3
Cases referable to conciliation
Act: Azad Jammu and Kashmir Conciliation Courts Act 1986
Section Provisions
THE AZAD JAMMU AND KASHMIR CONCILIATION COURTS ACT, 1986 THE AZAD JAMMU AND KASHMIR CONCILIATION COURTS ACT, 1986 (ACT XIV OF 1986) [Dated March 9, 1986] AN ACT to make the provisions for the establishment of conciliation courts in Azad Jammu and Kashmir. WHEREAS the Local Government Institutions have been set up and it is expedient to make provisions for the establishment of conciliation courts to enable the people .to settle certain disputes through conciliation, and for matters ancillary thereto: It is hereby enacted as follows.- 3. Cases referable to conciliation.----(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or in tile Code of Civil Procedure, 1908 (Act V of 1908): (a) all cases falling under Part-I of the Schedule shall save as otherwise provided, hereinafter, be referred to conciliation under this Act, and no civil or criminal Court shall have jurisdiction to try any such case ; and (b) any of the cases falling under Part-II of the Schedule may be so referred if all the parties thereto agree to such a reference. (2) The following cases relating to matters falling under Section B of Part-I of the Schedule or under Section B of Part-II thereof shall be excluded from conciliation, namely :- (a) cases in which the interest of a minor is involved; (b) cases where provision for arbitration has been made in a contract between the parties; (c) cases by or against the Government or a public corporation or local bodies or a bank or a public servant acting in the discharge of his duty; (d) cases which according to the customary law of community are referable to a community panchayat. (3) Government may, by notification in the Official Gazette add to the Schedule any class of cases relating to such disputes between private parties as are of a local nature and are capable of settlement by compromise. (4) Nothing in this Section shall apply to cases relating to an offence specified in the Schedule if the accused has previously been convicted of a cognizable offence.