Section 54 of Mediation Act 2023 - Power to Remove Difficulties
Section 54 of the Mediation Act, 2023 (Act 32 of 2023) gives the Central Government a limited statutory power to address difficulties arising in giving effect to the Act. The provision requires an order published in the Official Gazette, prohibits inconsistency with the Act, imposes a five-year time limit, and requires every such order to be laid before both Houses of Parliament.
Section 54 was brought into force on 9 October 2023.
Statutory Text of Section 54
54. Power to remove difficulties. - (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.
Meaning and Scope of Section 54
The expression "power to remove difficulties" refers to a limited implementation power. If a practical or legal difficulty arises while giving effect to the Mediation Act, the Central Government may issue an order to address that difficulty. The order must remain consistent with the Act and cannot be used to override or contradict its substantive provisions.
Central Government may issue an order
Under Section 54(1), the power belongs to the Central Government. An order must be published in the Official Gazette. Gazette publication provides the formal public record of the exercise of this statutory power.
Order must be consistent with the Act
Section 54 expressly limits the power to provisions that are not inconsistent with the Mediation Act, 2023. The purpose is to facilitate implementation of the legislation rather than to create a power to alter the basic statutory scheme.
Five-year statutory limit
The proviso to Section 54(1) states that no order under the section may be made after five years from the date of commencement of the Act. Since Section 54 was brought into force on 9 October 2023, this limitation is an important part of the provision when considering any order purportedly made under it.
Orders must be laid before Parliament
Section 54(2) requires every removal-of-difficulties order to be laid, as soon as may be after it is made, before each House of Parliament. This creates Parliamentary oversight over orders issued under Section 54.
Mediation (Removal of Difficulties) Order, 2023
The Central Government exercised Section 54(1) through the Mediation (Removal of Difficulties) Order, 2023, dated 13 October 2023. The Order addressed specified implementation difficulties relating to Section 32(4), Section 51(2)(b), and the Tenth Schedule concerning Section 37 of the Consumer Protection Act, 2019.
Related Provisions
Section 54 should be read with the surrounding miscellaneous provisions, including Section 51 - Power to make rules, Section 52 - Power to make regulations, Section 53 - Laying, and Section 55 - Overriding effect.
Official Legal Sources
Official sources for verification include the India Code record for the Mediation Act, 2023 and the Department of Legal Affairs - Acts Administered by Ministry, which provides the Act, commencement notification, corrigendum and the Mediation (Removal of Difficulties) Order, 2023.