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Village Court Rule

 

Village Court Rules, 1976

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Rule-1 (Short Name and Commencement)

These rules will be called the Village Court Rules of 1986.

 

Rule-2 (unless there is anything contrary to the content or context in these rules)

(A) "Form" means the form attached to these rules.

(B) "Ordinance" means the Village Court Ordinance of 1986 (Ordinance No. 61 of 1986);

(C) 'fragment' means any fragment of the Schedule to the Ordinance;

Rule-1 (Short Name and Commencement)

(D) "applicant" means any person who makes an application under section 4 of the Ordinance;

(E) "defendant" means any person against whom an application is made under section 4 of the Ordinance; And

(F) 'Section' means any section of the Ordinance.

 

Rule-3: (1) An application under sub-section (1) of section 4 shall be made in writing and signed by the applicant.             

Rule-3: (1) An application in accordance with sub-section (1) of section 4 shall be made in writing and shall be signed by the applicant and shall be submitted to the Chairman of the Union Parishad.

(2) A written application pursuant to sub-rule (1) shall contain the following details; E.g.

(A) the name of the Union Parishad to which the application is being made;

(B) the name, identity and residence of the applicant;

(C) the name, identity and residence of the defendant;

(D) The union in which the crime took place

(E) the nature and validity of the complaint or claim, with a brief description; And

(F) All the remedies that are being demanded.

(3) According to this rule, if the application relates to the first part of the schedule, a fee of two rupees and if related to the second part, a fee of four rupees shall be submitted with the application.

 

Rule-4: When the Chairman of the Union Parishad rejects the application in accordance with sub-section (1) of section 4, the application shall be made with the order given thereon.

(Rule-5: (1) Within 30 days from the date of rejection, the application for revision in accordance with sub-section (2) of section 4 shall be submitted to the competent assistant judge.

(2) The application shall be in writing and signed by the plaintiff in accordance with sub-rule (1). It must contain the names, descriptions and addresses of the parties, and the original application which the Chairman of the Union Parishad rejected and returned must also be submitted with this application. All that O.

(Rule 6: The Assistant Judge to whom the application is to be made under sub-section (2) of section 4, if he is of the opinion that the order passed by the Chairman of the Union Parishad is motivated by motive or is grossly unjust, he shall direct the Chairman to accept the application. Make a written order and return it to the applicant with a similar order.

Rule 7: (1) If the application is accepted, its details shall be recorded in the register kept in Form No. 1 and the number and year of the case to be recorded in the said register shall also be written on the application.

(2) When a Thana Magistrate or Assistant Judge returns a case for reconsideration under sub-section (2) of that section, it shall be re-listed in the Form No. 1 Register and shall be heard as a new case.

 Rule 8: (1) After registering the application in accordance with the rules, the Chairman shall direct the applicant to appear on a specified date and time and summon the respondent to appear on the specified date and time.

(2) All summons issued in accordance with these rules shall be written in two forms and signed and sealed by the Chairman of the Union Parishad, and shall be signed and sealed by the Chairman of the Village Court after the formation of the Village Court.

(3) Except where otherwise provided, in all cases every summons issued in accordance with these rules shall be issued by an employee of the Union Parishad or by a person appointed for this purpose by the Chairman of the Union Parishad or the Village Court.

(4) The person summoned by the summons shall, if possible, personally issue the summons by handing over to the person one width of the two width summons.

(5) Every person to whom the summons will be issued shall acknowledge receipt by signature on the opposite page of the other width of the summons.

(6) If, despite due diligence, it is not possible to issue summons in the manner described in the above sub-sections, then the summons issuing employee shall hang a wide sum of any open part of the house in which the recipient of the summons normally resides.

7) If the person in whose name the summons has been issued resides outside the jurisdiction of that union parishad, the chairman of the union parishad or village court may issue the summons by post (including the cost of acknowledgment of receipt) and the applicant shall bear the cost.

Rule-9: (1) Summons to the Defendant shall be given in Form No.2.

(2) The summons to the witness shall be given in the form no.

 

Rule 10: After the summons has been issued on the respondent, the Chairman of the Union Parishad shall ask the parties to nominate their members within seven days, and a Village Court shall be constituted with similarly nominated members and the Chairman of the Union Parishad.

 

Rule-11: After receiving the names of the members, the Chairman of the Union Parishad shall record the names of the members in the short column of the register of Form No.1.

Rule-12: (1) In case the village court, before announcing the decision of any case, the chairman of the union parishad is unable to act as the chairman of the village court for any reason mentioned in sub-section (2) of section 5, or any party raises questions about his impartiality. In that case, the Thana Executive Officer, upon receiving information from the Chairman of the Union Parishad or on receiving a written application from any party, may ask any member of the Union Parishad to act as Chairman of the Village Court.

Rule 13: After the formation of the village court, the chairman of the village court shall direct the respondent to file a written objection against the application within three days. Can give instructions.

Rule-14: (1) The village court shall hear the case on the date fixed in accordance with Rule 13, but the court may adjourn the hearing of the case at different times for appropriate reasons, but the period of similar adjournment shall not exceed seven days.

(2) The chairman of the village court shall ask the witnesses to make an affidavit or affidavit and shall record or have the summary of the affidavit recorded.

(3) The village court may conduct on-the-spot investigation at any stage of the case in case of dispute between the parties on any matter.

Rule 15: (1) If in any case the plaintiff does not appear on the date fixed for appearing before the Chairman of the Union Parishad, or on the date fixed for hearing of the case in the Village Court, and if the Chairman of the Union Parishad or Village Court agrees However, the application will be rejected for his error.

(2) In the case where the application is rejected in accordance with sub-rule (1), the plaintiff for re-assignment of the case may be transferred to the Union Parishad or village Aad within 10 days from the date of dismissal.

Rule 16: (1) The decision of the village court shall be recorded by the chairman of the court in Form No. 1 Register.

(2) Every decision recorded in accordance with sub-rule (1) shall state whether the decision is unanimous, and if not unanimous, in proportion to the majority by which the decision has been taken.

 

Rule 17: Every decision of the village court shall be declared by the chairman of the court in a public court.

Rule 18: Every decision of the village court shall be declared by the chairman of the court in a public court.

 

Rule 19: (1) The application shall be written in accordance with sub-section (2) of that section, shall be signed by the applicant, and in it the name, description and address of the parties shall be mentioned, and in it the name, description and address of the parties shall be mentioned and Reasons must also be mentioned briefly.

(2) A copy of the decree or order issued by the village court shall be stamped by the chairman of the court and attached with the application.

Rule 20: After the disposal of each case, a decree in Form No. 4 has to be prepared and signed by the Chairman of the Village Court.

 

Rule-21: (1) The Chairman of the Union Parishad shall record the details in the Register of Decrees in Form 5.

(2) An order to be issued by a Thana Magistrate or Assistant Judge in accordance with sub-section (2) of that section shall be communicated to the Chairman of the concerned Union Parishad in due course and the Chairman shall amend the decree order accordingly.

Rule-22: The village court will decide within how many days the decree money or compensation money has to be paid. This period shall in no case exceed six months from the date of final order.

 

Rule 23: At the request of any party to a dispute, the chairman of the village court, or where there is no village court, the chairman of the union parishad, after paying a fee of seventy five paisa, shall grant permission to inspect the documents of the village court regarding the dispute.

Rule 24: At the request of any party to the dispute, the chairman of the village court, or where the village court does not exist, the chairman of the union parishad, collects as one hundred words or any other part of it fifty paisa. Provide a copy of the part.

Rule-25: (1) Whenever a fine imposed under section 10 or 11 is levied under section 12, or any fee is levied under this rule, a receipt shall be given in Form No. 8 containing the serial number, and its cover. Shall be kept in the Union Parishad office.

(2) All fines and fees received in accordance with these rules shall be recorded in a register on Form .

Rule 26: All fees paid in accordance with these rules shall be deemed to be part of the Union Parishad fund.

 

Rule 27: In the register of cases and in the register of decrees and orders, their serial numbers shall be given in the order of applications received every year and in the order of decrees or orders issued every year.

 

Rule 28: All documents including village court registers shall be submitted to the Union Parishad office and the registers shall be kept for ten years and other documents for three years.

Rule-29: In case any money has to be recovered as per sub-section (3), in order to collect it as arrears of land revenue, the chairman of the village court shall send the details in the form No. 8 to the Thana executive office.

 

Rule-30: The order given by stating the amount of fine to be levied as per sub-section (1) of section 12 shall be sent to the Thana Magistrate in Form No.9.

Rule 31: The Chairman of the Union Parishad shall, before the first of February and the first of August of each year, send the return of the six-month functions of the Village Courts to the Thana Executive Officer on Form No. 10 for six months till 31st December and till 30th June respectively.

 

Rule-32: When a village court is of the opinion that it is advisable to punish the accused for the sake of justice of the case under trial; The village court can then send the case to the criminal court on Form 11.

Rule 33: No village court shall be constituted when the respondent, according to the summons or otherwise, admits the petitioner's demand or dispute and settles the claim in the presence of the Chairman of the Union Parishad.

 

Rule-34: When the chairman of the village court or the union parishad pays a party and receives any money, the money must be paid to him within seven days from the date of application of the party concerned, if possible.

Rule 35: (1) A seal of the village court shall be kept in the office of every union parishad, which shall be circular and in which the words of the village court shall also bear the name of the union parishad.

(2) The seal of the village court shall be used on all summons orders decreed, copied and other papers issued in accordance with these rules.