Section 68 of the Arbitration and Conciliation Act, 1996: Administrative Assistance

Section 68 deals with administrative assistance for conciliation proceedings. It allows the parties, or the conciliator with the consent of the parties, to arrange assistance from a suitable institution or person so that the conciliation can be conducted efficiently.

Text of Section 68 - Administrative Assistance

Meaning and Scope of Section 68

Section 68 is an enabling provision. It does not require the parties to appoint an institution or administrative service provider. Instead, it permits administrative support where such support would facilitate the conduct of the conciliation proceedings.

The section recognises two routes. First, the parties themselves may arrange the assistance. Second, the conciliator may arrange it, but only with the consent of the parties. This preserves party autonomy while allowing practical support for the conciliation process.

What Does Administrative Assistance Include?

The Act does not provide an exhaustive definition of the expression "administrative assistance" in Section 68. In practical terms, it may include non-adjudicatory support connected with the orderly conduct of proceedings, such as arranging meetings, communications, venue or scheduling support, document handling, and institutional coordination. The precise assistance will depend on the agreement of the parties and the needs of the proceeding.

Administrative assistance does not transfer the conciliator's statutory role to the assisting institution or person. The conciliator continues to perform the functions assigned under the conciliation provisions, including the role described in Section 67 of the Arbitration and Conciliation Act.

Who Can Provide Administrative Assistance?

Section 68 permits assistance by a "suitable institution or person". The wording is deliberately broad. Depending on the parties' arrangement, support may therefore be provided by an arbitral or mediation institution, another dispute-resolution body, an agreed professional service provider, or another suitable person capable of providing administrative support.

Consent of the Parties

If the parties themselves arrange administrative assistance, the arrangement naturally flows from their agreement. If the conciliator proposes to arrange such assistance, the statutory text expressly requires the consent of the parties. A conciliator therefore cannot unilaterally impose an administrative institution or person on the parties under Section 68.

Section 68 and the Mediation Act, 2023

The Sixth Schedule to the Mediation Act, 2023 provides that, upon commencement of the relevant amendment, existing Sections 61 to 81 would be replaced by provisions dealing with references to conciliation in other enactments and savings for earlier conciliation proceedings. Because that amendment provision has not yet commenced, the present Section 68 should not be treated as having already disappeared from the operative text.

Related Conciliation Provisions

Key Points

• Section 68 applies to administrative assistance in conciliation proceedings under Part III of the Arbitration and Conciliation Act, 1996.
• The parties may themselves arrange such assistance.
• The conciliator may arrange assistance only with the consent of the parties.
• The assistance may be provided by a suitable institution or person.
• The provision is intended to facilitate procedure and administration; it does not confer adjudicatory power on the assisting institution or person.

This page provides a general explanation of the statutory provision and should be read with the current text of the legislation and applicable notifications.