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Rules Of Village Court

Village Court Rules

Village Court Act, 2006

 
Some disputes and disputes in the jurisdiction of each union of the country

The law made for the resolution of the village court for easy and speedy disposal


Whereas, the legislators of the village court formulation and related matters are expedient and necessary for the smooth and speedy settlement of certain disputes and disputes in the jurisdiction of every union of the country;

Short title, introduction and application

1. (1) This law shall be called the Village Court of Law, 2006.

(2) It shall be effective immediately.

(3) It will only be applicable to the jurisdiction of the jurisdiction of the Union.

Definition

2. In this Act, unless there is anything repugnant in the context or context-
(A) "amalgamation" means the Cognizable Offense defined in the Criminal Procedure Code;
(B) "union" means the union defined in clause (26) of section 2 of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983);
(C) "Union Parishad" means the Union Parishad defined in clause (27) of section 2 of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983);
(D) "Assistant Judge of jurisdiction" means that the Assistant Judge located in the respective jurisdiction of the jurisdiction of the Assistant Judge, and in the case of several Assistant Judges who have similar jurisdiction, the same junior assistant assistant judge;
(E) "village court" means a village court constituted under section 5;
(F) "Chairman" means the chairman of the village court;
(G) "schedule" means the schedule of this Act;
(H) "Penal Code" means Penal Code, 1860 (Act No. XLV of 1860);
(I) "Civil procedure" means the Code of Civil Procedure, 1908 (Act No. V of 1908);
(J) "prescribed" means prescribed by rules;
(K) "party" shall include a person whose presence is considered to be necessary for the proper settlement of a dispute, and the village court, to which attach it as a party to the dispute;

(L) "Criminal Procedure" means Code of Criminal Proecedure, 1898 (Act No. V of 1898);
(D) "Rule" means the rules made under this Act;
(N) "decision" means no decision of the village court.

Judicial case by the village court

3. (1) Notwithstanding anything contained in the Code of Criminal Procedure and Civil Code, the civil cases related to the matters relating to the matters mentioned in the first part of the schedule and civil cases related to the matters mentioned in the second part, and if there is no separate order, the court shall be judged by the court and no criminal or civil court There shall be no jurisdiction to prosecute any such suit or suit.
(2) No case related to any offense described in the first part of the schedule by the village court shall be decided if a person has been convicted of any offense which has been proved in this case, before it has been convicted by the village court, or related to the matters mentioned in the second part of the schedule The case and the village court shall not be judged, if-
(A) the interests of a minor in that case;
(B) There is a provision for settlement of arbitration or dispute in any agreement made between the parties on the dispute;
(C) Any government employee acting in government or local authority or duty is a party to the dispute.
(3) The provisions of sub-section (1) shall not apply in case of any suit or proceeding for establishing or retaining possession or possession of the immoveable property, which has been issued by the village court for the possession of the immoveable property or for the purpose.

Application for formation of village court

4. (1) In cases where a case under this Act is to be judged by the village court, any party of the dispute can apply to the chairman of the concerned Union Parishad in the prescribed manner for the formation of village court for the trial, and the chairman of the Union Parishad If the application is not rejected then, in the prescribed manner, the initiative to constitute a village court Will repeat.
(2) A person may revoke the appeal by the order passed by sub-section (1) to the Assistant Judge's Court, in the prescribed manner and within the prescribed time.

Village court structure, etc.

5. (1) A village court will be formed by taking a total of four members, by nominating a chairman and two nominated by both parties.

But the condition is that one member of each member nominated by each party shall be a member of the Union Parishad.

(2) The Chairman of the Union Parishad shall be the Chairman of the Village Court, but in the case of which he is unable to perform the duties as a Chairman for any reason or his question is raised by any party about his neutrality, in the prescribed manner, without the aforesaid member mentioned in sub-section (1) Other members of the Union Parishad will be the chairman of the village court.

(3) If there is more than one person in any case for the dispute, then the Chairman shall call upon those party members to nominate two members for their party and if they fail to make such nomination, then he shall give any person the power to nominate a member of the person and accordingly The nominee will be nominated by the person having similar power.

(4) Notwithstanding anything contained in sub-section (1), a party in the dispute can nominate any other person as a member of the village court instead of the chairman of the union council.

(5) Notwithstanding anything contained in the other provisions of this section, if it is not possible to nominate a member within the prescribed time, the village court shall be constituted without the same member and it can legitimately carry out its functions.

The jurisdiction of the village court, etc.

6. (1) In the union of which the offense shall arise or the cause of the case shall arise, subject to the provisions of sub-section (2), if the parties of the dispute are generally resident in the union, the village court shall be formed and the jurisdiction of the court shall be held in respect of the respective village courts.
(2) The village court shall be formed in the union in which the offense shall be committed or the cause of the case shall arise, if a party of the dispute becomes a resident of the union and the other party is a resident of the union, the offense shall arise in the union or the cause of the case shall arise; If the parties wish, then they may nominate a representative from their own union.

The power of the village court

7. (1) If there is no other provision in this Act, the village court may order an individual to pay compensation of not more than twenty five thousand rupees only for the offenses mentioned in the first part of the schedule.

(2) The village court may order an order for payment of the amount mentioned in the schedule in respect of matters relating to the matters relating to the matters mentioned in the second part of the schedule or to give the property to the original owner or to recover the possession of the property.

Decision of the village court finalization and appeal

8. (1) If the decision of the village court is accepted by majority vote-one (4: 1) majority vote or three-one (3: 1) majority vote in the presence of four members, then the decision will be made to the parties and it will be effective in accordance with the provisions of this Act.
(2) If the decision of the village court is taken by the majority vote of three-two (3: 2), the aggrieved, within thirty days after the decision, in the prescribed manner-
(A) If the case is related to a crime described in the first part of the schedule, the magistrate of the first class, with the jurisdiction, may appeal to the court; And
(B) If the case is related to the matters mentioned in the second part of the schedule, then the appeal may be filed by the Assistant Judge's Court with the jurisdiction.
(3) In the case of appeals under sub-section (2), as the case may be, if the satisfaction of the first-class magistrate court or assistant judge's court appears, that the village court has failed to do justice in the case, then, as the case may be, the first Magistrates' Court or the Assistant Judge Court of the class can cancel or alter the decision of the village court, or rehabilitate May send the case back to the court for the child's village.
(4) Notwithstanding anything contained in any other law for the time being in force, if any decisions are made by the village court in accordance with the provisions of this Act, it shall not be decided in any court, including another village court.

Effective decision of village court

9. (1) If a village court decides to give compensation to a person or to return the property or possession of it, then in the prescribed manner, the order shall be issued and it shall be recorded in the specified register.

(2) In the presence of the village court, if any payment is made after the claim is settled or according to the decision of the village court, then the village court, as the case may be, will record the payment of the payment or the transfer of property in its register.

(3) In cases where the order is given by the village court for payment of compensation and the payment is not made within the stipulated time, then in the case of the chairman of the Public Demands Recovery Act, 1913 (Act No. III of 1913) Under this, we will pay compensation to the affected party.

(4) In cases where compensation is not possible without any compensation, in order to implement the decision, the matter will be presented to the Assistant Judge Court with the jurisdiction and the same court shall take such form to implement this decision, as it may be said by the court. The decision has been made.

(5) If the village court seems to be appropriate, then they may order the compensation to be paid in the prescribed installment.

The power of the village court in the case of summoning witnesses, etc.

10. (1) The village court may summon any person to appear before the court and to give a witness or submitting a document.
But the condition is that-
(A) The person who is exempted from appearing in court in sub-section (1) of Section 133 of the Civil Procedure, shall not be instructed to appear personally;
(B) If the village court reasonably thinks that it is possible to present a witness without any unwarranted delay, expenditure or difficulty, then the court may refuse to summon the witness or enforce the summons issued against that witness;
(C) In order to give the person a witness or to submit or order a document, the village court may, if it is not submitted to the court for the payment of adequate money to the person, who has travel and other expenses in the area outside the jurisdiction of the village court, in the consideration of the court, Do not;
(D) The village court shall not direct any person to submit any confidential document or unreleased official record related to the affairs of the state, or shall not direct any person to give any evidence received from such confidential documents or unrecorded official records without the permission of the Chief Officer of the concerned department.
(2) If a person disobeys the consent summoned under sub-section (1), the village court may, according to the same disobedience, be fined with a fine of up to five hundred rupees, subject to the scope of the said offense, to the accused person.

Contempt of village court

11. (1) If a person, without any legal reason,
(A) In the course of the court proceedings, the village court or its members insulted them by indecent speech, intimidation, aggression or other behavior; Or
(B) The village court does not interfere in any activity; Or
(C) Despite the order of the village court, failing to submit or submit any document; Or
(D) He refused to answer any question that he was obliged to answer the question of village court; Or
(E) To accept the oath of speaking the truth or to refuse to sign the statement given in accordance with the directions of the village court, then, he will be guilty of contempt of the village court.
(2) Notwithstanding any complaint made to the court in the offense committed under sub-section (1), the village court may, in the case of such contempt, judge the accused and fined him for not more than five hundred rupees.

Recovering fine

12. (1) If the fine imposed under section 10 and 11 is not paid, the village court will recommend the amount of the said amount, along with the relevant information, and the matter of the refunded Nahwa, and to the magistrate having the jurisdiction to recover it.
(2) Upon receipt of recommendation under sub-section (1), the concerned magistrate shall take such form of order to recover such fine according to the provisions of the Criminal Procedure so that it may have been fixed by him and may impose a fine of imprisonment for the person in default.
(3) All fine collected under section 10, 11 under section 2 (2) shall be deposited in the Union Parishad's fund.

Method

13. (1) If there is no other provision in this Act, the provisions of the Evidence Act, 1872 (Act No. I of 1872), Criminal Procedure, and Civil Procedure Code shall not apply in any village court case.
(2) In case of all cases brought to the village court, sections 8, 9, 10 and 11 of the Oaths Act, 1873 (Act No. X of 1873) shall apply.
(3) If a case is filed under this Act against a government servant, if he raises objection to the fact that the alleged offense has been committed while performing his official duties or performing duties, then he will be required to review his employer's authority for the trial.

Ban on recruitment of lawyers

 
 

 

 

14. No matter whatsoever in any other law, no party can appoint any lawyer to conduct any case filed in the village court.

Representation to government employees, screenable growth, and physically challenged persons

15. (1) If a Government servant who is present in front of the court, with the recommendation of his superior authority, raises objection to the fact that, due to his personal presence, the public responsibility will be damaged, then the court will give him a proper delegation to him on behalf of the village Permit to appear before the court.
(2) If a screened or elderly and physically challenged person who is unable to appear before the village court, is unable to give evidence in court, then the court may permit him to properly hold any representative who is authorized to appear before the court on his behalf.
(3) No representative appointed under sub-section (1) or (2) shall take any fee.

Transfer of several cases

16. (1) In cases where the District Magistrate thinks that the situation in a case pending in the Village Court related to the matters mentioned in the first part of the schedule, that it should be tried in a criminal court for the sake of public interest and justice, in spite of what has been said in this Act, He has withdrawn the case from the village court and in the Criminal Court for trial and settlement, Ranera may direct.
(2) If a village court thinks that a criminal case should be punished for the sake of justice in a case pending in the village court related to a matter referred to in sub-section (1), then the court should send it to the criminal court for trial and settlement of the case. Can give

Investigation by Police

17. Notwithstanding anything contained in this Act, the police will not stop investigating the amalgamation case related to the offense described in the first part of the schedule; However, if a similar case is brought in a criminal court, then if the court thinks fit, it may order the case to be sent to a village court constituted in accordance with the provisions of this Act.

Litigation cases

18. This law shall not be applicable to those laws, which are adjudicable under this law, pending before any court of law or criminal court immediately after the commencement of this Act, and similar cases will be settled by such court as if this law has not been enacted.

Ability to escape

19. Government may, by notification in the official Gazette, exclude any area or area or cases of any class or any community from any or all of the provisions of this Ordinance.

The power to make rules

20. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

Repeal and custody

21. (1) The Village Court Ordinance, 1976 (Ordinance No. LXI of 1976), hereinafter referred to as the repealed Ordinance, is hereby repealed.

(2) Notwithstanding such repeal, the repealed Ordinance-

(A) In cases of pending cases, with the implementation of the decision of the case, their settlement will be settled in such manner as if this law has not been enacted;

(B) All rules made, shall be effective until it is repealed or amended with the provisions of this Act consistent with it.