Analyse the validity of the following with reference to the Companies (Mediation and Conciliation) Rules, 2016: Nirma, a practicing Company Secretary for last eleven years and before starting Practice, she was in employm

CS Professional · Arbitration, Mediation and Conciliation · PYQS · June 2026
Analyse the validity of the following with reference to the Companies (Mediation and Conciliation) Rules, 2016: Nirma, a practicing Company Secretary for last eleven years and before starting Practice, she was in employment as Company Secretary for five years, now she wishes to empanel as a mediator or conciliator;

Answer & Explanation:

The following qualifications are prescribed under rule 4 of the Companies (Mediation and Conciliation) Rules, 2016: A person shall not be qualified for being empanelled as mediator or conciliator unless he - has been a Judge of the Supreme Court of India; or has been a Judge of a High Court; or has been a District and Sessions Judge; or has been a Member or Registrar of a Tribunal constituted at the National level under any law for the time being in force; or has been an officer in the Indian Corporate Law Service or Indian Legal Service with fifteen years' experience; or is a qualified legal practitioner for not less than ten years; or is or has been a professional for at least fifteen years of continuous practice as Chartered Accountant or Cost Accountant or Company Secretary; or has been a Member or President of any State Consumer Forum; or is an expert in mediation or conciliation who has successfully undergone training in mediation or conciliation. In view of this, Nirma cannot be empanelled as mediator or conciliator as she is not or has not been a professional having the qualification of at least fifteen years of continuous practice as Company Secretary as per rule 4(g).

Topics: Companies (Mediation and Conciliation) Rules, 2016

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