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CS Professional · Arbitration, Mediation and Conciliation · Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains

The Mediation Act, 2023 was notified in the Gazette and some provisions, including Section 1 and Section 3, were brought into force on 9 October 2023. Kavita, a company secretary, is asked how the commencement of the Act works. Which statement matches the commencement clause?

The Act comes into force on a date the Central Government notifies, and different dates may be appointed for different provisions. A reference to commencement in a provision is read as that provision's own coming into force.

  1. AAll provisions must start on one single date fixed by Parliament
  2. BThe Central Government may notify the date, and different dates may be appointed for different provisionsCorrect
  3. CEach State Government fixes the date for its own territory
  4. DThe Act commenced automatically on receiving the President's assent

Explanation

Section 1(3) says the Act comes into force on such date as the Central Government may notify, and different dates may be appointed for different provisions. A reference to commencement in any provision means the coming into force of that provision. Hence a single fixed date or State-wise dates is wrong.

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