Chapter XI - Miscellaneous
Reviewed by CA Nikhil Gupta and Kajri Singh · Last reviewed 30 August 2026
Control funding, accounts, directions, delegated legislation, transition, pending proceedings and the effective date of every consequential amendment.
Dedicated Finin2min Summary - Chapter in 2 Minutes
- Control funding, accounts, directions, delegated legislation, transition, pending proceedings and the effective date of every consequential amendment.
- Provision-level commencement is the first legal gate: only 21 sections were commenced by S.O. 4384(E) on 9 October 2023 in the reviewed official record.
- Use the India Code Act and the Department of Legal Affairs Gazette files as controlling sources.
- Separate the Mediation Act from existing Commercial Courts, consumer, company, court-annexed and special-statute mediation rules.
- Document consent, authority, limitation, confidentiality, settlement drafting, tax, stamp and enforcement before closing the file.
Section-by-section provision map
| Provision / gate | Topic | Commencement / status | Finin2min decode | Implementation | Evidence / control |
|---|---|---|---|---|---|
| Section 45 | Mediation Fund. | Commenced 9 October 2023 | Creates the Mediation Fund. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 46 | Accounts and audit. | Commenced 9 October 2023 | Requires accounts, annual statements and CAG audit; the 2024 accounts rules prescribe forms and manner. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 47 | Power of Central Government to issue directions. | Commenced 9 October 2023 | Allows Central Government directions to the Council on policy questions. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 48 | Power to frame schemes or guidelines. | Not commenced under S.O. 4384(E) in reviewed official record | Allows schemes or guidelines for implementation. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 49 | Mediated settlement agreement where Government or its agency, etc., is a party. | Not commenced under S.O. 4384(E) in reviewed official record | Creates a framework for settlements involving government or its agencies, subject to the provision becoming operative. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 50 | Protection of action taken in good faith. | Commenced 9 October 2023 | Protects good-faith action under the Act. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 51 | Power to make rules. | Commenced 9 October 2023 | Delegates rule-making power to the Central Government. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 52 | Power to make regulations. | Commenced 9 October 2023 | Delegates regulation-making power to the Council. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 53 | Laying. | Commenced 9 October 2023 | Requires rules and regulations to be laid before Parliament. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 54 | Power to remove difficulties. | Commenced 9 October 2023 | Allows removal of difficulties within the statutory period. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 55 | Provisions of Act to have overriding effect on mediation or conciliation contained in other laws. | Not commenced under S.O. 4384(E) in reviewed official record | Provides overriding effect, subject to the Second Schedule and commencement. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 56 | Act not to apply to pending proceedings. | Commenced 9 October 2023 | Excludes pending mediation/conciliation proceedings from the Act. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 57 | Transitory provision. | Commenced 9 October 2023 | Keeps existing court-annexed mediation rules operating until regulations are made, to the extent stated. | Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 58 | Amendment of Act 9 of 1872. | Not commenced under S.O. 4384(E) in reviewed official record | Amends section 28 of the Indian Contract Act through the Third Schedule when commenced. | Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change. | Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence. |
| Section 59 | Amendment of Act 5 of 1908. | Not commenced under S.O. 4384(E) in reviewed official record | Amends section 89 of the Code of Civil Procedure through the Fourth Schedule when commenced. | Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change. | Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence. |
| Section 60 | Amendment of Act 39 of 1987. | Not commenced under S.O. 4384(E) in reviewed official record | Amends the Legal Services Authorities Act through the Fifth Schedule when commenced. | Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change. | Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence. |
| Section 61 | Amendment of Act 26 of 1996. | Not commenced under S.O. 4384(E) in reviewed official record | Amends the Arbitration and Conciliation Act through the Sixth Schedule when commenced. | Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change. | Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence. |
| Section 62 | Amendment of Act 27 of 2006. | Not commenced under S.O. 4384(E) in reviewed official record | Amends the MSMED Act section 18 route through the Seventh Schedule when commenced. | Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change. | Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence. |
| Section 63 | Amendment of Act 18 of 2013. | Not commenced under S.O. 4384(E) in reviewed official record | Amends Companies Act section 442 through the Eighth Schedule when commenced. | Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change. | Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence. |
| Section 64 | Amendment of Act 4 of 2016. | Not commenced under S.O. 4384(E) in reviewed official record | Amends Commercial Courts Act pre-institution mediation through the Ninth Schedule when commenced. | Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change. | Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence. |
| Section 65 | Amendment of Act 35 of 2019. | Not commenced under S.O. 4384(E) in reviewed official record | Amends Consumer Protection Act mediation provisions through the Tenth Schedule when commenced. | Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change. | Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence. |
Finin2min clause-by-clause decode
Status: Commenced 9 October 2023
Creates the Mediation Fund.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Requires accounts, annual statements and CAG audit; the 2024 accounts rules prescribe forms and manner.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Allows Central Government directions to the Council on policy questions.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Allows schemes or guidelines for implementation.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Creates a framework for settlements involving government or its agencies, subject to the provision becoming operative.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Protects good-faith action under the Act.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Delegates rule-making power to the Central Government.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Delegates regulation-making power to the Council.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Requires rules and regulations to be laid before Parliament.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Allows removal of difficulties within the statutory period.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Provides overriding effect, subject to the Second Schedule and commencement.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Excludes pending mediation/conciliation proceedings from the Act.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Keeps existing court-annexed mediation rules operating until regulations are made, to the extent stated.
Implementation: Maintain a delegated-legislation and transition register; link each rule, direction, scheme, guideline or regulation to its enabling section and commencement.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Amends section 28 of the Indian Contract Act through the Third Schedule when commenced.
Implementation: Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change.
Evidence: Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Amends section 89 of the Code of Civil Procedure through the Fourth Schedule when commenced.
Implementation: Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change.
Evidence: Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Amends the Legal Services Authorities Act through the Fifth Schedule when commenced.
Implementation: Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change.
Evidence: Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Amends the Arbitration and Conciliation Act through the Sixth Schedule when commenced.
Implementation: Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change.
Evidence: Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Amends the MSMED Act section 18 route through the Seventh Schedule when commenced.
Implementation: Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change.
Evidence: Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Amends Companies Act section 442 through the Eighth Schedule when commenced.
Implementation: Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change.
Evidence: Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Amends Commercial Courts Act pre-institution mediation through the Ninth Schedule when commenced.
Implementation: Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change.
Evidence: Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Amends Consumer Protection Act mediation provisions through the Tenth Schedule when commenced.
Implementation: Do not update the target Act operationally until the enabling amendment section is commenced and the target statute consolidation confirms the change.
Evidence: Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence.
Practical examples and calculations
- Section 45: Creates the Mediation Fund. Operational status: Commenced 9 October 2023.
- Section 46: Requires accounts, annual statements and CAG audit; the 2024 accounts rules prescribe forms and manner. Operational status: Commenced 9 October 2023.
- Section 47: Allows Central Government directions to the Council on policy questions. Operational status: Commenced 9 October 2023.
- Section 48: Allows schemes or guidelines for implementation. Operational status: Not commenced under S.O. 4384(E) in reviewed official record.
- Section 49: Creates a framework for settlements involving government or its agencies, subject to the provision becoming operative. Operational status: Not commenced under S.O. 4384(E) in reviewed official record.
- Section 50: Protects good-faith action under the Act. Operational status: Commenced 9 October 2023.
Timeline model: where an operative route adopts the Act model, separately calculate invitation/service, first appearance, 120-day process period, agreed extension up to 60 days, optional registration clock of 180 days, and challenge clock of 90 days plus a possible further 90 days. Do not apply these figures to an uncommenced provision.
Settlement value model: principal + agreed interest + tax adjustments + costs + security value - payments/credits/set-off, with milestone and default sensitivity.
Chapter-specific decision flowchart
