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Section 30: Matters not to be referred to the mediation or conciliation

Companies (Mediation and Conciliation) RulesCentral Rules · 2013

The following matters shall not be referred to mediation or conciliation, namely :—

(a) the matters relating to proceedings in respect of inspection or investigation under Chapter XIV of the Act; or the matters which relate to defaults or offences for which applications for compounding have been made by one or more parties.

(b) cases involving serious and specific allegations of fraud, fabrication of documents forgery, impersonation, coercion etc.

(c) cases involving prosecution for criminal and non-compoundable offences.

(d) cases which involve public interest or interest of numerous persons who are not parties before the Central Government or the Tribunal or the Appellate Tribunal as the case may be.

14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] FORM MDC-l [See rule 3(3) of the Companies (Mediation and Conciliation) Rules, 2016] Application for Empanelment of Mediator or Conciliator on the Panel To The Regional Director ________ I ........................................................... S/o or D/o or W/o*…………………….. resident of .................................... (address) am hereby pleased to offer my services as Mediator or Conciliator so as to take up any assignment or matters referred by the Central Government at the places furnished hereunder:

1.________ 2._________ 3.___________ 4._______________ I possess requisite qualifications and experience in the following fields for the past _____years. In this regard, my resume or an illustrative memoranda as to my qualifications, experience, notable achievements with relevant proofs and declaration are enclosed hereto in two sets duly attested.

Area of Experience in brief :

I shall abide by the Companies (Mediation and Conciliation) Rules, 2016 and such other relevant rules or Code of Conduct or Guidelines as may be specified from time to time.

I state that upon the receipt of the intimation of offer of empanelment, the necessary documentation shall also be executed.

I request you to consider my application for empanelment in the Panel.

Place :

Dated : Signature Encl :

(Seal) *Strike off whichever is not applicable.

¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 15 FORM MDC-2 [See rule 6(2) of the Companies (Mediation and Conciliation) Rules, 2016] Application for referring the matter to the Panel To The (Designated Officer) The Central Government/Tribunal/Appellate Tribunal.

I ………………………………………….S/o or D/o or W/o*……………………..resident of _______________________(address) being a party in the proceeding before Central Government/Tribunal/Appellate Tribunal under section ____________of the Act bearing reference number ___________(if any) hereby apply for referring the matter to the Mediation and Conciliation Panel.

The requisite fee has been paid vide …………………………(details of fees paid).

Place :

Dated :

SIGNATURE * Strike off whichever is not applicable [F. No.1/36/2013-CL. V] AMARDEEP S BHATIA, Jt. Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

2016-09-15T11:17:36+0530 HARINDRA KUMAR

Where this provision sits

ActCompanies (Mediation and Conciliation) Rules
Section30
Marginal noteMatters not to be referred to the mediation or conciliation
JurisdictionCentral
StatusIn force as published by the source

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