Sections 31-32 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.
Section 31 says the Central Government shall, by notification, establish a body called the Mediation Council of India, makes it a body corporate and fixes its head office. Section 32 lists who sits on it, their terms, the age limits and how their pay and allowances are to be set.
The Central Government shall establish the Council by notification; it is a body corporate with perpetual succession and a common seal, with its head office at Delhi or another notified place. It consists of a Chairperson, two appointed Members, two ex officio Secretaries (or representatives not below Joint Secretary), a Chief Executive Officer as Member-Secretary and one Part-Time Member from a recognised body of commerce and industry. Terms are four years, with age limits of seventy years (Chairperson) and sixty-seven years (others). The Act comes into force by notification, and the date is not in the text consulted; this article does not say whether the Council has been established.
Section 31: establishment and incorporation
Section 31(1) says "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." The Act uses "shall", so setting up the Council is a duty of the Central Government, done by notification. Section 3(c) defines "Council" by reference to section 31.
Section 31(2) makes the Council "a body corporate by the name aforesaid, having perpetual succession and a common seal". It has power, subject to the Act, to acquire, hold and dispose of property, both movable and immovable, and to enter into contracts, and it "shall, by the said name, sue or be sued". A body corporate with perpetual succession continues despite changes in its members.
Section 31(3) says the head office "shall be at Delhi or at such other place as may be notified by the Central Government".
Section 31(4) says the Council "may, in consultation with the Central Government, establish offices at other places in India and abroad".
Whether, and when, the Council was established by notification is not in the text consulted, and this article does not say. Anyone who needs to deal with the Council should check the Official Gazette. If you advise a mediation institution or plan to become a service provider, our legal consultation team can help you map the Council's role to your plans.
Section 32(1): who is on the Council
Section 32(1) says the Council "shall consist of the following members":
| Clause | Member | Capacity | Appointed by |
|---|---|---|---|
| (a) | A person of ability, integrity and standing with adequate knowledge and professional experience or shown capacity in dealing with problems relating to law, alternative dispute resolution (preferably mediation), public affairs or administration | Chairperson | Central Government |
| (b) | A person with knowledge and experience in law related to mediation or alternative dispute resolution mechanisms | Member | Central Government |
| (c) | An eminent person with experience in research or teaching in the field of mediation and alternative dispute resolution laws | Member | Central Government |
| (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 | By office |
| (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 | By office |
| (f) | Chief Executive Officer | Member-Secretary, ex officio | By office |
| (g) | One representative of a recognised body of commerce and industry | Part-Time Member | Chosen by the Central Government |
That makes seven positions. Section 3(o) defines "Member" as a Full-Time or Part-Time Member of the Council, including the Chairperson. Clause (g) is expressly "Part-Time Member"; for the others, the Act does not say in sub-section (1) whether they are Full-Time or Part-Time, but the second proviso to sub-section (2) deals with the Chairperson being appointed on a Part-Time basis, which shows the Chairperson's basis is decided at appointment.
Section 32(2): term and age limit
Section 32(2) says the Members, 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".
First proviso. "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." So the age ceilings are seventy for the Chairperson and sixty-seven for other Members who are not ex officio.
Second proviso. "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." This ensures at least one Full-Time appointed Member (from clause (b) or (c)) where the Chairperson is Part-Time.
| Rule | Detail |
|---|---|
| Term | Four years from entering upon office; eligible for re-appointment |
| Who | Members other than ex officio members |
| Age limit, Chairperson | Seventy years |
| Age limit, other Members | Sixty-seven years |
| Part-Time Chairperson | At least one of the Members under (b) or (c) must be Full-Time |
Section 32(3) and (4): pay and allowances
Section 32(3) says "The salaries, allowances and other terms and conditions of Members other than ex officio Members shall be such as may be prescribed." "Prescribed" means prescribed by rules made by the Central Government (section 3(v)). Section 32(4) says "The Member shall be entitled to such travelling and other allowances as may be prescribed." No rules are in the text consulted, so this article gives no amount.
Why the composition matters
The Council is the body that, under section 38, lays down guidelines for the certification of mediators, provides for the manner of conduct of mediation, registers mediators, recognises mediation institutes and service providers and maintains an electronic depository of mediated settlement agreements. Many sections of the Act say "as may be specified" because the Council makes regulations. For the Council's functions, see our article on sections 38 and 39, and for the staff and removal rules see our article on sections 33 to 37. The role of the Council in registering mediators connects with section 8 and section 5(3); see our article on section 8.
Of the seven positions, four are filled by appointment or choice of the Central Government (clauses (a), (b), (c) and (g)), two are ex officio Secretaries from the Departments of Legal Affairs and Expenditure (or their representatives), and the Chief Executive Officer sits ex officio as Member-Secretary, with the CEO's qualification and appointment left to what may be specified under section 37(2). The mix, as the text shows it, takes in law, teaching and research, Government and industry. The Act does not give a casting vote or quorum rule in these sections; the text consulted is silent on them.
Need help understanding the Council's role for your business?
The Council's guidelines and regulations will shape registration, recognition and the conduct of mediation, so it is worth tracking. We can help you read the Act and follow the notifications through our legal consultation service.
Key takeaways
- The Central Government shall establish the Council by notification (section 31(1)); this article does not say whether it has been established.
- The Council is a body corporate with perpetual succession and a common seal, and its head office is at Delhi or another notified place.
- Section 32(1) lists the Chairperson, two appointed Members, two ex officio Secretaries, a CEO as Member-Secretary and one Part-Time industry representative.
- Terms are four years with re-appointment; age limits are seventy (Chairperson) and sixty-seven (other Members).
- Pay, allowances and travelling allowances are as may be prescribed by rules.
Read next
- Sections 33-37 of the Mediation Act, 2023: council members, removal, experts and secretariat
- Sections 38-39 of the Mediation Act, 2023: duties and functions of the Council
- Sections 40-42: mediation service providers and mediation institutes
- The 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.