Sections 65 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 65 lets the conciliator ask each party for written statements and further information, with a copy of each statement going to the other side. Section 66 says the conciliator is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. This follows the India Code consolidated text consulted.
After appointment, the conciliator may request a brief written statement of the general nature of the dispute and the points at issue, then a further statement with documents and evidence, and additional information at any stage (section 65(1) to (3)). Each party sends a copy to the other for the first two. The word "conciliator" in Part III covers a sole conciliator or two or three conciliators (Explanation). The conciliator is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872 (section 66).
The Mediation Act, 2023 and Part III
The India Code text consulted prints these sections. The Mediation Act, 2023 provides for sections 61 to 81 of this Act to be replaced by two sections. Its commencement is by notification, and the date is not in the sources consulted, so check whether that change is in force before relying on Part III. Our article on sections 58 to 61 of the Mediation Act, 2023 explains the amendments.
Where these sections fit
The conciliator is appointed under sections 63 and 64; see our article on number and appointment of conciliators. Section 65 begins "upon his appointment", so it is the first working step. Business owners who reach conciliation through the MSME route should also read the next part of this article, because the MSMED Act, 2006 applies these sections to conciliation before the Facilitation Council. If you need help preparing a statement or a document bundle, our MSME conciliation and arbitration team can assist.
Section 65: the three kinds of request
| Provision | Who | What the conciliator may request | Copy to the other party |
|---|---|---|---|
| 65(1) | Each party | A brief written statement describing the general nature of the dispute and the points at issue | Yes: each party sends a copy of the statement to the other |
| 65(2) | Each party | A further written statement of his position and the facts and grounds in support, supplemented by any documents and other evidence that the party deems appropriate | Yes: the party sends a copy of the statement, documents and other evidence to the other party |
| 65(3) | A party, at any stage | Such additional information as the conciliator deems appropriate | The sub-section does not say so |
Reading each sub-section
Sub-section (1). The words are "may request": the conciliator is not required to ask. When the request is made, it goes to each party. The statement is "brief" and describes the "general nature" of the dispute and "the points at issue". The duty to send a copy to the other party is expressed as "shall".
Sub-section (2). This is a fuller, second statement: the party's position, the facts and the grounds, supplemented by documents and other evidence "that such party deems appropriate". The party decides what to attach; the conciliator is not given power to prescribe a bundle. Again, a copy goes to the other party.
Sub-section (3). "At any stage of the conciliation proceedings", the conciliator may request a party to submit such additional information as he deems appropriate. Unlike sub-sections (1) and (2), this sub-section addresses "a party", not "each party", and it does not mention a copy to the other side. Section 70 deals separately with factual information received from a party; see our article on sections 69 to 71.
The Explanation
The Explanation to section 65 says that in this section and all the following sections of Part III, the term "conciliator" applies to a sole conciliator, two or three conciliators, as the case may be. So a request under section 65 can come from a panel as well as from one person, and the same wording applies in sections 66 to 81.
Section 66: the conciliator is not bound by two enactments
Section 66 reads: the conciliator is not bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872).
The section says what the conciliator is not bound by. It does not set out an alternative code, and the text consulted prescribes no procedure for statements beyond section 65 and the sections that follow. Section 67(3) says the conciliator may conduct the proceedings in such a manner as he considers appropriate; see our article on sections 67 and 68.
Side by side with section 19(1)
Section 19(1) of this Act, in Part I, says the arbitral tribunal shall not be bound by the same two enactments. The two sections read together:
| Point | Section 19(1) (Part I) | Section 66 (Part III) |
|---|---|---|
| Whose position | The arbitral tribunal | The conciliator |
| Enactments named | Code of Civil Procedure, 1908; Indian Evidence Act, 1872 | Code of Civil Procedure, 1908; Indian Evidence Act, 1872 |
| Wording | "shall not be bound by" | "is not bound by" |
See our article on sections 18 and 19 for section 19 in full.
The MSME connection
Section 18(2) of the MSMED Act, 2006, as the text we consulted prints it, says that on receipt of a reference the Facilitation Council shall either itself conduct conciliation or seek the assistance of an institution or centre providing alternate dispute resolution services for conducting conciliation, and that "the provisions of sections 65 to 81 of the Arbitration and Conciliation Act, 1996 shall apply to such a dispute as if the conciliation was initiated under Part III of that Act". Sections 65 and 66 are therefore the first two sections of that group. Our articles on section 18(1) and (2) of the MSMED Act and the MSME Facilitation Council process deal with that Act. The Mediation Act, 2023 would substitute that section 18, with the same commencement caveat as above; see the Mediation Act article on sections 62 to 65.
An illustration
A conciliator has been appointed for a dispute between Gupta Packaging LLP and Nair Retail Pvt Ltd over unpaid invoices. She asks each side for a brief statement of the general nature of the dispute and the points at issue; each sends its statement and a copy to the other (section 65(1)). Later she asks for a further statement with supporting invoices and correspondence; each side chooses the documents it considers appropriate and copies them across (section 65(2)). Midway, she asks Nair Retail for the delivery schedule (section 65(3)). Because section 66 applies, she is not bound by the Code of Civil Procedure, 1908 or the Evidence Act in handling these papers. Names and facts are invented.
Need help with conciliation papers?
A clear statement of the dispute, with the right documents attached, shapes how the conciliator sees the case. Our MSME conciliation and arbitration service can help you prepare the statement, assemble the supporting records and keep the other side's copy in order.
Key takeaways
- The conciliator may request a brief statement, a further statement with documents, and additional information (section 65).
- The first two statements go to the other party in copy; sub-section (3) does not mention a copy.
- "Conciliator" in Part III means a sole conciliator or two or three conciliators.
- The conciliator is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872 (section 66).
- The MSMED Act, 2006 applies sections 65 to 81 to conciliation before the Facilitation Council.
- The Mediation Act, 2023 provides for replacement of sections 61 to 81; commencement by notification, date not in the sources consulted.
Read next
- Sections 63 and 64: number and appointment of conciliators
- Sections 67 and 68: role of the conciliator and administrative assistance
- Sections 18 and 19: equal treatment and rules of procedure
- MSME Facilitation Council (MSEFC) process
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.