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Village court rules

 

 

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 of the Ordinance;


(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' shall mean any section of the Ordinance.

 

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 name of the union in which the crime has been committed or the cause of the complaint has arisen;


(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 must 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 returned to the applicant along with the order given thereon.


 


Rule-5: (1) An application for revision under sub-section (2) of section 4 shall be submitted to the competent Assistant Judge within 30 days from the date of rejection.

(2) Pursuant to sub-rule (1), the application shall be in writing and signed by the plaintiff. The reasons for which revision is being applied should be mentioned briefly in the application.

Rule 6: The Assistant Judge to whom the application shall be made under sub-section (2) of section 4, if he is of the opinion that the order given by the Chairman of the Union Parishad is motive motivated or largely unjustified, he shall issue a written order instructing the Chairman to accept the application and It will be returned to the applicant along with the order.

 

Rule-6: (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 that 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 heard as a new case.

 

Rule-6: (1) * After registering the application in accordance with the rules, the Chairman shall direct the applicant to appear at a specified date and time and summon the respondent to appear at 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 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 any person appointed for this purpose by the Union Parishad or the Chairman of the Village Court.

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


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

(6) If, despite the best efforts, it is not possible to issue summons in the manner described in the above sub-sections, then the summons issuer shall hang a public part of the house in which the summons recipient normally resides and the summons shall be deemed to be duly issued.

(6) 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 the village court may issue the summons by registering 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 is issued on the respondent, the Chairman of the Union Parishad shall ask the parties to nominate their members within seven days, and similarly a Village Court shall be constituted with the 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 as described in sub-section (2) of section 5,In case any party raises questions about its impartiality, in case of receiving information from the Thana Executive Officer, Chairman of the Union Parishad or receiving written request from any party, any member of the Union Parishad nominated by any party as its member to act as Chairman of the Village Court. You can appoint.

(2) As per sub-rule (1), the executive officer of the police station may suspend the activities of the village court till the chairman of the village court is appointed.


(3) The name of the chairman of the village court appointed in accordance with sub-rule (1) shall be recorded in the Form Register No.1.

 

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 and shall fix a time and place for the session of the village court and direct the parties to produce the necessary evidence in support of their respective statements.

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 is of the opinion that However, the application will be rejected for its error.

(2) Where the application is rejected in accordance with sub-rule (1), the plaintiff may apply in writing to the Chairman of the Union Parishad or the Village Court within 10 days from the date of dismissal of the suit for reinstatement, and if the Chairman is satisfied that There was a reason and he did not act negligently, but the chairman may reinstate the petitioner's application and set a date for hearing it.

 

Rule 18: (1) If a defendant appears in a case on the date fixed for hearing in the village court, and if the chairman of the village court is of the opinion that he has failed, the hearing of the case shall be disposed of in the absence of the defendant.

(2) In a case where a hearing is held in the absence of the defendant and disposed of against the defendant in accordance with sub-rule (1), the defendant may make a written application to the chairman of the village court within 10 days from the date of such decision to reinstate the case. And if the Chairman is satisfied that there was a good reason for his non-appearance and he did not act negligently, the Chairman may fix a date for reinstatement and hearing of the case.

 

Rule 18: (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, shall specify the proportion in which the decision has been taken.

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 shall contain the names, details and addresses of the parties, and the names, details and addresses of the parties shall be mentioned and the reasons for the application Must be done.


(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 4 should 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) The order to be made by the Thana Magistrate or Assistant Judge in accordance with sub-section (2) 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 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 in the case 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.

Rule 24: At the request of any party to the dispute, the chairman of the village court, or in the case where there is no village court, the chairman of the union parishad, collects another fifty paisa for every one hundred words as part of the relevant document.

Rule-25: (1) Whenever a penalty imposed under section 10 or 11 is levied under section 12, or any fee is levied under this rule, a receipt of Form No. 8 shall be issued containing the serial number, Shall be kept.


(2) All fines and fees received in accordance with these rules shall be recorded in a register on Form No.8.

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 case register and in the register of decrees and orders, the serial numbers of the same shall be given in the order of the application received every year and in the order of the decree or order 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) of 9, the chairman of the village court shall send the details in the form No. 8 to the executive office of the police station in order to collect it as arrears of land revenue.

 

Rule 30: The amount of the 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 send to the Thana Executive Officer the Form No. 10 of the six-month functions of the Village Courts for six months upto 31st December and up to 30th June, respectively, before February 1 and August 1 of each year.

Rule-32: When a village court is of the opinion that it is advisable to punish the accused for the sake of justice of any case under its jurisdiction; 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 appears in accordance with the summons or otherwise admits the petitioner's demand and resolves the demand in the presence of the Chairman of the Union Parishad.

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

Rule 35: (1) A seal of the village court shall be kept in the office of each 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 decree, copy and other documents issued in accordance with these rules.


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 of the Ordinance;


(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' shall mean any section of the Ordinance.

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 name of the union in which the crime has been committed or the cause of the complaint has arisen;


(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 must 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 returned to the applicant along with the order given thereon.

Rule-5: (1) An application for revision under sub-section (2) of section 4 shall be submitted to the competent Assistant Judge within 30 days from the date of rejection.

(2) Pursuant to sub-rule (1), the application shall be in writing and signed by the plaintiff. The reasons for which the revision is being applied, should also be mentioned briefly in the application.

Rule 6: The Assistant Judge to whom the application shall be made under sub-section (2) of section 4, if he is of the opinion that the order given by the Chairman of the Union Parishad is motive motivated or largely unjustified, he shall issue a written order instructing the Chairman to accept the application and It will be returned to the applicant along with the order.

Rule-6: (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 that 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 heard as a new case.

 

Rule-6: (1) পর 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 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 any person appointed for this purpose by the Union Parishad or the Chairman of the Village Court.

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


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

(6) If, despite the best efforts, it is not possible to issue summons in the manner described in the above sub-sections, then the summons issuer shall hang a public part of the house in which the summons recipient normally resides and the summons shall be deemed to be duly issued.

(6) 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 the village court may issue the summons by registering 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 is issued on the respondent, the Chairman of the Union Parishad shall ask the parties to nominate their members within seven days, and similarly a Village Court shall be constituted with the 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 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 at any time before the decision of the case of a village court, or any party raises a question about his impartiality.In that case, the Thana Executive Officer may, upon receipt of a notification from the Chairman of the Union Parishad or on receipt of a written application from any party, appoint any member of the Union Parishad to act as the Chairman of the Village Court.

(2) As per sub-rule (1), the executive officer of the police station may suspend the activities of the village court till the chairman of the village court is appointed.


(3) The name of the chairman of the village court appointed in accordance with sub-rule (1) shall be recorded in the Form Register No.1.

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 and shall fix a time and place for the session of the village court and direct the parties to produce the necessary evidence in support of their respective statements.

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, however, 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 is of the opinion that However, the application will be rejected for its error.

(2) Where the application is rejected in accordance with sub-rule (1), the plaintiff may apply in writing to the Chairman of the Union Parishad or the Village Court within 10 days from the date of dismissal of the suit for reinstatement, and if the Chairman is satisfied that There was a reason and he did not act negligently, but the chairman may reinstate the petitioner's application and set a date for hearing it.

 

Rule 16: (1) If a defendant appears in a case on the date fixed for hearing in the village court, and if the chairman of the village court is of the opinion that he has failed, the hearing of the case shall be disposed of in the absence of the defendant.

(2) In a case where a hearing is held in the absence of the defendant and disposed of against the defendant in accordance with sub-rule (1), the defendant may make a written application to the chairman of the village court within 10 days from the date of such decision to reinstate the case.And if the Chairman is satisfied that there was a good reason for his non-appearance and he did not act negligently, the Chairman may fix a date for reinstatement and hearing of the case.

Rule 18: (1) The decision of the village court shall be recorded by the chairman of the court in the 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 in which the decision has been taken.

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 shall contain the names, details and addresses of the parties, and the names, details and addresses of the parties shall be mentioned and the reasons for the application Must be done.


(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 4 should 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) The order to be made by the Thana Magistrate or Assistant Judge in accordance with sub-section (2) 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 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 in the case where there is no village court, the chairman of the union parishad, after collecting a fee of seventy-five paisa, shall grant permission to inspect the documents of the village court.

 

Rule 24: At the request of any party to the dispute, the chairman of the village court, or in the case where there is no village court, the chairman of the union parishad, collects another fifty paisa for every one hundred words as part of the relevant document.

Rule-25: (1) Whenever a penalty imposed under section 10 or 11 is levied under section 12, or any fee is levied under this rule, a receipt of Form No. 8 shall be issued containing the serial number, Shall be kept.

              (2) All fines and fees received in accordance with these rules shall be recorded in a register on Form No.8.

 

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


 


Rule 26: In the case register and in the register of decrees and orders, the serial numbers of the same shall be given in the order of the application received every year and in the order of the decree or order issued every year.


Rule 26: 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) of 9, the chairman of the village court shall send the details in the form No. 8 to the executive office of the police station in order to collect it as arrears of land revenue.


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

Rule 31: The Chairman of the Union Parishad shall send to the Thana Executive Officer the Form No. 10 of the six-month functions of the Village Courts for six months upto 31st December and up to 30th June, respectively, before February 1 and August 1 of each year.

Rule-32: When a village court is of the opinion that it is advisable to punish the accused for the sake of justice of any case under its jurisdiction; 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 appears in accordance with the summons or otherwise admits the petitioner's demand and resolves the demand in the presence of the Chairman of the Union Parishad.

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

 

Rule 35: (1) A seal of the village court shall be kept in the office of each 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 decree, copy and other documents of all summons issued in accordance with these rules.