Section 39 of the Mediation Act 2023: Monitoring and Reporting
Section 39 creates a monitoring and reporting framework under which the Mediation Council of India is to report on implementation of the Mediation Act, while the Central Government may take additional measures to support the Council and effective implementation of the Act.
Section 39 - Monitoring and reporting
Sub-section (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 implementation of the provisions of the Act during that year or interval and forward a copy to the Central Government.
Sub-section (2): The Central Government may take such additional measures as it considers necessary to supplement the functioning of the Council and for effective implementation of the provisions of the Act.
Annual report on implementation of the Mediation Act
Section 39(1) contemplates a recurring implementation report by the Mediation Council of India. The ordinary reporting point is as soon as practicable after the end of each year. The report concerns implementation of the provisions of the Mediation Act during the relevant period.
Reporting at other intervals
The annual cycle is not exclusive. The Central Government may direct reporting at other intervals. Where such a direction is issued, the Council is to prepare the implementation report for that interval and forward a copy to the Central Government.
Meaning and purpose of monitoring and reporting
The provision creates institutional accountability between the Council and the Central Government. It is designed to provide a formal record of how the statutory framework is being implemented and to enable the Central Government to consider whether additional implementation measures are required.
Power of the Central Government under Section 39(2)
Sub-section (2) authorises the Central Government to take additional measures that it considers necessary for two connected purposes: to supplement the functioning of the Council and to support effective implementation of the Act.
The provision does not itself list particular additional measures. Any action taken must therefore be understood within the Mediation Act and other applicable law.
Relationship with the Mediation Council provisions
Section 31 provides for establishment and incorporation of the Mediation Council of India. Section 38 sets out the Council's principal duties and functions. Section 39 follows those provisions by creating the reporting mechanism concerning implementation of the Act.
Commencement under Section 1(3)
Section 1(3) provides that the Mediation Act, 2023 comes into force on such date as the Central Government may appoint by notification in the Official Gazette, and different dates may be appointed for different provisions. The notification dated 9 October 2023 commenced specified provisions, including Sections 31 to 38, but did not include Section 39.
Key legal points
- The Council is contemplated to report on implementation of the Act after each year or at other intervals directed by the Central Government.
- A copy of the implementation report is to be forwarded to the Central Government.
- The Central Government may take additional measures to supplement the Council's functioning.
- The Central Government may also take measures for effective implementation of the Act.
- Section 39 is distinct from Section 38, which lists the substantive duties and functions of the Council.
- The operation of Section 39 depends on its commencement under Section 1(3).
Related provisions
See Section 37 - Secretariat and Chief Executive Officer, Section 38 - Duties and functions of Council and Section 40 - Mediation service provider.