Companies Act, 2013
442.
Mediation
and Conciliation Panel.
1. The Central
Government shall maintain a panel of experts to be called as the Mediation and
Conciliation Panel consisting of such number of experts having such
qualifications as may be prescribed for mediation between the parties during
the pendency of any proceedings before the Central Government or the Tribunal
or the Appellate Tribunal under this Act.
2. Any of the parties to
the proceedings may, at any time during the proceedings before the Central
Government or the Tribunal or the Appellate Tribunal, apply to the Central
Government or the Tribunal or the Appellate Tribunal, as the case may be, in
such form along with such fees as may be prescribed, for referring the matter
pertaining to such proceedings to the Mediation and Conciliation Panel and the
Central Government or Tribunal or the Appellate Tribunal, as the case may be,
shall appoint one or more experts from the panel referred to in sub-section (1 ).
3. The Central
Government or the Tribunal or the Appellate Tribunal before which any
proceeding is pending may, suo motu , refer any matter pertaining to such
proceeding to such number of experts from the Mediation and Conciliation Panel
as the Central Government or the Tribunal or the Appellate Tribunal, as the
case may be, deems fit.
4. The fee and other
terms and conditions of experts of the Mediation and Conciliation Panel shall
be such as may be prescribed.
5. The Mediation and
Conciliation Panel shall follow such procedure as may be prescribed and dispose
of the matter referred to it within a period of three months from the date of
such reference and forward its recommendations to the Central Government or the
Tribunal or the Appellate Tribunal, as the case may be.
6. Any party aggreived
by the recommendation of the Mediation and Conciliation Panel may file
objections to the Central Government or the Tribunal or the Appellate Tribunal,
as the case may be.