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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 to 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' means 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 shall be submitted with the application.


 


Rule-4: When the Chairman of the Union Parishad rejects the application under sub-section (1) of section 4, the application shall be returned to the applicant along 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. 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 passed by the Chairman of the Union Parishad is motivated by motive or grossly unjustified, he has written to the Chairman instructing him to accept the application. Order and return it to the applicant with a similar 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 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-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 signed and sealed by the Chairman of the Village Court after the formation of the Village Court.


(3) 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 Chairman of the Union Parishad or the Village Court, except where otherwise provided.


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


(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 issuer shall hang a wide sum of any open part of the house in which the summons recipient normally resides, Will be.


(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 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 decides a case at any time, the chairman of the union parishad may, at any time, act as the chairman of the village court for any reason specified in sub-section (2).

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