| 63. |
Procedure for referring the
disputes : |
| 1 |
Where a party to a
dispute referred in sub section (1)
of section 72 desires to have the
dispute determined in accordance
with the said section the party
shall apply to the Registrar in
writing in Form K stating interalia
(i) all the facts constitution the
cause of action, (ii) names and
addresses of the parties concerned,
(iii) facts showing that the subject
matter of dispute is not barred by
limitation,(iv) relief claimed in
terms of money or otherwise. The
application shall be duly verified
by the applicant. |
| 2 |
A party referring the dispute
under sub-section (1) of section 72
shall pay a fee of Rs. 2 which shall
be deposited in advance in the
financing bank to the credit of “the
Registrar-settlement and Execution
Expenses Fund” and attach to the
application the original pay-in-ship
for the deposit before it is
delivered in the office of the
Registrar personally or before
sending it by registered post along
with as many copies of the
application as there are parties on
the opposite side. The receipt of
the application shall be duly
acknowledged by the Registrar. |
|
3 |
On receipt of the
application, the Registrar shall
enter it in a register in Form L and
allot case No on the application.
Thereafter the Registrar shall issue
summons or notice of at least
fifteen days to all parties for a
preliminary hearing of the
application. Each of the parties
shall be supplied with supplied with
a copy of the application along with
this notice. |
| 4 |
On the date fixed for the
preliminary hearing the Registrar
shall, after hearing the parties, if
any present, determine the
maintainability of the application
and his findings on the following;- |
| i |
Where there is a
dispute, |
| ii |
Whether the
dispute comes within the purview of
sub-section (10 of section 72, |
| iii |
Where the
dispute is between the parties
mentioned in clauses (a), (b), (c)
and (d), (e) and (f),of sub-section
72 |
|
iv |
Whether the dispute is within time
according to sub-section (4) of
section 72 |
| 4 |
If the Registrar
is satisfied that the application is
maintainable, he shall by order
admit the application for decision
of the dispute in accordance with
the Provision of the Act and Rules. |
| 5 |
The Registrar
shall thereafter, require claimant
to deposit the arbitration fee in
the manner and according to the
scales of fees Prescribed in Rules
67 and shall upon such payment by
the claimant, refer the application
along with his orders thereon for
arbitration. |
| 6 |
The
Registrar or the arbitrator, as the
case may be, shall have power to
appoint or remove a guardian for the
party to the dispute who is a minor
or who by reasons of unsound mind or
mental infirmity, is incapable of
protecting his interest. |
| 7 |
The arbitrator
shall fix the date, hour and the
place of hearing of the dispute. |
| 8 |
The arbitrator may issue summons or
notice at least fifteen days before
the date fixed for the hearing of he
dispute requiring- |
| i |
the attendance
of the parties concerned and of
witnesses; and |
| i |
the
production of all books and
documents relating to the matter in
dispute. |
| 9 |
Summons or
notices may be served- |
| a |
by giving or
tendering them to the person
concerned ;or |
| b |
if such person
is not found, by leaving it at his
last known place of abode or
business or by giving or tendering
it to some adult member of his
family; or |
| c |
by sending it by
registered post ; or
if none of the means aforesaid are
available by affixing it in some
conspicuous part of his last known
place of abode or business. |
| 10 |
Service of
summons or notice on the secretary
or principal executive officer by
whatever designation known of a
society shall be regarded as service
on that society. |
| 11 |
Where the
savant officers delivers or tenders
a copy of the summons personally to
the person summoned or to an agent
or other person on his behalf, he
shall require the signature of the
person to whom the copy is so
delivered or tendered in token of
acknowledgment of service endorse on
the original summons. |
| 12 |
The serving
officer shall in all cases, in which
the summons have been served under
sub-rule (1) make an endorsement on,
or annex to the original summons, a
return stating the time when and the
manner in which the summons was
served and the name and address of
the person, if any, identifying the
person concerned and witnessing the
delivery or tender of the summons. |
| 13 |
The sufficiency
of proof or service of the summons
or notice shall be decided by the
authority which issued the same. |
| 14 |
In case any
party to the dispute, who is duly
summons absent himself at the
hearing the dispute may be decided
ex-parte |
| |
|
| |
|
| 64. |
Award or
decision : |
| 1. |
The Registrar,
the arbitrator or other person
decided the dispute shall records a
brief note of the evidence of the
parties and witnesses who attend,
and upon the evidence so recorded
and after consideration of any
documentary evidences produced by
either party shall make an award in
accordance with justice, equality,
and good conscience, he shall record
his award in writing, sign and date
it and shall communicate it to the
parties. |
| 2. |
The award shall
contain the number of reference, the
names and description of the parties
and particulars of the disputes and
shall specify clearly the relief
granted, the amount decreed, the
future interest allowed, if any, and
the coasts awarded— |
| 3. |
If no award made
immediately upon the conclusion of
the hearing of the parties, the
arbitrator shall fix the date and
place of delivery of the awards and
shall, expect for reasons to be
writing deliver the award on the
date so fixed. |
| 4. |
The award shall
be communicated to the parties by- |
| a |
pronouncement of
the award in the presence of the
parties to the dispute; or |
| b |
registrar post
to any party which may be absent on
such date. |
| 5. |
The arbitrator
shall have power to order the
expenses of determining a dispute or
the cost of either party, to be paid
by such parties or parties to the
dispute as he may think fit.
Provided that the expenses or the
costs so awarded shall not exceed
2.5 percent of the awarded amount
over the arbitration fee deposited
by the claimant with the registrar |
| 6. |
The original
records of the dispute and the
proceeding before the arbitrator
shall be delivered to the Registrar
by the arbitrator, after the
decision or award has been
delivered. |
| 7. |
Any document or
record tendered by a party may on
application be returned to the party
after the disposal of the appeal, if
any, or after the period of appeal. |
| 8. |
A copy of the
decision or award shall, on
application be given to a party by
the Registrar duly certified on
payment of the prescribed fee. |
| |
|
| 65. |
Withdrawal of
a reference by the Registrar : |
| |
On an
application by any party to the
arbitration proceeding pending
before an arbitrator, the Registrar
may for reasons to be recorded in
writing withdraw the reference from
the arbitrator appointment and may
decide the dispute himself and give
an award in the manner provided in
rule 64 or entrust the reference for
decision to another arbitrator. |
| 66. |
Appointment
of persons as arbitrator : |
| |
For the
purpose of clause (c)f sub-section
(1) of section 73, the Registrar may
appoint any person who fulfils such
qualification as may be specified by
the Registrar to perform the duties
of the arbitrator for dispute for a
period to be specified in the order,
which shall not ordinary exceed one
year but may be extended by the
Registrar by further special order
for further periods not exceeding
one years at a time. |
| 2. |
For purpose of
sub-rule (1) of rule 66, the
Registrar may appoint an arbitrator
from |
| a. |
Officers of any
department of Government; or |
| b. |
Officers,
paid—staff or members of any
society, |
| c. |
Member of
metropolitan Council and local
bodies; |
| d. |
Certified
Accountants. |
| 67. |
Arbitration
Fee |
| 1. |
The Registrar
shall have power to require the
person referring a dispute under
sub-section (1) of section 72 to
deposit in advance with the
financing bank to the Table below,
which maybe revised by the Registrar
from time to time. |
| |
TABLE A
(Schedule of fee for an arbitration) |
| |
|
| 1) |
In respect of
disputes relating to claims of money
referred to under section 72. |
| |
|
| |
| i) |
(a) in case
of claim below Rs.100 |
Rs. 10 |
| |
b. in case
of claim for Rs. 100 or
above |
2.5 percent of the
claims subject to minimum Rs.
10 and maximum Rs. 500 |
|
| 11) |
In case of
dispute of non-monetary
nature--------
a fee of not less than Rs. 100 and
not more than Rs. 500 in each case,
as may be considered reasonable by
the Registrar. |
| 2) |
The arbitrator
may be paid out of the fee recovered
under sub-rule (1). Such fee as the
registrar may think proper. |
| 3) |
No fee shall be
payable to an arbitrator till the
dispute referred to him is finally
decided. |
| 4) |
The registrar
may, in his discretion remit the
whole or any part of the fees
collected under sub-rule (1) |
| 5) |
All fees
deposited in the financing bank to
the credit of “Settlement and
Execution Expenses Fund” shall be
administered by the Registrar in
Accordance with the Regulations
contained in Schedule II. |
| |
|
| |
|
| |
|
| 68. |
Appearances
of profession practitioners ect.: |
| |
In the
proceeding under Rule 64, any party
to the dispute may take the
assistance of any other person to
represent the case on his behalf may
not but engage a legal practitioner
for the purpose. If a legal
practitioner is a member of a
society an represents the society in
the these proceeding, the other
party to the dispute shall have a
right to be represented by a legal
practitioner. |
