings.

14. Administrative assistance. In order to facilitate the conduct of mediation proceedings, the parties, or the mediator with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.

15. Offer of settlement by parties. Any party to the suit may, without prejudice , offer a settlement to the other party at any stage of the proceedings, with notice to the mediator.

16. Role of the mediator. The mediator shall attempt to facilitate voluntary resolution of the dispute by the parties, and communicate the view of each party to the other, assist them in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and generating options in an attempt to solve the dispute, emphasising that it is the responsibility of the parties to take decisions which affect them; he shall not impose any terms of settlement on the parties.

17. Parties alone responsible for taking decision. The parties must understand that the mediator only facilitates in arriving at a decision to resolve disputes and that he will not and cannot impose any settlement nor does the mediator give any warranty that the mediation will result in a settlement. The mediator shall not impose any decision on the parties.

18. Time-limit for completion of mediation. On the expiry of sixty days from the date fixed for the first appearance of the parties before the mediator, the mediation shall stand terminated, unless the Court, which referred the matter, either suo motu, or upon request by the mediator or any of the parties, and upon hearing all the parties, is of the view that extension of time is necessary or may be useful; but such extension shall not be beyond a further period of thirty days.

19. Parties to act in good faith. While no one can be compelled to commit to settle his case in advance of mediation, all parties shall commit to participate in the proceedings in good faith with the intention to settle the dispute, if possible.

20. Confidentiality, disclosure and inadmissibility of information. (1) When a mediator receives confidential information concerning the dispute from any party, he shall disclose the substance of that information to the other party, if permitted in writing by the first party.

(2) When a party gives information to the mediator subject to a specific condition that it should be kept confidential, the mediator shall not disclose that information to the other party, nor shall the mediator voluntarily divulge any information regarding any document or what is conveyed to him orally or as to what transpired during the mediation.

(3) Receipts or perusal, or preparation of records, reports or other documents by the mediator, or receipt of information orally by the mediator while serving in that capacity, shall be confidential and the mediator shall not be compelled to divulge any information regarding the documents nor in regard to the oral information nor as to what transpired during the mediation.

(4) Parties shall maintain confidentiality in respect of the events that transpired during mediation and shall not rely on or introduce the said information in any other proceedings as to:

(a) views expressed by a party in the course of the mediation proceedings;

(b) documents obtained during the mediation which were expressly required to be treated as confidential or other notes, drafts or information given by the parties or the mediators;

(c) proposals made or views expressed by the mediator;

(d) admission made by a party in course of the mediation proceedings;

(e) the fact that a party had or had not indicated willingness to accept a proposal.

(5) There shall be no stenographic or audio or video recording of the mediation proceedings.

21. Privacy. Mediation sessions and meetings are private; only the parties or their counsel or power-of-attomey holders concerned can attend. Other persons may attend only with the permission of the parties and with the consent of the mediator.

22. Immunity. No mediator shall be held liable for anything bona fide done or omitted to be done by him during the mediation proceedings for civil or criminal action nor shall he be summoned by any party to the suit to appear in a court of law to testify in regard to any information received by him or action taken by him or in respect of drafts or records prepared by him or shown to him during the mediation proceedings.

23. Communication between mediator and the Court. (a) In order to preserve the confidence of parties in the Court and the neutrality of the mediator, there should be no communication between the mediator and the Court, except as stated in clauses (b) and (c) of this Rule.

(b) If any communication between the mediator and the Court is necessary, it shall be in writing and the copies of the same shall be given to the parties or their counsel or the constituted attorney representing such party.

(c) Communication between the mediator and the Court shall be restricted to the following matters:

(i) about the failure of the party to attend;

(ii) regarding the assessment of the mediator that the case is not suited for settlement through mediation;

(iii) the information that the parties have settled the dispute or disputes;

(iv) such other matters as the parties may agree in writing as provided in clause (b) above.

24. Settlement agreement. (1) Where an agreement is reached between the parties in regard to all the issues in the suit or some of the issues, the same shall be reduced to writing and signed by the parties or their constituted attorney representing them. If any counsel have represented the parties, they shall attest the signature of their respective clients.

(2) The agreement of the parties so signed and attested shall be submitted to the mediator who shall, with a covering letter signed by him, forward the same to the Court in which the suit is pending.

(3) Where no agreement is arrived at between the parties before the time-limit stated in Rule 18 or where, the mediator is of the view that no settlement is possible, he shall report the same to the said court in writing.

25. Court to fix a date for recording settlement and passing decree. (1) Within seven days of the receipt of any settlement, the Court shall issue notice to the parties fixing a day for recording the settlement, such date not being beyond a further period of fourteen days from the date of receipt of settlement, and the Court shall record the settlement, if it is not illegal or opposed to public policy or collusive.

(2) The Court shall then pass a decree in accordance with the settlement so recorded, if the settlement disposes of all the issues in the suit.

(3) If the settlement disposes of only certain issues arising in the suit, the Court shall record the settlement on the date fixed for recording the settlement; and

(i) If the issues are severable from the other issues and if a decree could be passed to the extent of the settlement covered by those issues, the Court may pass a decree straightaway in accordance with the settlement on those issues without waiting for a decision of the Court on the other issues which are not settled.

(ii) If the issues are not severable, the Court shall wait for a decision of the Court on the other issues which are not settled.

26. Fees of the mediator and costs. (1) At the time of referring the disputes to mediation, the Court shall, after consulting the mediator and the parties, fix the fees of the mediator.

(2) As far as possible a consolidated sum may be fixed rather than for each session or meeting.

(3) Where there are two mediators as in clause (b) of Rule 2, the Court shall fix the fees payable to the mediators which shall be shared equally by the two sets of parties.

(4) The expenses of the mediation including the fees of the mediator, 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 Court.

(5) Each party shall bear the costs for production of witnesses on his side including that of experts, or for production of documents.

(6) The mediator may, before the commencement of the mediation, direct the parties to deposit equal sums, tentatively, to the extent of 30% of the probable costs of the mediation, as referred to in clauses (1), (3) and (4). The remaining 70% shall be deposited with the mediator, after the conclusion of mediation. For the amount of costs paid to the mediator, he shall issue the necessary receipts and a statement of account shall be filed by the mediator in the Court.

(7) In the event the expenses of the mediation including the fees are not paid by the parties, the Court shall, on the application of the mediator or the parties, direct the parties concerned to pay, and if they do not pay, the Court shall recover the said amount as if there was a decree for the said amount.

(8) Where a party is, entitled to the legal aid under Section 12 of the Legal Services Authorities Act, 1987, the amount of the fees payable to the mediator and costs shall be paid by the Legal Services Authority concerned under that Act.

27. Ethics to be followed by the mediator. The mediator shall:

(1) follow and observe these rules strictly and with due diligence;

(2) not carry on any activity or conduct which could reasonably be considered as conduct unbecoming of a mediator;

(3) uphold the integrity and fairness of the mediation process;

(4) ensure that the parties involved in the mediation are fairly informed and have an adequate understanding of the procedural aspects of the process;

(5) satisfy himself/herself that he/she is qualified to undertake and complete the assignment in a professional manner;

(6) disclose any interest or relationship likely to affect impartiality or which might seek an appearance of partiality or bias;

(7) avoid, while communicating with the parties, any impropriety or appearance of impropriety;

(8) be faithful to the relationship of trust and confidentiality reposed in the office of the mediator;

(9) conduct all proceedings related to the resolutions of a dispute in accordance with the applicable law;

(10) recognise that the mediation is based on the principle of self-determination by the parties and that the mediation process relies upon the ability of the parties to reach a voluntary, undisclosed agreement;

(11) maintain the reasonable expectations of the parties as to confidentiality;

(12) refrain from promises or guarantees of results.

28. Transitory provisions. Until a panel of the mediators is prepared by the High Court and the District Court, the Courts referred to in Rule 3, may nominate a mediator of their choice if the mediator belongs to the various classes of persons referred to in Rule 4 and is duly qualified and is not disqualified, taking into account the suitability of the mediator for resolving the particular dispute.

Note. They shall apply to all civil courts throughout the territories in relation to which, the High Court, Calcutta, exercises its jurisdiction, w.e.f. 7-12-2006.

Where any persons agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.

167[Public nuisances and other wrongful acts affecting the public]

168[(1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,

(a) by the Advocate-General, or

(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.]

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.

169(1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate-General, or two or more persons having an interest in the trust and having obtained the 170[leave of the Court,] may institute a suit, whether contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the State Government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate to obtain a decree

(a) removing any trustee;

(b) appointing a new trustee;

(c) vesting any property in a trustee;

171[(cc) directing a trustee who has been removed or a person who has ceased to be a trustee, to deliver possession of any trust property in his possession to the person entitled to the possession of such property;]

(d) directing accounts and inquiries;

(e) declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust;

(f) authorising the whole or any part of the trust property to be let, sold, mortgaged or exchanged;

(g) settling a scheme; or

(h) granting such further or other relief as the nature of the case may require.

(2) Save as provided by the Religious Endowments Act, 1863 (20 of 1863), 172[or by any corresponding law in force in 173[the territories which, immediately before the 1st November, 1956, were comprised in Part B States]], no suit claiming any of the reliefs specified in sub-section (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with the provisions of that sub-section.

174[(3) The Court may alter the original purposes of an express or constructive trust created for public purposes of a charitable or religious nature and allow the property or income of such trust or any portion thereof to be applied cypres in one or more of the following circumstances, namely:

(a) where the original purposes of the trust, in whole or in part,

(i) have been, as far as may be, fulfilled; or

(ii) cannot be carried out at all, or cannot be carried out according to the directions given in the instrument creating the trust or, where there is no such instrument, according to the spirit of the trust; or

(b) where the original purposes of the trust provide a use for a part only of the property available by virtue of the trust; or

(c) where the property available by virtue of the trust and other property applicable for similar purposes can be more effectively used in conjunction with, and to that end can suitably be made applicable to any other purpose, regard being had to the spirit of the trust and its applicability to common purposes; or

(d) where the original purposes, in whole or in part, were laid down by reference to an area which then was, but has since ceased to be, a unit for such purposes; or

(e) where the original purposes, in whole or in part, have, since they were laid down,

(i) been adequately provided for by other means, or

(ii) ceased, as being useless or harmful to the community, or

(iii) ceased to be, in law, charitable, or

(iv) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust.]

Uttar Pradesh. In its application to the State of Uttar Pradesh, in Section 92, in sub-section (1), after clause (b) the following shall be added as a new clause (bb):

(bb) for delivery of possession of any trust property against a person who has ceased to be trustee or has been removed. [Vide U.P. Act 24 of 1954, Section 2 and Schedule, Item 5, Entry 5 (w.e.f. 30-11-1954)].

The powers conferred by Sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous sanction of the State Government, exercised also by the Collector or by such officer as the State Government may appoint in this behalf.

In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed,

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;

(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

Calcutta. Add proviso

Provided that the Court of Small Causes of Calcutta shall have no power to order attachment of immovable property or to appoint a receiver of such property. Cal Gaz. Pt. I, dt. 20-4-1967.

(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last preceding section,

(a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient grounds, or

(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable ground for instituting the same,

the defendant may apply to the Court, and the Court may, upon such application, award against the plaintiff by its order such amount, not exceeding 175[fifty] thousand rupees, as it deems a reasonable compensation to the defendant for the 176[expense or injury (including injury to reputation) caused to him]:

Provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction.

(2) An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction.

134. Subs. by the A.O. 1948, for the former section.

135. Subs. by the A.O. 1950, for the Dominion of India .

136. Renumbered as sub-section (1) by Act 104 of 1976, S. 27 (w.e.f. 1-2-1977).

137. Subs. by Act 104 of 1976, S. 27 (w.e.f. 1-2-1977).

138. Ins. by Act 6 of 1948, S. 2.

139. Ins. as clause (aa) by Act 6 of 1948, S. 2.

140. Clause (aa) relettered as clause (b) by the A.O. 1948.

141. Omitted by A.O. 1948. Prior to omission it read as: (b) in the case of a suit against the Crown Representative, the Political Secretary;

142. Ins. by Act 26 of 1963, S. 3 (w.e.f. 5-6-1964).

143. Subs. by Act 26 of 1963, S. 3, for a State Government (w.e.f. 5-6-1964).

144. The word and omitted by the A.O. 1948.

145. Omitted by A.O. 1948. Prior to omission it read as: (d) in the case of a suit against the Secretary of State, a Secretary to the Central Government, the Political Secretary and a Secretary to the Provincial Government of the Province where the suit is instituted,

146. Ins. by Act 104 of 1976, S. 27 (w.e.f. 1-2-1977).

147. Subs. by Act 104 of 1976, S. 28 (w.e.f. 1-2-1977).

148. Subs. by Act 104 of 1976, S. 28 (w.e.f. 1-2-1977).

149. Ins. by Act 32 of 1949, S. 2.

150. Subs. by Act 2 of 1951, S. 12, for the former heading and Ss. 83 to 87.

151. The words Ruler of a omitted by Act 104 of 1976, S. 29 (w.e.f. 1-2-1977).

152. Subs. by Act 104 of 1976, S. 29 (w.e.f. 1-2-1977).

153. Subs. by Act 104 of 1976, S. 29 (w.e.f. 1-2-1977).

154. Subs. by Act 104 of 1976, S. 29 (w.e.f. 1-2-1977).

155. Subs. by Act 104 of 1976, S. 29 (w.e.f. 1-2-1977).

156. Subs. by Act 104 of 1976, S. 29 (w.e.f. 1-2-1977).

157. Ins. by Act 104 of 1976, S. 29 (w.e.f. 1-2-1977).

158. Relettered as cl. (aa) Act 104 of 1976, S. 29 (w.e.f. 1-2-1977).

159. Subs. by Act 104 of 1976, S. 29 (w.e.f. 1-2-1977).

160. Subs. by Act 104 of 1976, S. 29 (w.e.f. 1-2-1977).

161. Ins. by Act 104 of 1976, S. 29 (w.e.f. 1-2-1977).

162. Subs. by Act 54 of 1972, S. 3.

163. The word and omitted by Act 54 of 1972, S. 3.

164. Subs. by Act 54 of 1972, S. 3.

165. Ins. by Act 46 of 1999, S. 7 (w.e.f. 1-7-2002).

166. Published in the Kolkata Gazette, Extra., Pt. I, dt. 7-12-2006 (w.e.f. 7-12-2006).

167. Subs. by Act 104 of 1976, S. 30 (w.e.f. 1-2-1977).

168. Subs. by Act 104 of 1976, S. 30 (w.e.f. 1-2-1977).

169. S. 92 shall not apply to any religious trust in Bihar, see Bihar Act 1 of 1951.

170. Subs. by Act 104 of 1976, S. 31 (w.e.f. 1-2-1977).

171. Ins. by Act 66 of 1956, S. 9.

172. Ins. by Act 2 of 1951, S. 13.

173. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for a Part B State .

174. Ins. by Act 104 of 1976, S. 31 (w.e.f. 1-2-1977).

175. Subs. for one by Act 46 of 1999, S. 8 (w.e.f. 1-7-2002).

176. Subs. by Act 104 of 1976, S. 32 (w.e.f. 1-2-1977).