Section 62 of the Arbitration and Conciliation Act, 1996 - Saving
Section 62 of the Arbitration and Conciliation Act, 1996 is now a saving provision dealing with conciliation proceedings that had already begun under the former Sections 61 to 81 before the commencement of the Mediation Act, 2023.
Current text of Section 62 - Saving
62. Saving. Notwithstanding anything contained in section 61, any conciliation proceeding initiated in pursuance of sections 61 to 81 of this Act as in force before the commencement of the Mediation Act, 2023, shall be continued as such, as if the Mediation Act, 2023, had not been enacted.
Meaning of Section 62
Section 62 protects pending conciliation proceedings from being disrupted merely because the statutory framework changed after enactment of the Mediation Act, 2023. A conciliation proceeding that was validly initiated under the former Sections 61 to 81 continues under that earlier legal framework.
What does "saving" mean in Section 62?
A saving provision preserves specified existing rights, proceedings or legal consequences when a law is amended, replaced or repealed. Here, Section 62 preserves conciliation proceedings that had already commenced under the earlier Part III provisions.
Effect of the Mediation Act, 2023 on Part III
Section 61 of the Mediation Act, 2023 provides for amendment of the Arbitration and Conciliation Act, 1996 in the manner set out in the Sixth Schedule. The Sixth Schedule substitutes the former Sections 61 to 81 with a new Section 61 and Section 62.
The new Section 61 provides, in substance, that statutory references to conciliation under the Arbitration and Conciliation Act are to be construed as references to mediation under the Mediation Act, 2023. Section 62 then preserves older conciliation proceedings already initiated under the previous law.
Key legal consequences
- The former Section 62 on commencement of conciliation proceedings is no longer the current Section 62.
- Current Section 62 applies specifically to conciliation proceedings initiated under the former Sections 61 to 81 before commencement of the Mediation Act, 2023.
- Such saved proceedings continue under the earlier conciliation framework.
- For current references to conciliation governed by the amended law, Section 61 links the concept to mediation under the Mediation Act, 2023.
Earlier Section 62 and existing proceedings
Before substitution, Section 62 set out how conciliation proceedings commenced, including a written invitation to conciliate and written acceptance by the other party. That earlier provision remains relevant only where a proceeding is protected by the present saving clause or where historical legal context is necessary.
Related provisions
Read the current Section 61 of the Arbitration and Conciliation Act, 1996 together with Section 62, and refer to the Arbitration and Conciliation Act, 1996 overview for the structure of the Act.
This page is intended as a general legal information resource. For a particular dispute or pending proceeding, the applicable commencement date, procedural history and statutory amendments should be checked against the official text and relevant judicial decisions.