Section 3: Cases referable to conciliation

3. Cases referable to conciliation.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or in the 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 Ordinance, 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 ; 1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 2Cl. (ff) ins. ibid. 3Subs. by the Conciliation Courts (Amdt.) Ordinance, 1982. (18 of 1982) s. 2 for cls (h) and (i). (c) cases by or against the 1[Federal] or a Provincial Government or a public corporation or a public servant acting in the discharge of his duty ; (d) cases which according to the customary law of a community are referable to a community panchayat. 2[(3) Government may, by notification in the official Gazette, amend the Schedule so as to— (a) add thereto any class of cases relating to such disputes between private parties as are of a local nature and are capable of settlement by compromise ; (b) omit any entry therefrom ; or (c) alter or modify any entry therein.] (4) Nothing in this section shall apply to cases relating to an offence specified in the Schedule if the accused had previously been convicted of a cognizable offence.

Effective date: 1961-01-01

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