Section 66 of the Arbitration and Conciliation Act, 1996: Conciliator Not Bound by Certain Enactments
Section 66 forms part of Part III of the Arbitration and Conciliation Act, 1996 dealing with conciliation. It provides procedural flexibility by stating that a conciliator is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
- The conciliator is not required to follow the Code of Civil Procedure, 1908 as if conducting a civil trial.
- The conciliator is also not bound by the strict evidentiary regime referred to in the statutory text.
- The purpose is to keep conciliation flexible, informal and settlement-oriented.
- Section 66 should be read with Sections 65, 67, 69 and 70, which regulate statements, the conciliator's role, communications and disclosure of information.
Statutory text of Section 66
Section 66 - Conciliator not bound by certain enactments: The conciliator is not bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872).
What does Section 66 mean?
Section 66 distinguishes conciliation from formal civil adjudication. A conciliator does not function as a civil court and is therefore not required to conduct the process according to the detailed procedural steps contained in the Code of Civil Procedure, 1908.
The provision also removes the need to apply technical rules of admissibility and proof in the same manner as a court. This allows the conciliator to consider statements, documents, explanations and settlement proposals in a practical and flexible manner, subject to the broader requirements of fairness, impartiality and the statutory scheme governing conciliation.
Section 66 and the Code of Civil Procedure, 1908
The Code of Civil Procedure, 1908 regulates the procedure of civil courts, including pleadings, summons, discovery, evidence-related procedure, judgments, decrees and execution. Section 66 makes clear that a conciliator is not required to replicate those formal court procedures.
This does not mean that a conciliator may act arbitrarily. Under Section 67, the conciliator is required to assist the parties independently and impartially and is guided by objectivity, fairness and justice.
Section 66 and the current evidence-law position
The current consolidated text of Section 66 available on India Code still expressly refers to the Indian Evidence Act, 1872. However, the Indian Evidence Act, 1872 was repealed with effect from 1 July 2024 by Section 170 of the Bharatiya Sakshya Adhiniyam, 2023, subject to the statutory savings for proceedings that were already pending immediately before commencement.
Accordingly, the wording of Section 66 should be reproduced as it presently appears in the Arbitration and Conciliation Act, 1996, while the present evidence-law framework should also be understood in light of the Bharatiya Sakshya Adhiniyam, 2023. The essential procedural principle remains that conciliation is not intended to operate as a formal evidentiary trial.
How Section 66 works with related conciliation provisions
| Provision | Subject | Connection with Section 66 |
|---|---|---|
| Section 65 | Submission of statements to conciliator | Allows the conciliator to seek statements, documents, evidence and additional information from the parties. |
| Section 66 | Conciliator not bound by certain enactments | Provides flexibility by excluding strict application of formal civil procedure and the evidence statute named in the section. |
| Section 67 | Role of conciliator | Requires independent and impartial assistance and permits the conciliator to conduct proceedings in an appropriate manner. |
| Section 69 | Communication between conciliator and parties | Permits oral or written communication jointly or separately with the parties. |
| Section 70 | Disclosure of information | Regulates disclosure of factual information received from one party to the other party, subject to confidentiality limitations. |
Why Section 66 is important in conciliation
Conciliation is designed to help parties reach an amicable settlement rather than obtain an adjudicated decision from the conciliator. Requiring strict compliance with court procedure and technical evidence rules would make the process slower and more adversarial. Section 66 therefore supports a less formal and more problem-solving approach.
The conciliator may consider the circumstances of the dispute, the wishes of the parties, oral statements, documents and other information relevant to settlement. The conciliator may also make settlement proposals under Section 67 without being required to provide formal reasons for every proposal.
Mediation Act, 2023 and the future of Part III conciliation
The Mediation Act, 2023 contains a Sixth Schedule providing for substitution of Sections 61 to 81 of the Arbitration and Conciliation Act, 1996 with new provisions dealing with references to mediation and savings for earlier conciliation proceedings. The latest consolidated Arbitration and Conciliation Act presently available on India Code, however, continues to display Section 66 in Part III.
For that reason, users dealing with a current matter should verify the latest commencement notifications and consolidated statutory text before deciding whether the older Part III conciliation provisions or the Mediation Act, 2023 framework governs a particular proceeding.
Official legal resources
Frequently asked questions
Is a conciliator bound by the Code of Civil Procedure, 1908?
No. Section 66 expressly states that the conciliator is not bound by the Code of Civil Procedure, 1908.
Is a conciliator required to follow strict rules of evidence?
Section 66 states that the conciliator is not bound by the Indian Evidence Act, 1872. Although that Act has since been repealed by the Bharatiya Sakshya Adhiniyam, 2023 subject to savings, the essential statutory purpose of Section 66 is to keep conciliation procedurally flexible rather than court-like.
Can a conciliator consider documents submitted by parties?
Yes. Under Section 65, parties may submit statements, documents and other evidence, and the conciliator may request additional information.
Does Section 66 allow the conciliator to ignore fairness?
No. Section 67 requires the conciliator to assist the parties independently and impartially and to be guided by objectivity, fairness and justice.
This page provides a general statutory explanation. For an active dispute, verify the latest consolidated legislation, commencement notifications and applicable mediation or conciliation framework from official sources.