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State of Maharashtra - Section

Section 10 in The Maharashtra State Legal Aid and Advice Board Rules, 1981

10. Conciliation Cell.

(1)Every Committee shall constitute a Conciliation Cell as soon as it commences its work in connection with the legal aid scheme and services programme. The conciliation Cell shall consist of two members of the Committee and seven other members in case of District Committee and three other members in case of Taluka Legal Aid Committee. Out of which one shall be from the Cell of Scheduled Castes and Scheduled Tribes and one from women Cell. Outside Members who are appointed on the conciliation Cell shall be respectable Members of the community and they shall be selected after having regard to the confidence which they are likely to command from the public and their willingness to offer their services for work of conciliation. Preference may be given in selecting members of the Conciliation Cell to retired persons who have served in judicial or administrative positions as also respectable social workers. The Committee in selecting persons to serve on the Conciliation Cell shall have due regard to the consideration whether the persons selected shall be in a position to achieve the object of bringing about the conciliation of claims and disputes in a proper and satisfactory manner.
(2)The Conciliation Cell shall be divided into panels of two each and any claim or dispute which is referred for conciliation may be entrusted by the Member Secretary to any such panel after taking into consideration the nature of the claim or dispute.
(3)Where either party to the claim or dispute is a woman, the panel of the Conciliation Cell entrusted with the conciliation of the claim or dispute shall comprise at least of one woman and preferably a Member of the Cell for women.
(4)Where either party to the claim or dispute is a Member of the Scheduled Castes or Scheduled Tribes, the panel of the Conciliation Cell to which the claim or dispute is entrusted for conciliation shall comprise at least of one person who is a member of the Scheduled Castes or Scheduled Tribes and preferably a Member of the Cell for Scheduled Castes and Scheduled Tribes.
(5)The panel of the Conciliation Cell to which a claim or dispute is entrusted for conciliation shall issue a letter of request to the opposite party informing him about the claim or dispute and fixing a place and time at which both parties may remain present for the purpose of conciliation.
(6)Panel of the Conciliation Cell shall hear both parties at the time and place appointed by it and try to bring about conciliation of the claim or dispute.
(7)If a settlement is brought about between the parties, the panel of the Conciliation Cell shall reduce it to writing which shall be signed by both the parties after explaining the contents of the settlement to both of them. An endorsement to the effect shall be made at the end of the settlement that it has been explained to both the parties and that they have voluntarily agreed to do.
(8)If in the opinion of the Panel of the Conciliation Cell, the settlement proposed by the opposite party is reasonable but the party seeking legal aid does not accept it, the panel shall make a report to that effect to the Committee.
(9)Where a settlement is reached between the parties and the report to that effect is made by the panel of the Conciliation Cell, the Committee may in appropriate cases take necessary steps for the purpose of securing a decree or order of the Court in terms of the settlement.