Sections 51-54 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 51 to 54 are the machinery clauses. The Central Government makes rules by notification (section 51), the Mediation Council of India makes regulations with the Government's previous approval (section 52), rules, regulations and certain notifications are laid before Parliament for thirty days (section 53), and the Government may remove difficulties by order within five years (section 54).
The Central Government makes rules on Members' pay and allowances, the form of the annual statement of accounts and "any other matter which is to be, or may be prescribed". The Council makes regulations with the previous approval of the Central Government, on a list of 18 matters. Notifications under sections 6(2) and 55(2), and all rules and regulations, are laid before Parliament for thirty days. The Government can make an order to remove difficulties, but not after five years from commencement of the Act. The Act comes into force by notification, and the date is not in the text consulted; no rules or regulations are in the text consulted.
Section 51: rules by the Central Government
Section 51(1) says "The Central Government may, by notification, make rules for carrying out the provisions of this Act." Section 51(2) lists, "in particular, and without prejudice to the generality of the foregoing power", the matters on which rules may make provision:
| Clause | Matter |
|---|---|
| (a) | Salaries, allowances and terms and conditions of the Members under section 32(3) |
| (b) | Travelling and other allowances payable to the Member under section 32(4) |
| (c) | Form and manner of annual statement of accounts, including the balance sheet, under section 46(1) |
| (d) | Any other matter which is to be, or may be prescribed |
"Prescribed" means prescribed by rules made by the Central Government (section 3(v)). Other places where the Act says "prescribed" are covered in the relevant articles, for example our article on sections 31 and 32 and our article on sections 45 to 47. No rule is in the text consulted, so this article states no amount, form or step from any rule.
If you track compliance for a mediation institution or a business with Government counterparties, our legal consultation team can help you follow what is notified.
Section 52: regulations by the Council
Section 52(1) says "The Council may, with the previous approval of the Central Government, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act." Three conditions: previous approval of the Central Government, notification, and consistency with the Act and the rules. "Specified" means specified by regulations made by the Council (section 3(y)).
Section 52(2) lists the matters on which regulations "may make provision". The table gives each clause as printed, with the provision of the Act it refers to and, where the printed reference does not match, the provision it appears to mean.
| Clause | Matter | Reference as printed | Note |
|---|---|---|---|
| (a) | Qualification, experience and accreditation for mediators of foreign nationality | Proviso to section 8(1) | Matches |
| (b) | Manner of conducting mediation proceeding | Section 15(1) | Matches |
| (c) | Standards for professional and ethical conduct of mediators | Section 15(3) | Matches |
| (d) | Manner of registration of mediated settlement agreement | Section 20(1) | Matches |
| (e) | Fees for registration of mediated settlement agreement | Proviso to section 20(2) | Matches |
| (f) | Cost of mediation | Section 26(1) | Printed as "sub-section (1) of section 26"; the cost of mediation is in section 25(1), and section 26 is about Lok Adalat |
| (g) | Manner of process of conducting online mediation | Section 30(2) | Matches |
| (h) | Terms and conditions of experts and committees of experts | Section 36 | Matches |
| (i) | Qualifications, appointment and other terms of the Chief Executive Officer | Section 37(2) | Matches |
| (j) | Number of officers and employees of the Secretariat | Printed as "sub-section (4) of section 37" | That matter is in section 37(3) |
| (k) | Qualification, appointment and terms of the employees and other officers | Printed as "sub-section (5) of section 37" | That matter is in section 37(4) |
| (l) | Conditions for registration of mediators and renewal, withdrawal, suspension or cancellation | Printed as "clause (d) of section 38" | Registration of mediators is in clause (e) |
| (m) | Criteria for recognition of mediation institutes and mediation service providers | Printed as "clause (i) of section 38" | The criteria are in clause (j) |
| (n) | Manner of maintenance of electronic depository of mediated settlement agreement | Printed as "clause (m) of section 38" | The depository is in clause (n) |
| (o) | Manner for recognition of mediation service provider | Section 40(2) | Matches |
| (p) | Such other functions of mediation service provider | Section 41(f) | Matches |
| (q) | Duties and functions to be performed by mediation institutes | Section 42 | Matches |
| (r) | Any other matter necessary for the performance of functions of the Council | None | Residual |
Printing slips. Six cross-references in section 52(2), clauses (f), (j), (k), (l), (m) and (n), do not match the sections they point to, as the table shows. Each appears to be a reference to the neighbouring provision. The wording is quoted as printed and not corrected here; the official text should be checked. Section 52(2)(e) refers to the "proviso to sub-section (2) of section 20", the late registration fee, and the Act gives no amount; see our article on section 20.
The table shows how many practical questions sit in regulations: how mediation is conducted, what mediators must meet, what registration costs, how online mediation runs, and how providers are recognised. For the Council's duties, see our article on sections 38 and 39.
Section 53: laying before Parliament
Section 53 says every notification issued under section 6(2) (amending the First Schedule) or section 55(2) (amending the Second Schedule), and every rule and regulation made under the Act, "shall be laid, as soon as may be after it is issued or made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions".
If before the expiry of the session immediately following the session or successive sessions, both Houses agree in making any modification, or agree that the notification, rule or regulation should not be issued or made, it has effect "only in such modified form or be of no effect, as the case may be". The section adds that any such modification or annulment "shall be without prejudice to the validity of anything previously done under that notification, rule or regulation."
| Item laid | Period | Parliamentary outcome |
|---|---|---|
| Notification under section 6(2) or 55(2); rule or regulation | Thirty days in total, in one or more successive sessions | Modified form, or no effect, if both Houses agree |
Anything done before a modification or annulment remains valid.
Section 54: removal of difficulties
Section 54(1) says "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". The proviso says "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." Section 54(2) requires every order to be laid, as soon as may be after it is made, before each House of Parliament.
Because the Act comes into force by notification, with different dates possible for different provisions (section 1(3)), the "date of commencement of this Act" in the proviso is itself something to read with section 1(3); see our article on sections 1 and 2. The notification dates are not in the text consulted, so the five-year end date is not calculated here.
Where the Act says "specified" or "prescribed"
For orientation, here are leading examples from earlier sections: foreign mediator standards (section 8(1) proviso), manner of mediation (section 15(1)), ethical standards (section 15(3)), registration of settlements (section 20(1)), late registration fee (section 20(2) proviso), cost (section 25(1)), online mediation (section 30(2)), expert terms (section 36), CEO and staff (section 37) and recognition of providers (section 40(2)). Court-annexed mediation rules in force continue under section 57 until regulations are made; see our article on section 7.
Need help tracking rules and regulations?
Much of the practical detail in this Act sits in rules and regulations that must be checked in the Official Gazette. We can help you follow them and apply them to your dispute or institution through our legal consultation service.
Key takeaways
- The Central Government makes rules by notification (section 51); "prescribed" means prescribed by those rules.
- The Council makes regulations with the previous approval of the Central Government (section 52); "specified" means specified by those regulations.
- Six cross-references in section 52(2), clauses (f), (j), (k), (l), (m) and (n), appear to point to the neighbouring provision.
- Notifications under sections 6(2) and 55(2), and rules and regulations, are laid before Parliament for thirty days (section 53).
- Difficulties can be removed by order, but not after five years from commencement (section 54).
Read next
- Sections 38-39 of the Mediation Act, 2023: duties and functions of the Council
- Section 20 of the Mediation Act, 2023: registration of mediated settlement agreement
- Sections 55-57: overriding effect, pending proceedings and the Second Schedule
- Mediation Act 2023 for commercial and trade disputes
Disclaimer: Based on the Mediation Act, 2023 as enacted and published in the Gazette of India on 15 September 2023, as consulted on 2 October 2026. The Act comes into force by notification; the commencement of each provision, the rules and the regulations should be checked. This article is general information, not legal advice; check the official text before acting.