Mediation Act 2023 / Section 51

Section 51 of Mediation Act 2023 - Power to Make Rules

Section 51 of the Mediation Act, 2023 empowers the Central Government to make rules by notification for carrying out the provisions of the Act. It also identifies specific matters for which rules may be prescribed, including matters concerning Members of the Mediation Council of India and the Council's annual accounts.

Current legal status: Section 51 has been in force since 9 October 2023. The Mediation (Removal of Difficulties) Order, 2023, effective from 13 October 2023, substituted the expression "Part-Time Member" for "Member" in Section 51(2)(b). Rules under Section 51 were subsequently notified by the Central Government on 13 June 2024.

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.

Meaning and scope of Section 51

Section 51 is the principal rule-making provision of the Mediation Act. Sub-section (1) confers a general power on the Central Government to make rules for carrying out the Act. Rules are a form of subordinate legislation and must operate within the authority conferred by the parent Act.

Sub-section (2) lists particular matters for which rules may be made. The words "without prejudice to the generality of the foregoing power" indicate that the listed subjects do not exhaust the general rule-making authority conferred by Section 51(1).

Meaning of "prescribed"

Section 3(v) of the Mediation Act defines "prescribed" to mean prescribed by rules made by the Central Government under the Act. Accordingly, wherever an operative provision requires a matter to be prescribed, Section 51 provides the statutory rule-making mechanism.

Section 51(2)(a) - Members of the Council

Section 51(2)(a) authorises rules concerning salaries, allowances and terms and conditions of Members under Section 32(3). Section 3(o) defines a "Member" as a Full-Time or Part-Time Member of the Council and includes the Chairperson.

Section 32 deals with the composition of the Mediation Council of India. The detailed service and remuneration framework may therefore be prescribed through rules made by the Central Government within the scope of Section 51.

Section 51(2)(b) - Part-Time Member

The text originally enacted referred in clause (b) to travelling and other allowances payable to the "Member" under Section 32(4). The Mediation (Removal of Difficulties) Order, 2023, dated 13 October 2023, substituted the words "Part-Time Member" for "Member" in Section 51(2)(b). The same Order made a corresponding change in Section 32(4).

The current text should therefore be read as empowering rules for travelling and other allowances payable to the Part-Time Member under Section 32(4).

Section 51(2)(c) - Annual statement of accounts

Clause (c) authorises rules prescribing the form and manner of the Council's annual statement of accounts, including its balance sheet, under Section 46(1). Section 46 requires the Council to maintain proper accounts and relevant records and prepare an annual statement of accounts in the prescribed form and manner in consultation with the Comptroller and Auditor-General of India.

Rules notified on 13 June 2024

The Central Government exercised powers under Section 51 and notified rules relating to the Mediation Council of India on 13 June 2024. The official compilation published by the Department of Legal Affairs includes rules dealing with matters authorised by Section 51, including allowances for the Part-Time Chairperson and Part-Time Members and the form and manner of the Council's annual statement of accounts.

The Mediation Council of India (Travelling and other Allowances for Part-time Chairperson and Part-time Members) Rules, 2024 were made under Section 51(2) read with Section 32(4). They came into force on publication in the Official Gazette.

The Mediation Council of India (Forms and Manner of Annual Statement of Accounts) Rules, 2024 prescribe the accounting framework connected with Section 46(1), including the form and manner of the annual statement of accounts.

Rules and regulations are different

Section 51 should be distinguished from Section 52. Under Section 51, the Central Government makes rules by notification. Under Section 52, the Mediation Council of India may make regulations, with the previous approval of the Central Government, consistent with the Act and the rules made under it.

This distinction is also reflected in Section 3: "prescribed" refers to rules made by the Central Government, while "specified" refers to regulations made by the Council under the Act.

Laying before Parliament under Section 53

Section 53 provides parliamentary oversight for rules and regulations made under the Act. Every rule made by the Central Government and every regulation made by the Council is required to be laid before each House of Parliament for the statutory period and is subject to modification or annulment in the manner provided by Section 53.

Key legal points under Section 51

Official legal sources

Department of Legal Affairs - Mediation Act, 2023

Department of Legal Affairs - Mediation (Removal of Difficulties) Order, 2023

Department of Legal Affairs - Rules under the Mediation Act, 2023

Department of Legal Affairs - Mediation Act materials and notifications

e-Gazette of India