EXTRAORDINARY REGD. NO. JK-33 THE JAMMU AND KASHMIR GOVERNMENT GAZETTE Vol. 131] Srinagar, Mon., the Ist Oct., 2018/9th Asv.. 1940. [No.26-3 Separate paging is given to this part in order that may be filed as a separate compilation. PART UL Laws, Regulations and Rules passed thereunder. GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND. PARLIAMENTARY AFFAIRS (Legislation Section) Srinagar, the Ist October, 2018. The following Act has been assented to by the Governor on |st October, 2018 and is hereby published for general information :— THE JAMMU AND KASHMIR ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2018 (Governor Act No. XVIII of 2018) [Ist October, 2018.] Enacted by the Governor in the Sixty. inth Year of the Republic of India.The J&K Govt, Gazette, Ist Oct, 2018/9th Asv., 1940. [No. 26-3, ‘An Act to amend the Jammu and Kashmir Arbitration and Con« Act, 1997, In exercise of the powers vested under Proclamation No. P-1/18 of 2018 dated 20th June, 2018, the Governor is pleased to enact as follows :— 1. Short title and commencement—(1) This Act may be called the Jammu and Kashmir Arbitration and Conciliation (Amendment) Act, 2018. (2) It shall come into force from the date of its publication in the Government Gazette. . Insertion of section 8-A, section 8-B, Act No. XXXV of 1997-—In the Jammu and Kashmir Arbitration and Conciliation Act, 1997 (hereinafter referred to as “the principal Act’), after section 8, the following sections shall be inserted, namely = “8-A, Power of the court, seized of petitions under sections 9 or II of the Act, to refer the dispute to Mediation or Conciliation. — (1). Ifduring the pendency of petitions under sections 9 or 11 ofthe Act, it appears to the court, that there exists elements of a settlement which may be acceptable to the parties, the court may, with the consent of parties, refer the parties. for resolution of their disputes, to (a) Mediation : or (b) Conciliation (2) Reference to mediation (Where a dispute has been referred for resolution by recourse to mediation, the procedure envisaged under Civil Procedure Alternative Dispute Resolution Rules, 2009 shall apply. (i) In case of a successful resolution of the dispute, the Mediator shall immediately forward the ‘mediated settlement to the referral court. (iil) On receipt of the mediated settlement, the referral court shall independently apply its judicial mindNo. 26-3] The J&K Govt. Gazette, Ist Oct, 2018/9th Asv., 1940, 3 and record a satisfaction that the mediated settlement is genuine, lawful, voluntary, entered into without coercion, undue influence, fraud or misrepresentation and that there is no other legal impediment in accepting the same. (iv) The court shall record a statement on oath of the parties, or their authorized representatives. affirming the mediated settlement as well as a clear undertaking of the parties to abide by the terms of the settlement. (v) If satisfied, the court shall pass an order in terms of the settlement. (vi) If the main petition, in which the reference was made is pending, it shall be disposed of by the referral court in terms thereof. (vii) If the main petition, in which the reference was made stands disposed of, the mediated settlement and the matter shall be listed before the referral court, which shall pass orders in accordance with clause (iii), (iv) and (v) above. (viii) Such a mediated settlement, shall have the same status and effect as an arbitral award and may be enforced in the manner prescribed under section 36 of the Act. Reference to conciliation (i The provisions of Part II of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 shall apply as ifthe conciliation proceedings were initiated by the parties under the relevant provision. of this Act.” “8-B, Power of the court, seized of matters under sections 34 or 37 of the Act, to refer the pute to Mediation or Conciliation. — (1). Ifduring the pendency ofa petition under section 34 or an appeal under section 37 of the Act, it appears to the court,