Mediation Act 2023 · Miscellaneous

Section 45 · Mediation Fund

45. (1) There shall be a fund to be called "Mediation Fund" (hereinafter referred to as the "Fund") for the purposes of promotion, facilitation and encouragement of mediation under this Act, which shall be administered by the Council.

(2) There shall be credited to the Fund the following, namely:—

(a) all monies provided by the Central Government;

(b) all fees and other charges received from mediation service provider, mediation institutes or bodies or persons;

(c) all monies received by the Council in the form of donations, grants, contributions and income from other sources;

(d) grants made by the Central Government or the State Government for the purposes of the Fund;

(e) amounts deposited by persons as contributions to the Fund;

(f) amounts received in the Fund from any other source; and

(g) interest on the above or other income received out of the investment made from the Fund.

(3) The Fund shall be applied towards meeting the salaries and other allowances of Member, Chief Executive Officer, Officers and employees and the expenses of the Council including expenses incurred in the exercise of its powers and discharge of its duties under this Act.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 16

Section 46 · Accounts and audit

46. (1) The Council shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balance sheet, in such form and manner as may be prescribed in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Council shall be audited by the Comptroller and Auditor- General of India and any expenditure incurred by him in connection with such audit shall be payable by the Council to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Council shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Council.

(4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 16

Section 47 · Power of Central Government to issue directions

47. (1) Without prejudice to the foregoing provisions of this Act, the Council shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:

Provided that the views of the Council shall be taken into consideration before any direction is given under this sub-section.

(2) The decision of the Central Government whether a question is one of policy or not shall be final.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 16, 17

Section 48 · Power to frame schemes or guidelines

48. Subject to the provisions of this Act, the Central Government or the State Government or any of its entity or agency, as the case may be, may frame any schemes or guidelines, for resolution of any dispute through mediation or conciliation in cases where the Central Government or the State Government or any of its entity or agency is one of the parties and in such cases mediation or conciliation may be conducted in accordance with such schemes or guidelines.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 17

Section 49 · Mediated settlement agreement where Government or its, agency, etc., is a party

49. Notwithstanding anything contained in this Act, no dispute including a commercial dispute, wherein the Central Government or State Government or any of its agencies, public bodies, corporations and local bodies including entities controlled or owned by them is a party, the settlement agreement arrived at shall be signed only after obtaining the prior written consent of the competent authority of such Government or any of its entity or agencies, public bodies, corporations and local bodies, as the case may be.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 17

Section 50 · Protection of action taken in good faith

50. No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government or any officer of such Government, or the Member or Officer or employee of the Council or a mediator, mediation institutes, mediation service providers, which is done or is intended to be done in good faith under this Act or the rules or regulations made thereunder.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 17

Section 51 · Power to make rules

51. (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision for—

(a) the salaries and allowances and the terms and conditions of the Members under sub-section (3) of section 32;

(b) the travelling and other allowances payable to the Part-Time Member under sub-section (4) of section 32;

(c) the form and manner of annual statement of accounts, including the balance sheet under sub-section (1) of section 46; and

(d) any other matter which is to be, or may be prescribed.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 17

Section 52 · Power to make regulations

52. (1) The Council may, with the previous approval of the Central Government, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may make provision for—

(a) qualification, experience and accreditation for mediators of foreign nationality under the proviso to sub-section (1) of section 8;

(b) manner of conducting mediation proceeding under sub-section (1) of section15;

(c) standards for professional and ethical conduct of mediators under sub-section (3) of section 15;

(d) manner of registration of mediated settlement agreement under sub-section (1) of section 20;

(e) fees for registration of mediated settlement agreement under the proviso to sub-section (2) of section 20;

(f) cost of mediation under sub-section (1) of section 25;

(g) manner of process of conducting online mediation under sub-section (2) of section 30;

(h) the terms and conditions of experts and committees of experts under section 36;

(i) qualifications, appointment and other terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 37;

(j) the number of officers and employees of the Secretariat of the Council under sub-section (3) of section 37;

(k) the qualification, appointment and other terms and conditions of the employees and other officers of the Council under sub-section (4) of section 37;

(l) conditions for registration of mediators and renewal, withdrawal, suspension or cancellations of such registrations under clause (e) of section 38;

(m) criteria for recognition of mediation institutes and mediation service providers under clause (j) of section 38;

(n) manner of maintenance of electronic depository of mediated settlement agreement under clause (n) of section 38;

(o) manner for recognition of mediation service provider under sub-section (2) of section 40;

(p) such other functions of mediation service provider under clause (f) of section 41;

(q) duties and functions to be performed by mediation institutes under section 42; and

(r) any other matter in respect of which provision is necessary for the performance of functions of the Council under this Act.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 17, 18

Section 53 · Laying

53. Every notification issued under sub-section (2) of section 6, sub-section (2) of section 55, rule and regulation made under this Act shall be laid, as soon as may be after it is issued or made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification, rule or regulation or both Houses agree that the notification, rule or regulation should not be issued or made, the notification, rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification, rule or regulation.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 18

Section 54 · Power to remove difficulties

54. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of a period of five years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 18

Section 55 · Provisions of Act to have overriding effect on mediation or conciliation contained in other laws

55. (1) Subject to the enactments mentioned in the Second Schedule, the provisions of this Act shall have overriding effect for conduct of mediation or conciliation notwithstanding anything inconsistent therewith contained in any other law for the time being in force, and any instrument having force of law.

(2) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Second Schedule and thereupon it shall be deemed to have been amended accordingly.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 18

Section 56 · Act not to apply to pending proceedings

56. This Act shall not apply to, or in relation to, any mediation or conciliation commenced before the coming into force of this Act.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 19

Section 57 · Transitory provision

57. The rules in force governing the conduct of court-annexed mediation shall continue to apply until regulations are made under sub-section (1) of section 15:

Provided that the rules shall continue to apply in all court-annexed mediation pending as on the date of coming into force of the regulations.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 19

Section 58 · Amendment of Act 9 of 1872

58. The Indian Contract Act, 1872, shall be amended in the manner specified in the Third Schedule.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 19

Section 59 · Amendment of Act 5 of 1908

59. The Code of Civil Procedure, 1908, shall be amended in the manner specified in the Fourth Schedule.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 19

Section 60 · Amendment of Act 39 of 1987

60. The Legal Services Authorities Act, 1987, shall be amended in the manner specified in the Fifth Schedule.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 19

Section 61 · Amendment of Act 26 of 1996

61. The Arbitration and Conciliation Act, 1996, shall be amended in the manner specified in the Sixth Schedule.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 19

Section 62 · Amendment of Act 27 of 2006

62. The Micro, Small and Medium Enterprises Development Act, 2006, shall be amended in the manner specified in the Seventh Schedule.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 19

Section 63 · Amendment of Act 18 of 2013

63. The Companies Act, 2013, shall be amended in the manner specified in the Eighth Schedule.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 19

Section 64 · Amendment of Act 4 of 2016

64. The Commercial Courts Act, 2015, shall be amended in the manner specified in the Ninth Schedule.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 19

Section 65 · Amendment of Act 35 of 2019

65. The Consumer Protection Act, 2019, shall be amended in the manner specified in the Tenth Schedule.

Mediation Act, 2023 — original Gazette · 15 September 2023; assent 14 September 2023 · Source PDF pages: 19