(1) In case,—
(i) the applicant(s) and the opposite parties do not agree for reference of their dispute to a Conciliation Officer as per rule 9; or
(ii) the Conciliation Officer appointed under rule 9 (2) sends a report under sub-rule (3) of rule 10, conveying inability to work out a settlement acceptable to both the parties ; or
(iii) no report is received from a Conciliation Officer within the stipulated time-limit of one month ; or
(iv) in response to the notice issued under sub-rule (1) of of rule 12, one or both the parties decline to confirm the settlement worked out by the Conciliation Officer;
the Tribunal shall give to both the parties an opportunity of leading evidence in support of their respective claims, and shall, after a summary inquiry as provided in sub-section (1) of section 8, pass such order as it deems fit.
(2) An order passed under rule 6, rule 7 or under sub-rule (1) above shall be a speaking one, spelling out the facts of the case as ascertained by the Tribunal, and the reasons for the order.
(3) While passing an order under sub-rule (1), directing the opposite party to pay maintenance to an applicant, the Tribunal shall take the following into consideration:—
(a) Amount needed by the applicant to meet his basic needs, especially food, clothing, accommodation and health care;
(b) Income of the opposite party; and
(c) Value of, and actual and potential income from the property, if any, of the applicant which the opposite party would inherit and/or is in possession of.
LA GAZETTE DE L'ETAT [PART–II372
(4) A copy of every order passed, whether final or interim, on an application, shall be given to the applicant(s) and the opposite party or their representatives, in person, or shall be sent to them through a process server or by registered post and a copy shall be communicated to the maintenance officer.