Village Court Rules, 198
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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 this rule)
(A) "Form" means the form attached to these rules.
(B) "Ordinance" means the Village Court Ordinance of 1966 (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 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 claimed.
(3) According to this rule, if the application is related to the first part of the schedule, a fee of two rupees and if it is 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 under 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 for, should also be mentioned briefly in the application.
Rule 6: The Assistant Judge to whom the application shall be made in accordance with sub-section (2) of section 4, if he is of the opinion that the order given by the Chairman of the Union Parishad is motivated by motive or largely unjustified, he shall issue a written order instructing the Chairman to accept the application. 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 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 a 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 due diligence, it is not possible to issue summons in the manner described in the above sub-sections, the summons-issuing employee shall hang a public part of the house in which the recipient of the summons normally resides, and the summons shall be issued as such.
(6) If the person in whose name the summons is issued resides outside the jurisdiction of that union parishad, the chairman of the union parishad or 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) The summons to the respondent shall be given in the form No.
(2) The summons to the witness shall be given in Form No.3.
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) Where the Chairman of the Union Parishad is unable to act as the Chairman of the Village Court at any time before the decision of a case is declared by the Village Court for any reason specified in sub-section (2) of section 5.
Planning and Implementation: Cabinet Division, A2I, BCC, DoICT and BASIS