Sections 33-37 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 33 to 37 deal with how the Mediation Council of India runs day to day. Vacancies or defects do not invalidate its acts (section 33), a Member may resign on notice (section 34), the Central Government may remove a Member on six grounds after a hearing (section 35), the Council may appoint experts and committees (section 36), and a Chief Executive Officer and Secretariat run the administration (section 37).
No act or proceeding of the Council is invalid merely because of a vacancy, a defect in constitution or appointment, or a procedural irregularity that does not affect the merits. A Member may resign by written notice to the Central Government but continues for up to three months unless permitted to leave sooner. The Central Government may remove a Member on six grounds, but must give charges and a hearing. The Council may appoint experts and committees on terms as may be specified, and a Chief Executive Officer manages day to day administration. The Act comes into force by notification, and the date is not in the text consulted.
Section 33: vacancies and defects do not invalidate acts
Section 33 says "No act or proceeding of the Council shall be invalid merely by reason of" three things:
| Clause | Reason |
|---|---|
| (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 |
| (c) | Any irregularity in the procedure of the Council not affecting the merits of the case |
Clause (c) carries the qualification "not affecting the merits of the case"; clauses (a) and (b) do not repeat it. In practical terms, a decision on, say, the recognition of a mediation service provider is not undone because a seat was vacant when it was taken. A person dealing with the Council can rely on its acts without checking each appointment, as the text puts it. If you are advising an institution that deals with the Council, our legal consultation team can help you map the conditions that attach to its Members and officers.
Section 34: resignation
Section 34 says "The Member may, by notice in writing, under his hand addressed to the Central Government, resign his office". The notice is in writing, signed by the Member and addressed to the Central Government.
Proviso. 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."
So the Member continues until the earliest of three events:
- three months from receipt of the notice;
- a duly appointed successor entering office; or
- expiry of the Member's term.
The Central Government may release the Member sooner. The section applies to "the Member"; section 3(o) defines "Member" to include the Chairperson and covers Full-Time and Part-Time Members.
Section 35: removal
Section 35 says "The Central Government may, remove any Member from his office, if he" meets any of six grounds. The word is "may", so removal is discretionary.
| Clause | Ground |
|---|---|
| (a) | Is an undischarged insolvent |
| (b) | Has engaged at any time, during his term of office, in any paid employment without the permission of the Central Government |
| (c) | Has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude |
| (d) | Has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member |
| (e) | Has so abused his position as to render his continuance in office prejudicial to the public interest |
| (f) | Has become physically or mentally incapable of acting as a Member |
Grounds (c), (d) and (e) turn on the opinion or judgment of the Central Government or on likelihood; (a), (b) and (f) are more factual. Ground (b) is about paid employment "without the permission of the Central Government", so permission is the safeguard.
Proviso. "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." The hearing right applies to every ground. A removal without informing the Member of the charges and hearing him would not meet the proviso. The Act does not set a time for the hearing or say who conducts it, and the text consulted is silent on that.
Compare section 11, where a mediation service provider gives a hearing to a mediator before terminating a mandate on information of conflict; see our article on sections 11 and 12.
Section 36: experts and committees
Section 36 says "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." The terms and conditions are left to regulations of the Council ("specified"). No regulations are in the text consulted, so no remuneration, qualification or tenure is stated here. The power is wide: experts, and committees of experts, as the Council considers necessary to discharge its functions.
Section 37: Chief Executive Officer and Secretariat
| Sub-section | Rule |
|---|---|
| (1) | There shall be a Chief Executive Officer of the Council, 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 CEO shall be as may be specified |
| (3) | There shall be a Secretariat to the Council with such number of officers and employees as may be specified |
| (4) | The qualification, appointment and other terms and conditions of service of the employees and other officers of the Council shall be 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 |
The CEO also sits on the Council as Member-Secretary, ex officio, under section 32(1)(f); see our article on sections 31 and 32. Sub-section (5) is a transitional support: until regulations are made under the section, the Central Government supplies officers and employees. The details of the CEO's qualification and terms, and the staffing, are for regulations, and none are in the text consulted.
Cross-reference slips in the later rule-making section
Section 52(2) lists matters on which the Council makes regulations and refers to sub-sections of section 37. As printed, clause (k) refers to "sub-section (5) of section 37" for matters that appear in section 37(4), and clause (j) refers to "sub-section (4) of section 37" for matters in section 37(3). The references appear to point to the neighbouring provision, and they are quoted as printed in our article on sections 51 to 54.
How the five sections work together
The scheme is simple: section 33 protects the Council's acts from technical attack; section 34 lets a Member leave; section 35 lets the Government remove a Member on set grounds with a hearing; section 36 gives the Council access to expertise; and section 37 provides the administration. The Council's duties are in section 38; see our article on sections 38 and 39.
Need help with governance questions about the Council?
If your organisation interacts with the Council, or you are assessing the conditions that attach to its Members and officers, we can walk you through the Act. Reach out through our legal consultation service.
Key takeaways
- Acts of the Council are not invalid merely because of a vacancy, a defect in constitution or appointment, or a procedural irregularity that does not affect the merits (section 33).
- A Member resigns by written notice to the Central Government and continues until the earliest of three months, a successor taking office, or term expiry, unless released sooner (section 34).
- The Central Government may remove a Member on six grounds after informing him of the charges and giving him a hearing (section 35).
- The Council may appoint experts and committees on terms as may be specified (section 36).
- A CEO and a Secretariat run the Council, with terms as may be specified (section 37).
Read next
- Sections 31-32 of the Mediation Act, 2023: Mediation Council of India, establishment and composition
- Sections 38-39 of the Mediation Act, 2023: duties and functions of the Council
- Sections 51-54: rules, regulations, laying and removal of difficulties
- 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.