Village Court Rules-1976
Rule-1 (Short Name and Initial)
These Rules shall be known as the Gram Adalat Rules, 1976.
Rule-2 (Unless there is anything to the contrary in the content or context in these Rules)
(a) "Form" means the form annexed to these rules.
(b) "Ordinance" shall mean the Village Courts "Ordinance" of 1976 (Ordinance No. 61 of 1976);
(c) 'part' means any part of the Schedule to the Ordinance;
(d) "applicant" means a person who makes an application under section 4 of the Ordinance;
(e) "respondent" means a 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) Any application in accordance with sub-section (1) of section 4 shall be made in writing and shall be signed by the applicant and submitted to the Chairman of the Union Parishad. (2) In accordance with sub-rule (1) the written application shall contain the following particulars; Namely:
(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 respondent;
(d) the name of the Union in which the offense was committed or the cause of complaint arose;
(e) the nature and extent of the complaint or claim, including a brief description; And
(f) All remedies claimed.
(3) According to this rule, if the application is related to the first part of the schedule, a fee of two takas and if it is related to the second part, a fee of four takas has to be submitted along with the application.
Rule-4: When the Chairman of the Union Parishad rejects the application as per sub-section (1) of Section 4, then the application shall be returned to the applicant along with the order given thereon.
Rule-5: (1) According to sub-section (2) of section 4 within 30 days from the date of rejection, the application for revision should be submitted to the competent assistant judge. (2) According to sub-rule (1), the application should be written and signed by the plaintiff. It should contain the names, details and addresses of the parties and the original application rejected and returned by the Chairman of the Union Parishad should also be submitted along with this application. All the reasons for which revision is being applied for, should also be briefly mentioned in the application.
Rule-6 : If the Assistant Judge to whom an 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 ulterior motive or grossly unjust, he shall direct the Chairman in writing to accept the application. pass the order and return the same 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 recorded in the said register shall also be written on the application. If the Assistant Judge sends back a case for reconsideration, it should be registered in Form No. 1 Register and heard as a new case.
Rule-8: (1) After registering the application as per Rule 7, the Chairman shall direct the applicant to appear on a specified date and time and summon the respondent to appear on the said specified date and time.
(2) All summons issued in accordance with these rules shall be written in double width and duly signed and sealed by the Chairman of the Union Parishad, and after the establishment of the Gram Adalat shall be duly signed and sealed by the Chairman of the Gram Adalat.
(3) In all other cases where provision is made otherwise, every summon issued in accordance with these rules shall be issued by a clerk of the Union Parishad or any person appointed for the purpose by the Chairman of the Union Parishad or the Gram Adalat.
(4) The person summoned by the summons shall, if possible, issue the summons personally by handing over one copy of the two copies of the summons to that person.
(5) Every person on whom a summons is to be issued shall acknowledge receipt of the summons by signing on the reverse side of the other side of the summons.
(6) If it is not possible to issue a summons in the manner described in the above sub-sections despite all reasonable efforts, the summoning officer shall hang up a width of the summons in any public part of the house where the recipient of the summons ordinarily resides, and the summons shall thereby be deemed to have been duly issued. will be
(7) If the person in whose name the summons has been issued resides outside the jurisdiction of the Union Parishad, the chairman of the Union Parishad or the village court may register and issue the summons by post (with the cost of acknowledgment of receipt) and the applicant shall bear the cost thereof.
Rule-9: (1) Summons must be given in Form No. 2 to the defendant. (2) Summons must be given in Form No. 3 to witnesses.
Rule-10: After the summons is issued to the defendant, the Chairman of the Union Parishad shall ask the parties to nominate their members within seven days, and the Village Court shall be constituted with the 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 said members in the short column of the register of Form 1.
Rule-12 : (1) Where the Chairman of the Union Parishad is unable to act as the Chairman of the Gram Adalat for any reason mentioned in sub-section (2) of section 5 at any time before the decision of the Gram Adalat in any case, or any party raises questions about his impartiality, In that case, the Thana Executive Officer can appoint any member of the Union Parishad to act as the chairman of the village court on receiving information from the Chairman of the Union Parishad or on written request from any party (except the member who has been nominated by a party). 2) According to sub-rule (1) the executive officer of the police station can suspend the activities of the village court until the chairman of the village court is appointed.
Rule-13: After the Village Court is constituted, the Chairman of the Village Court shall direct the respondent to file a written objection against the petition within three days and shall fix a day and place for holding the session of the Village Court and the parties shall be required to produce necessary evidence in support of their respective statements. You can give instructions.
Rule-14: (1) The village court shall try the case on the date fixed in accordance with rule 13, but the court may adjourn the hearing of the case from time to time, provided that the period of such adjournment shall not exceed seven days. (3) The village court may conduct an on-the-ground investigation at any stage of the case regarding the dispute between the parties regarding any matter.
Rule-15 : (1) If the plaintiff does not appear before the Chairman of the Union Parishad in a case, or on the date fixed for the hearing of the case in the Village Court, and if the Chairman of the Union Parishad or the Village Court is of the opinion that the plaintiff, his case (2) Where the application is dismissed as per 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 case for reinstatement, And if the said Chairman is satisfied that there was good reason for the applicant's non-appearance and that he did not act negligently, the Chairman may reopen the applicant's application and fix a date for hearing the same.
Rule-16 : (1) If the respondent does not appear in the village court on the date fixed for the hearing of a case, and if the Chairman of the village court is of the opinion that he has been negligent, the case shall be heard and disposed of in the absence of the respondent. (2) Where In any case where the hearing is held in the absence of the defendant under sub-rule (1) and the decision is against the defendant, the defendant may apply in writing to the Chairman of the Village Court within 10 days from the date of the said decision for reinstatement of the case, and if the Chairman is satisfied that, There was good reason for his non-appearance and he did not act negligently, but the Chairman may reopen the case and fix a date for its hearing.
Rule-17 : (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 under sub-rule (1) shall state whether the decision is unanimous, and if not, the proportion of the majority in which the decision was taken. , it will be mentioned.
Rule-18: Every decision of the village court shall be pronounced by the chairman of the court in open court.
Rule-19: (1) In accordance with sub-section (2) of section 8, the application shall be in writing, signed by the applicant, and shall contain the names, particulars and addresses of the parties, and shall contain the names, particulars and addresses of the parties and the application The reasons should also be mentioned briefly. (2) A copy of the decree or order passed by the village court should be attached with the petition under the seal of the chairman of the court.
Rule-20: After every case is settled, a decree in Form No. 4 should be prepared and it should be signed by the Chairman of the Village Court.
Rule-21 : (1) The Chairman of the Union Parishad shall record the details of the decrees in the register in Form No. 5. (2) The order passed by the Police Station Magistrate or the Assistant Judge in accordance with sub-section (2) of Section 8 shall be intimated to the Chairman of the Union Parishad concerned in due course and accordingly the Chairman Amend the decree order and record the necessary matters in Form 5 in the register of decrees.
Rule-22: The village court will decide the time within which the decree money or compensation money has to be paid. The period of this period shall in no case exceed six months from the date of the final order.
Rule-23: On the application 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, shall grant permission to inspect the documents of the village court regarding the dispute after collecting a fee of seventy five paise.
Rule-24: On the application 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, shall charge fifty paisa for every one hundred words or part thereof of any relevant document or any matter recorded in any register kept in accordance with these rules. Provide copies of parts.
Rule-25 : (1) Whenever any penalty levied under section 10 or 11 is collected in accordance with section 12, or any fee is collected in accordance with these rules, a receipt shall be given in Form No. 6, bearing a serial number, and a copy thereof. (2) All fines and fees received in accordance with these rules shall be recorded in a register in Form 7.
Rule-26: All fees paid in accordance with these rules shall be considered as part of the Union Parishad Fund.
Rule-27: The register of cases and the register of decrees and orders shall be numbered in the order of the petitions received every year and in the order of the decrees or orders given every year.
Rule-28: All the documents including the register of the village court shall be submitted to the Union Parishad office and the registers shall be preserved 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 Section 9, the Chairman of the Village Court shall send the details in Form 8 to the Thana Executive Office to recover the same as arrears of land revenue.
Rule-30: According to sub-section (1) of section 12, the order given specifying the amount of fine to be collected should be sent to the police station magistrate in form 9.
Rule-31: The Chairman of the Union Parishad shall send to the Thana Executive Officer in Form 10 the return of the activities of the Village Courts for the six months up to 31st December and 30th June respectively before the 1st of February and the 1st of August every year.
Rule-32: When a Village Court is of the opinion that the punishment of the accused is desirable for the sake of justice in any case pending before it; Then the village court can send the case to the criminal court in form 11.
Rule-33: No village court shall be constituted when the defendant appears as per summons or otherwise and admits the claim or dispute of the petitioner and settles the claim in the presence of the Chairman of the Union Parishad.
Rule-34: When the Gram Adalat or the Chairman of the Union Parishad accepts any money given to any party, the said money shall be paid to him within seven days if possible from the date of application by the concerned party.
Rule-35 : (1) A seal of the Gram Adalat shall be kept in the office of every Union Parishad, which shall be round and on which the words Gram Adalat and the name of the Union Parishad shall be printed. The seal will be used.
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