5
Conciliation Courts, their composition, etc.
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.- 5. Conciliation Courts, their composition, etc.- (1) A Conciliation Court shall be a body consisting of a Chairman and two representatives to be nominated, in the prescribed manner, by each of the parties to the dispute; Provided that one of the two representatives so nominated shall be a member of the Union Council concerned. (2) The Chairman of the Union Council shall be the Chairman of the Conciliation Court, but where he is, owing to illness or any other cause, unable to act as Chairman or does not, on account of any personal consideration , wish to do so or his impartiality is challenged by any party to the dispute any other person appointed in the prescribed manner, not being a person nominated by any party, shall be the Chairman of the Court. (3) If either party to the dispute consists of more than one person, the Chairman shall call upon the person constituting that party to nominate the two representatives, on its behalf, and if they fail to nominate, shall authorize any one of such persons to do so, and thereupon the person so authorized shall alone have the right to nominate such representatives. (4) Where representatives required under this section to be nominated are not nominated within the prescribed time, then --- (a) If the case falls under Part-I of the Schedule, the Conciliation Court shall without such representative, be deemed validly constituted for tile purpose of this Act and conciliation shall proceed accordingly; and (b) If the case falls under Part-II of the Schedule, the Chairman shall issue a certificate that conciliation has failed.