(2) Notwithstanding anything contained in sub-section (1), the following matters shall not be included in the functions or duties of the Commission, namely : (a) any matter relating to the cases pending before nay court; (b) any matter to be dealt with by the Ombudsman under the Ombudsman Act, 1980 (Act No. XV of 1980); (c) any matter relating to the service of the public servants of the Republic and any employee engaged in the service of a statutory public authority which is triable in any tribunal established under the Administrative Tribunals Act, 1980 (Act No. VII of 1980). 13. Reference from the Supreme Court. (1) The Supreme Court may refer any matter arising out of an application made under article 102 of the Constitution, to the Commission for submitting report upon inquiry. (2) The Commission shall, after making an inquiry into the matter referred under sub-section (1), submit a report to the Supreme Court within the time frame, if any, mentioned in the reference. 14. Measures to be taken in case of revelation of human rights violation. (1) If any human rights violation is revealed from the inquiry of the Commission, the Commission may take measures to resolve it through mediation and conciliation. (2) If the mediation and conciliation under sub-section (1) do not succeed, the Commission shall (a) recommend to the appropriate authority to file any case or to take any other proceeding against the human rights violator; (b) recommend to the appropriate authority or person to prevent and take remedial measures for protecting the violation of human rights. (3) The Commission shall not make any recommendation under this section without giving the opportunity of being heard to the person who has been accused of violation of human rights or is about to violate human rights. (4) The Commission shall send a copy of its recommendation made under this section to the complainant. (5) The Commission may require the person or authority to whom or to which the recommendation is sent for action to send a follow up report on the measures taken according to the recommendation and it shall be the duty of such person or authority to comply with such requisition. (6) If any person or authority to whom or to which the recommendation is sent under this section from the Commission, fails to submit the report required, or if the Commission considers the action taken or proposed to be taken is insufficient, the Commission shall, if it considers appropriate, send the report with full description of the issue to the president and the president shall cause a copy of the report to be laid before the parliament. 15. Appointment of mediators or conciliators. (1) If any issue is sent under this Act for mediation or conciliation, the Commission may appoint one or more persons to mediate or conciliate between the parties. (2) The Procedure of appointment and power of the mediator and conciliator shall be prescribed by rules. (3) The Commission may issue direction to the concerned parties to be present before the mediator or conciliator for mediation of conciliation. (4) The sessions of the mediators and conciliators may be held in open or in camera. 55 JAMAKON

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