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Section 1607

xxxGIDExxx

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affiliates, promoters, holding companies, subsidiaries companies, partners, directors or employees, shall be disqualified for being nominated as a mediator in that case. Procedure for empanelment of mediator. –(1) Each Consumer Commission shall invite applications from eligible persons for empanelment as mediators, by publication of a notice in at least one English and one vernacular newspaper widely circulated in its jurisdiction. The applications received by the Mediation Cell for empanelment as mediator shall be scrutinized and the list of eligible applications shall be placed before the selection committee constituted under sub -section (1) of section 75. The Selection Committee shall determine its procedure for making its recommendation and, after taking into account the suitability, integrity as well as relevant experience of the candidates, recommend a panel to be maintained by the Mediation Cell. The panel of mediation shall consist of not more than such number of persons in the Mediation Cells attached to a Consumer Commission as may be decided by the President of that Consumer Commission. The consent of the persons whose names are included in the panel shall be obtained before empanelling them. The Mediation Cell shall be headed by the President of the Consumer Commission. Removal of mediator. — If a mediator is discovered to be disqualified or he in any manner misconducts himself as a mediator or he is otherwise found unsuitable to continue as a mediator, the Mediation Cell may remove his name from the panel of mediators after giving an opportunity of hearing to him. Re -empanelment of mediator.—Only such mediators shall be eligible for re-empanelment who, in the opinion of the Mediation Cell, have successfully and efficiently discharged their functions as empanelled mediators and such re -empanelment is made on the basis of the recommendation of the Selection Committee. Fee of mediators. — (1) A consolidated fee, in a successful mediation shall be paid to the mediator, who conducts the mediation proceedings, from the time of reference till their conclusion. The fee of the mediator empanelled with a Consumer Commission, including costs of secretarial assistance and other ancillary expenses, shall be fixed by the President of the respective Consumer Commission, case wise, considering the nature of the dispute. In an unsuccessful mediation, half of the aforesaid fee will be paid to the mediator. The fee of the mediator shall be shared equally by the two sets of parties. The mediator who successfully conducts part of the proceedings will be paid such fee as may be fixed by the President of the Consumer Commission. The fee shall be deposited in advance, with the Mediation Cell. If a party does not deposit his share of the fee or the cost of mediation, the Consumer Commission may, on the application of the mediator or any other party, direct the party in default to deposit the same within a week, and if– f– (i) he fails to deposit such fee or cost, the Consumer Commission may permit the other parties to d