Sections 58 to 65 of Mediation Act 2023 - Amendments to Other Acts
Sections 58 to 65 of the Mediation Act, 2023 provide for amendments to eight existing Central Acts. The detailed amendments are contained respectively in the Third to Tenth Schedules of the Mediation Act.
Acts Covered by Sections 58 to 65
| Section | Act to be amended | Schedule |
|---|---|---|
| 58 | Indian Contract Act, 1872 | Third Schedule |
| 59 | Code of Civil Procedure, 1908 | Fourth Schedule |
| 60 | Legal Services Authorities Act, 1987 | Fifth Schedule |
| 61 | Arbitration and Conciliation Act, 1996 | Sixth Schedule |
| 62 | Micro, Small and Medium Enterprises Development Act, 2006 | Seventh Schedule |
| 63 | Companies Act, 2013 | Eighth Schedule |
| 64 | Commercial Courts Act, 2015 | Ninth Schedule |
| 65 | Consumer Protection Act, 2019 | Tenth Schedule |
Section 58 - Amendment of Indian Contract Act, 1872
The Third Schedule concerns Section 28 of the Indian Contract Act, 1872 and substitutes its exceptions so that agreements referring disputes or questions to mediation are addressed alongside arbitration.
Section 59 - Amendment of Code of Civil Procedure, 1908
The Fourth Schedule contains the corresponding amendments to the Code of Civil Procedure, 1908 relating to mediation within the civil procedure framework.
Section 60 - Amendment of Legal Services Authorities Act, 1987
The Fifth Schedule sets out the amendments contemplated for the Legal Services Authorities Act, 1987.
Section 61 - Amendment of Arbitration and Conciliation Act, 1996
The Sixth Schedule restructures the statutory treatment of conciliation. Among other matters, it provides for references in enactments to conciliation under the Arbitration and Conciliation Act to be construed as references to mediation under the Mediation Act, 2023, while preserving conciliation proceedings initiated under the earlier provisions.
Section 62 - Amendment of MSME Development Act, 2006
The Seventh Schedule contains amendments integrating mediation into the dispute-resolution mechanism under the Micro, Small and Medium Enterprises Development Act, 2006.
Section 63 - Amendment of Companies Act, 2013
The Eighth Schedule sets out the corresponding amendment to the Companies Act, 2013 concerning mediation.
Section 64 - Amendment of Commercial Courts Act, 2015
The Ninth Schedule addresses pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 and aligns the statutory mechanism with the Mediation Act framework.
Section 65 - Amendment of Consumer Protection Act, 2019
The Tenth Schedule provides amendments concerning mediation under the Consumer Protection Act, 2019, including the statutory framework for reference of consumer disputes to mediation and settlement through mediation.
Why the Schedules Matter
Sections 58 to 65 identify the enactments to be amended, while the Third to Tenth Schedules contain the actual textual amendments. Accordingly, each section must be read with its corresponding Schedule. Section 1(3) is also relevant because the Central Government may appoint different commencement dates for different provisions of the Mediation Act.
Official Legal Sources
For authoritative verification, consult the Mediation Act, 2023 on India Code and the Department of Legal Affairs - Acts Administered by Ministry. The latter provides the Act, the commencement notification, corrigendum and related official material.