The B

PUBL

(NO.PATNA 1295) P

No. B/Estt(HC)-0

code of Civil Procedure, 1

High Court is pleased to

2015, the draft of which

inviting objections, if any.

Objections, if an

Government of Bihar, Old

official gazette. After disp

Procedure (Mediation) (Am

Draft of Bihar Civ

annexed.

REGISTE

Bihar Gaze

EXTRA ORDINARY

LISHED BY AUTHORIT

9 AGRAHAYAN 1937(S)

PATNA, MONDAY, 30TH NOVEMB

LAW DEPARTMENT

—————

NOTIFICATION

The 30^th November 2015

6-37/08-7515/J—In exercise of the powers u

1908(5 of 1908) and Section 89 of the Code,

make Bihar Civil Procedure (Mediation) (A

h is here by published for information of g

ny, may be filed before the Secretary,

d Secretariat, Patna-15, within 15 days of its

posal of the objection, if any, final publicat

mendment) Rules, 2015, may be made.

vil Procedure (Mediation) (Amendment) Rule

By order of the G

SANJAY

Secretary to th

ERED NO. PT.-40

ette

BER 2015

under Part-X of the

The Hon'ble Patna

Amendment) Rules,

general public and

Law Department,

s publication in the

tion of Bihar Civil

es, 2015, is hereby

Governor of Bihar,

KUMAR,

he Government.

BIHAR GAZETTE (EXTRA) 30TH NOVEMBER 2015

Bihar Civil Procedure (Mediation)(Amendment) Rules, 2015.

1. Title and Commencement.-(i)These Rules shall be called the Bihar Civil

Procedure (Mediation)(Amendment) Rules, 2015.

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

Gazette.

2. The following sub-rule (iii)shall be added after sub rule (ii) of rule 1 of the said

Rule 2008:-

“(iii) These Rules shall apply to all mediations connected with any judicial

proceeding or other proceedings pending in the Patna High Court or in any court

subordinate thereto. The mediation in respect of any judicial proceeding or other

proceedings pending before the Patna High Court or in any other court subordinate

thereto may be referred to the Patna High Court Mediation Centre or the District Court

Mediation Centres set up by the Bihar State Legal Services Authorities. Upon such

reference being made to the Patna High Court Mediation Centre or the District Court

Mediation Centres, the same shall be governed by the present Rule”

3. Rule 2 of the said Rules, 2008 will be substituted by the following:-

“ 2.

COMPOSITION OF MEDIATION CENTRE.-

(1).Compostion of the Patna High court Mediation Centre will be as follows:

(i) Patron.- Hon’ble the Chief Justice of the Patna High Court.

(ii) Supervisory Committee.- Headed by an Hon'ble Judge of the Court as

Chairman and the following categories of persons to supervise the functioning of the

Centre. The Chairman and Members (other than ex-officio) shall be nominated by

Hon'ble the Chief Justice of the Patna High Court. The Hon'ble the Chief Justice may

change the composition of the Supervisory Committee from time to time:-

1. An Hon'ble Sitting Judge of the Patna High Court as the Chairman

2. Advocate General or his nominee out of Government counsels

3. Advocates / Presidents of the 3 Associations of the Court-3

4.Trained Mediators having longest/largest experience of Mediation in

the Centre-2

5. The Registrar General of the Patna High Court as the Secretary

6. Co-ordinator of the Centre as Joint Secretary

(iii)

Governing Committee.- Comprising of the Co-ordinator of the Centre, 2

Trained Mediator Members of Supervisory Committee and 5 trained Mediators with

experience of Mediation in the Centre to organize the day to day functioning of the centre

including allocation of work among the Mediators.

These 5 shall be nominated by the Hon'ble Chairman of the Supervisory

Committee who shall also nominate out of the 7 trained Mediators 1 as the Secretary and

2 others as Joint Secretaries to the Committee. The Hon'ble Chairman of the Supervisory

Committee may change the 5 Mediator members nominated for this Committee and also

nominate new office bearers from time to time.

(iv) Co-ordinator of the Centre.- He shall be a Judicial Officer not below the

rank of ADJ deputed by the Court/Hon'ble the Chief Justice to be executive head of the

Centre responsible for its proper working. He shall manage the administrative and

financial matters and also correspond on behalf of the Centre.

He will manage day

to day working with the help of Governing Committee and shall also implement the

decisions of the High Court Mediation Committee as well as the Supervisory Committee

of the Centre, as approved by the Patron, Hon'ble the Chief Justice.

(v) Functions of the Centre.- The following, among others, shall be the functions

of the Centre:-

BIHAR GAZETTE (EXTRA), 30TH NOVEMBER 2015

1. To receive cases referred for Mediation by the Courts.

2. To allocate cases to suitable trained Mediators.

3. To certify trained Mediators and empanel them in the Centre.

4. To send reports and other necessary communications to the referral Court.

5. To create public awareness about the process of mediation.

6. To hold workshops and seminars for the Bar and Bench to promote mediation

as an appropriate method of dispute resolution.

(2) Composition of the District Court Mediation Centre will be as follows.-

(i) Patron: District Judge of the District.

(ii) Supervisory Committee.- Headed by the Principal Judge Family Court as

Chairman and the following categories of persons to supervise the functioning of the

Centre. The Members (other than ex-officio) shall be nominated by the District Judge.

The District Judge may change the composition of the Supervisory Committee from time

to time:-

1. Principal Judge Family Court as the Chairman.

2. Public Prosecutor.

3. Government Pleader.

4. From amongst President and Secretary of the District Bar Association(s) to be

nominated by the District Judge-2

5. Trained Mediators having longest/largest experience of Mediation in the

Centre-2.

6. Co-ordinator of the Centre as Secretary.

7. The Registrar/Judge Incharge of the Civil Court as the Joint Secretary.

(iii) Governing Committee.-Comprising of the Co-ordinator of the Centre, 2

Trained Mediator Members of Supervisory Committee and 3 other trained Mediators

with experience of Mediation in the Centre to organize the day to day functioning of the

Centre including allocation of work among the Mediators. These 3 shall be nominated by

the District Judge who shall also nominate out of the 5 trained Mediators 1 as the

Secretary and 2 others as Joint Secretaries to the Committee. The District Judge may

change the 3 Mediator members nominated for this Committee and also nominate new

office bearers from time to time.

(iv) Co-ordinator of the Centre.- He shall be a Judicial Officer not below the

rank of Additional District Judge deputed by the Court. He shall be the executive head of

the Centre responsible for its proper working. He shall manage the administrative and

financial matters and also correspond on behalf of the Centre. He will manage day to day

working with the help of Governing Committee and shall also implement the decisions of

the Patna High Court Mediation Committee as well as the Supervisory Committee of the

Centre, as approved by the Patron, the District Judge.

(v) Functions of the Centre.- The following among others shall be the functions

of the Centre:-

1. To receive cases referred for Mediation by the Courts.

2. To allocate cases to suitable trained Mediators.

3. To certify trained Mediators and empanel them in the Centre.

4. To send reports and other necessary communications to the referral Court.

5. To create public awareness about the process of mediation.

6. To hold workshops and seminars for the Bar and Bench to promote mediation

as an appropriate method of dispute resolution.

(3) Appointment of Mediators.- The Co-ordinator at the Patna High Court

Mediation Centre and the Co-ordinator at the District Mediation Centre upon reference to

⁴

BIHAR GAZETTE (EXTRA) 30TH NOVEMBER 2015

mediation being received shall allocate the cases to a suitable Mediator who will fix a

date and time for the first session for mediation and,accordingly, notify all the parties

and/or their counsels of the date so fixed.

Provided that where all the parties desire the mediation to be conducted by an

agreed Mediator, not empanelled in the list of Mediators, then the Co-ordinator shall

allocate or re-allocate, as the case may be, to such Mediator accordingly, subject to the

condition that such Mediator shall not be suffering from the disqualifications referred to

in Rule-5."

4. Rule 12 of the the said Rules, 2008 is hereby deleted.

5. Sub-Rule 26 of the said Rules, 2008 shall be substituted by the following:-"26

Fee of mediator and costs-(i) Fee of the Mediators and other Sundry expenses of the

mediation centre shall be borne by the State Government and funds shall be provided by

the State under a district head.

(ii) Fee of the Mediators shall be as follows:-

(a) Rs. 3000/-(Three thousand) per Mediation in the High Court in which the

Mediation succeeds and Rs. 1500/-(One thousand and five hundred) per Mediation in the

High Court in which the Mediation fails even after putting 2-3 sittings by the Mediator

accompanied by the report/certificate of the Co-ordinator to the effect that despite every

possible effort the mediation has failed.

(b) Rs. 1500/-(One thousand and five hundred) per Mediation in the civil courts in

which the Mediation succeeds and Rs. 750/-(Seven hundred and fifty) per Mediation in

the civil courts in which the Mediation fails even after putting 2-3 sittings by the

Mediator accompanied by the report/certificate of the Co-ordinator to the effect that

despite every possible effort the mediation has failed."

6. The following new Rule 29 shall be added after Rule-28 of the said Rules,

2008:-"29 Residuary Powers.- Patna High Court Mediation Committee shall be

competent to issue necessary directions in respect of smooth functioning and conduct of

the mediation throughout the State in the shape of Scheme or otherwise and further be

competent to revise/modify the same including fee payable to the Mediator as fixed under

Rule 26 above."

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PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 1295—571+10—Egazette

Website: http://egazette.bih.nic.in