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8

Finality of the decision of Conciliation Courts

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.- 8. Finality of the decision of Conciliation Courts.-- (1) Where in a case referred to conciliation under this Act, the decision of the Conciliation Court is unanimous, or, if the case falls under Part-I of the Schedule, the decision is by a majority of four to one, the decision shall be binding on the parties and shall be enforceable in accordance with the provisions of this Act; Provided that such decision may be set aside by the Appellate Authority if it is of the opinion that the Conciliation Court does not have the jurisdiction to try the case. (2) If the decision of a Conciliation Court is by a majority of three to two, and the case falls under Part-I of the Schedule, any party may, within thirty days of the decision apply in the prescribed manner:- (a) to the Appellate Authority, if the case relates to a matter falling under Section A of that part; or (b) to the District Judge, if the case relates to a matter falling under Section B thereof, and Appellate Authority or the District Judge, as the case may be, if satisfied that there has been a failure of justice, may set aside or modify the decision, or direct that the dispute be refer back to the Conciliation Court for reconsideration. (3) If the decision of a Conciliation Court is not unanimous and tile case falls under Part-II of the Schedule the Court shall issue a certificate that conciliation has failed. (4) Notwithstanding anything in any law, any matter decided by a Conciliation Court in accordance with the provisions of this Act shall not be tried in any Court including a Conciliation Court.