Mediation Act 2023 / Second Schedule

Second Schedule of the Mediation Act, 2023: Section 55 and Overriding Effect

The Second Schedule identifies the enactments that are expressly protected when Section 55 determines the overriding effect of the Mediation Act, 2023 in relation to mediation or conciliation under other laws.

Statutory reference: The Second Schedule is linked to Section 55 of the Mediation Act, 2023. India Code records the enforcement date of the Act as 9 October 2023.

What does Section 55 mean?

Section 55(1) is an overriding-effect provision. Subject to the enactments mentioned in the Second Schedule, the Mediation Act, 2023 prevails for the conduct of mediation or conciliation where there is an inconsistency with another law for the time being in force or with an instrument having the force of law.

The words "subject to the enactments mentioned in the Second Schedule" are important. They qualify the overriding rule. The laws listed below are therefore not displaced by Section 55 merely because their provisions concerning mediation or conciliation differ from the Mediation Act.

Section 55(2) also empowers the Central Government, when satisfied that it is necessary or expedient, to amend the Second Schedule by notification. The Schedule should therefore be read with any later notification issued under Section 55(2).

Second Schedule - enactments referred to in Section 55

The Second Schedule, as published with the Mediation Act, 2023, contains the following enactments:

  1. The Industrial Disputes Act, 1947 (14 of 1947).
  2. The Brahmaputra Board Act, 1980 (46 of 1980).
  3. The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981).
  4. The Family Courts Act, 1984 (66 of 1984).
  5. The Legal Services Authorities Act, 1987 (39 of 1987).
  6. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007).
  7. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013).
  8. The Finance Act, 2016 (28 of 2016).
  9. The Industrial Relations Code, 2020 (35 of 2020).

Legal effect of inclusion in the Second Schedule

The Schedule operates as an express qualification to the non-obstante rule in Section 55. In practical terms, the Mediation Act's overriding effect must first be tested against the listed enactments. A provision governing mediation or conciliation under one of these scheduled laws cannot simply be ignored by relying on Section 55(1).

Important: The Second Schedule does not itself repeal, replace or reproduce the mediation and conciliation provisions of the listed enactments. Its function is tied specifically to the operation of Section 55. The applicable provision of the relevant enactment, and any commencement, repeal, amendment or notification affecting it, should also be checked for the particular dispute.

Section 55 and proceedings commenced before the Act

Section 56 of the Mediation Act, 2023 separately provides that the Act does not apply to, or in relation to, mediation or conciliation commenced before the coming into force of the Act. This temporal rule should be considered independently from the Second Schedule qualification under Section 55.

Official text of the Mediation Act, 2023

For the current statutory text, commencement information, schedules and official legislative material, refer to India Code, maintained by the Government of India.

Official India Code - Mediation Act, 2023

Related provisions

The Second Schedule should be read together with Section 55 - overriding effect, Section 56 - pending proceedings, and Section 57 - transitory provision. The Act also contains separate schedules dealing with disputes not fit for mediation and amendments to other enactments.

Page reviewed against the official India Code text of the Mediation Act, 2023.