31. Establishment and incorporation of Mediation Council.—(1) The Central Government
shall, by notification, establish for the purposes of this Act, a Council to be known as the Mediation
Council of India to perform the duties and discharge the functions under this Act.
(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and
a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of
property, both movable and immovable, and to enter into contract, and shall, by the said name, sue or
be sued.
(3) The head office of the Council shall be at Delhi or at such other place as may be notified by
the Central Government.
(4) The Council may, in consultation with the Central Government, establish offices at other
places in India and abroad.
32. Composition of Council.—(1) The Council shall consist of the following members,
namely:—
(a) a person of ability, integrity and standing having adequate knowledge and professional
experience or shown capacity in dealing with problems relating to law, alternative dispute resolution
preferably mediation, public affairs or administration to be appointed by the Central Government—
Chairperson;
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(b) a person having knowledge and experience in law related to mediation or alternative dispute
resolution mechanisms, to be appointed by the Central Government—Member;
(c) an eminent person having experience in research or teaching in the field of mediation and
alternative dispute resolution laws, to be appointed by the Central Government—Member;
(d) Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law
and Justice or his representative not below the rank of Joint Secretary—Member, ex officio;
(e) Secretary to the Government of India in the Department of Expenditure, Ministry of Finance
or his representative not below the rank of Joint Secretary—Member, ex officio;
(f) Chief Executive Officer—Member-Secretary, ex officio; and
(g) one representative of a recognised body of commerce and industry, chosen by the Central
Government—Part-Time Member.
(2) The Members of the Council, other than ex officio members, shall hold office as such, for a
term of four years from the date on which they enter upon their office and shall be eligible for
re-appointment:
Provided that no Member other than ex officio Member shall hold office after he has attained the
age of seventy years, in the case of Chairperson, and sixty-seven years, in the case of other Members:
Provided further that if the Chairperson is appointed on Part-Time basis, then, at least one of the
Members appointed under clauses (b) or (c) shall be a Full-Time Member.
(3) The salaries, allowances and other terms and conditions of Members other than ex officio
Members shall be such as may be prescribed.
(4) The 1
1. Subs. by Notification No. S.O. 4506(E), for “ Member” (w.e.f. 13-10-2023).
[Part-Time Member] shall be entitled to such travelling and other allowances as may be
prescribed.
33. Vacancies, etc., not to invalidate proceedings of Council.—No act or proceeding of the
Council shall be invalid merely by reason of—
(a) any vacancy or any defect, in the constitution of the Council;
(b) any defect in the appointment of a person as a Member of the Council; or
(c) any irregularity in the procedure of the Council not affecting the merits of the case.
34. Resignation.—The Member may, by notice in writing, under his hand addressed to the Central
Government, resign his office:
Provided that the Member shall, unless he is permitted by the Central Government to relinquish his
office sooner, continue to hold office until the expiry of three months from the date of receipt of such
notice or until a person duly appointed as his successor enters upon his office or until the expiry of his
term of office, whichever is earlier.
35.Removal.—The Central Government may, remove any Member from his office, if he—
(a) is an undischarged insolvent; or
(b) has engaged at any time, during his term of office, in any paid employment without the
permission of the Central Government; or
(c) has been convicted of an offence which, in the opinion of the Central Government, involves
moral turpitude; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a
Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public
interest; or
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(f) has become physically or mentally incapable of acting as a Member:
Provided that where a Member is proposed to be removed on any ground, he shall be informed of
charges against him and given an opportunity of being heard in respect of those charges.
36. Appointment of experts and constitution of Committees.—The Council may, appoint such
experts and constitute such committees of experts as it may consider necessary to discharge its
functions on such terms and conditions as may be specified.
37. Secretariat and Chief Executive Officer of Council.—(1) There shall be a Chief Executive
Officer of the Council, who shall be responsible for the day to day administration and implementation
of the decisions of the Council.
(2) The qualification, appointment and other terms and conditions of service of the Chief Executive
Officer shall be such as may be specified.
(3) There shall be a Secretariat to the Council consisting of such number of officers and employees
as may be specified.
(4) The qualification, appointment and other terms and conditions of the service of the employees
and other officers of the Council shall be such as may be specified.
(5) The Central Government shall provide such number of officers and employees as may be
necessary for the functioning of the Council till regulations are made under this section.
38. Duties and functions of Council.—The Council shall—
(a) endeavour to promote domestic and international mediation in India through appropriate
guidelines;
(b) endeavour to develop India to be a robust centre for domestic and international mediation;
(c) lay down the guidelines for the continuous education, certification and assessment of
mediators by the recognised mediation institutes;
(d) provide for the manner of conduct of mediation proceedings, under sub-section (1) of
section 15;
(e) provide for manner of registration of mediators and renew, withdraw, suspend or cancel
registration on the basis of conditions as may be specified;
(f) lay down standards for professional and ethical conduct of mediators under sub-section (3) of
section 15;
(g) hold trainings, workshops and courses in the area of mediation in collaboration with
mediation service providers, law firms and universities and other stakeholders, both Indian and
international, and any other mediation institutes;
(h) enter into memoranda of understanding or agreements with domestic and international
bodies or organisations or institutions;
(i) recognise mediation institutes and mediation service providers and renew, withdraw,
suspend or cancel such recognition;
(j) specify the criteria for recognition of mediation institutes and mediation service providers;
(k) call for any information or record of mediation institutes and mediation service providers;
(l) lay down standards for professional and ethical conduct of the mediation institutes and
mediation service providers;
(m) publish such information, data, research studies and such other information as may be
required;
(n) maintain an electronic depository of the mediated settlement agreements made in India and
for such other records related thereto in such manner as may be specified; and
(o) perform any other function as may be assigned to it by the Central Government.
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39. Monitoring and reporting.—(1) The Council shall, as soon as practicable after the end of each
year or at such other intervals as directed by the Central Government, prepare a report on the
implementation of the provisions of this Act during the year or such interval and forward a copy
thereof to the Central Government.
(2) The Central Government may take such additional measures as it deems necessary to
supplement the functioning of the Council and for the effective implementation of the provisions of
the Act