Village Courts Act, 2006

Whereas it is expedient and necessary to provide for the constitution of village courts and matters connected therewith for the purpose of easy and expeditious settlement of certain disputes and disputes in the areas under the jurisdiction of each union of the country;

Short title, introduction and application
1. (1) This Act may be called the Village Courts Act, 2006

(2) It shall come into force forthwith

(3) It shall apply only to the area under the jurisdiction of the Union
definition
2 Unless there is anything contrary to the subject or context, in this Act—

(a) “cognizable offence” means cognizable offense as defined in the Code of Criminal Procedure;

(b) “union” means a union as defined in clause (26) of section 2 of The Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983);

(c) “Union Parishad” means a Union Parishad as defined in clause (27) of section 2 of The Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983);

(d) “jurisdictional Assistant Judge” means the Assistant Judge within whose jurisdiction the Union concerned is situated and, where there are more than one Assistant Judge having similar jurisdiction, the corresponding junior Assistant Judge;

(e) “village court” means the village court constituted under section 5;

(f) “Chairman” means the Chairman of the Village Court;

(g) “Schedule” means the Schedule to this Act;

(h) “Penal Code” means the Penal Code, 1860 (Act No. XLV of 1860);

(j) “Civil Procedure Code” means the Code of Civil Procedure, 1908 (Act No. V of 1908);

(j) “prescribed” means prescribed by law;

(k) “party” shall include any person whose presence is considered necessary for the proper settlement of any dispute, and whom the Village Court joins as a party to such dispute;

(l) “Criminal Procedure Code” means the Code of Criminal Procedure, 1898 (Act No. V of 1898);

(d) “rules” means rules made under this Act;

(d) “Decision” means any decision of the Village Court
Cases triable by Village Courts
3 (1) Notwithstanding anything contained in the Code of Criminal Procedure and the Code of Civil Procedure, criminal cases relating to the matters set out in Part I of the Schedule and civil suits relating to matters set out in Part II shall, unless otherwise provided, be triable by the Village Court and any similar criminal or civil Court shall shall have no jurisdiction to try suits or suits

(2) No case related to any offense mentioned in the first part of the schedule shall be tried by the village court if any person has been convicted of any cognizable offense in the said case and has been punished by the village court, or any case related to the matters mentioned in the second part of the schedule. shall not be tried by the Court, if—

(a) the interest of a minor is involved in the said case;

(b) any agreement entered into between the parties to the dispute contains an arbitration or dispute settlement provision;

(c) the Government or local authority or any public servant performing his duties is a party to the said dispute

(3) The provisions of sub-section (1) shall not apply to any suit or proceeding to establish title to or recover possession of immovable property to which an order has been passed by the Village Court.
Application for formation of village court
4 (1) Where a case under this Act is triable by a village court, any party to the dispute may apply to the Chairman of the concerned Union Parishad, in the prescribed manner, for the constitution of a village court for the trial of the said case, and the Chairman of the Union Parishad may reject the said application by giving reasons in writing. If not, take the initiative to constitute a village court in the prescribed manner

(2) A person aggrieved by an order rejecting an application under sub-section (1) may appeal against the order, in the prescribed manner and within the prescribed time, to the Court of the Assistant Judge having jurisdiction.
Formation of Village Courts, etc
5 (1) The village court shall consist of a chairman and a total of four members, two nominated by both parties:

Provided that one of the two members nominated by each party shall be a member of the Union Parishad concerned

(2) The Chairman of the Union Parishad shall be the Chairman of the Gram Adalat, except where he is unable to perform the duties as Chairman for any reason or his impartiality is questioned by any party, except the member mentioned in sub-section (1), in the prescribed manner. Any other member of the council shall be the chairman of the village court

(3) If there is more than one person on either side of the dispute, the Chairman shall call upon such persons to nominate two members for their side and if they fail to nominate such persons, he shall empower any one of such persons to nominate a member and accordingly A similarly empowered person shall nominate members

(4) Notwithstanding anything contained in sub-section (1), any party to the dispute may, with the permission of the Chairman, nominate any person other than the member of the Union Parishad as a member of the Gram Adalat.

(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 Gram Adalat shall be constituted without such member and shall lawfully carry on its functions.

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Jurisdiction of Village Courts, etc
6 (1) If the parties to the dispute are ordinarily residents of the union in which the offense is committed or the cause of action arises, subject to the provisions of sub-section (2), a village court shall be constituted and the village court concerned shall have jurisdiction to try such case.

(2) If one of the parties to the dispute is a resident of that union and the other party is a resident of a different union, the village court shall be constituted in the union within which the offense is committed or the cause of action arises; However, if the parties wish, they can nominate a representative from their union
Powers of Village Courts
7 (1) Save as otherwise provided in this Act, the Village Court may, in respect of the offenses specified in Part I of the Schedule, order any person to pay compensation not exceeding twenty five thousand rupees only.

(2) The Village Court may, in any case relating to the matters specified in Part II of the Schedule, make an order for the payment of an amount specified in the Schedule in respect of such matter or for the return of the property or possession thereof to the beneficial owner of the property.
Finality of village court decision and appeal
8 (1) If the decision of the Village Court is passed unanimously or by a four-to-one (4:1) majority vote or by a three-to-one (3:1) majority vote in the presence of four members, the said decision shall be binding on the parties and shall be effective in accordance with the provisions of this Act.

(2) If the decision of the Gram Adalat is passed by a majority vote of three to two (3:2), the aggrieved party shall, within thirty days of the passing of the said decision, in the prescribed manner—

(a) if the case relates to an offense specified in Part I of the Schedule, an appeal may lie to a Magistrate of the first class having jurisdiction; And

(b) If the case relates to the matters mentioned in Part II of the Schedule, an appeal may lie to the Court of Assistant Judge having jurisdiction.

(3) In the case of an appeal under sub-section (2), if it appears to the satisfaction of the Court of First Class Magistrate or the Court of Assistant Judge, as the case may be, that the Village Court has failed to do justice in the case in question, the Magistrate of First Class concerned, as the case may be, The Court or the Assistant Judge may set aside or modify the decision of the Village Court or remit the case to the Village Court for reconsideration.

(4) Notwithstanding anything contained in any other law for the time being in force, any decision taken by the Village Court in accordance with the provisions of this Act shall not be arbitrable in any other court including any other Village Court.
Enforcement of village court decisions
9 (1) The Village Court, when it decides to pay compensation to any person or to return the property or possession thereof, shall, in the prescribed manner, make an order and enter the same in the prescribed register.

(2) If in the presence of the Village Court any money is paid or any property assigned in settlement of a claim in accordance with its decision, the Village Court shall, as the case may be, record in its register the particulars relating to such payment or assignment of property.

(3) In cases where an order is passed by the village court for payment of compensation and the said amount is not paid within the prescribed time, the Chairman shall, under the Public Demands Recovery Act, 1913 (Act No. III of 1913) in the manner of recovery of arrears of tax of the Union Parishad. It will be collected and paid to the affected party

(4) Where it is possible to settle the claim in any other way without paying compensation, the matter shall be presented to the Court of the Assistant Judge having jurisdiction to enforce the said decision and such court shall take such measures to enforce the decision as if the said decision had been given by that court.

(5) The village court may, if it thinks fit, direct the payment of compensation in fixed installments.
Power of Village Court to summon witnesses, etc
10 (1) A village court may summon any person to appear before the court and to give evidence or to produce or cause to be produced any document:

Provided that-

(a) a person exempted from appearing in court in person under sub-section (1) of section 133 of the Code of Civil Procedure shall not be ordered to appear in person;

(b) if the Village Court reasonably considers that it is not possible to produce any witness without undue delay, expense or inconvenience, the Court may dispense with the summoning of that witness or the execution of a summons issued against that witness;

(c) for the travel and other expenses of any person residing outside the jurisdiction of the village court, unless, in the opinion of the court, sufficient money can be deposited in the court to pay him, the village court shall direct that person to give evidence or to produce or cause to be produced any document. No;

(d) The Village Court shall not direct any person to produce any confidential document or unpublished official record relating to State affairs or direct any person to produce any evidence extracted from such confidential document or unpublished official record without the permission of the Chief Officer of the Department concerned.

(2) If any person willfully disobeys a summons issued under sub-section (1), the Village Court shall, for such disobedience,

A person accused of a cognizable offense shall be liable to a fine not exceeding five hundred rupees, subject to an opportunity to present his statement.
Contempt of village court
11 (1) A person shall, without lawful cause, if—

(a) insults the village court or any of its members by indecent talk, intimidation, aggressive or other behavior during the proceedings of the court; or

(b) causes any disturbance in the proceedings of the Village Court; or

(c) fails to file or assign or deliver any document, notwithstanding the order of the Village Court; or

(d) refuses to answer any question which he is bound to answer by the village court; or

(e) refuses to take an oath to tell the truth or to sign a statement made by him as directed by the Village Court—

In that case, he will be guilty of contempt of village court

(2) In the case of an offense under sub-section (1), even if no charge is brought before the Court, the Village Court may try the person charged for such contempt and may fine him not exceeding five hundred rupees.
Collection of fines
12 (1) If the fine imposed under section 10 and 11 is not paid, the village court shall record the amount of the fine levied and the matter of non-payment along with the relevant information and recommend to the competent magistrate for its collection.

(2) On receipt of a recommendation under sub-section (1), the Magistrate concerned shall take such measures in accordance with the provisions of the Code of Criminal Procedure to recover the said fine as if it had been so levied and may order the person concerned to undergo imprisonment in default of such fine.

(3) All fines collected under section 10, 11 or sub-section (2) shall be credited to the fund of the Union Parishad.
method
13 (1) Except as otherwise provided in this Act, the provisions of the Evidence Act, 1872 (Act No. I of 1872), the Code of Criminal Procedure, and the Code of Civil Procedure shall not apply to any case brought in a Village Court.

(2) Sections 8, 9, 10 and 11 of the Oaths Act, 1873 (Act No. X of 1873) shall apply to all cases brought before the Village Court.

(3) If any case under this Act is instituted against a Government servant, if he raises an objection to the effect that the alleged offense was committed in the performance of his official duties or in the performance of duties, the prior approval of the appointing authority shall be required for the trial of the said offence.
Appointment of lawyers is prohibited
14 Notwithstanding anything contained in any other law, no party may appoint a lawyer to conduct any case filed in the Village Court.
Representation on behalf of government employees, veiled old women and physically disabled persons
15 (1) If any Government servant who is required to appear before the Court raises an objection with the recommendation of his superior authority to the effect that the performance of his official duties will be affected by his personal appearance, the Court shall cause a representative duly authorized by him to appear before the Village Court on his behalf. Can give permission to happen

(2) If any veiled or old woman and physically disabled person who is required to appear before the village court is unable to appear before the court and give evidence, the court may permit a duly authorized representative to appear before the court on her behalf.

(3) No representative appointed under sub-section (1) or (2) shall accept any remuneration.
Transfer of certain cases
16 (1) Notwithstanding anything contained in this Act, where the District Magistrate is of the opinion that the circumstances of any case pending in a Village Court relating to the matters mentioned in Part 1 of the Schedule are such that it should be tried in a Criminal Court in the interests of public interest and justice, he shall, notwithstanding anything contained in this Act, may direct that the said case be withdrawn and referred to the Criminal Court for trial and disposal

(2) If any Village Court considers that in the interests of justice the offender should be punished in any case pending before the Village Court in relation to any matter referred to in sub-section (1), the said Court may direct the case to be referred to the Criminal Court for trial and disposal. Can give
Investigation by police
17 Notwithstanding anything contained in this Act, the police shall not stop the investigation of a cognizable case by reason of the fact that the subject matter of any case relates to an offense specified in Part I of the Schedule; Provided that if any similar case is brought before any Criminal Court, that Court may, if it thinks fit, direct that the case be referred to any Village Court constituted under the provisions of this Act.
Pending cases
18 Cases triable under this Act pending in any civil or criminal court immediately before the coming into force of this Act shall not be subject to this Act, and such cases shall be disposed of by such courts as if this Act had not been enacted.
Power to exempt
19 The Government may, by notification in the Official Gazette, exempt any area or areas or any class of cases or any community from the application of all or any of the provisions of this Act.
Power to make rules
20 The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
Revocation and Custody
21 (1) The Village Court Ordinance, 1976 (Ordin

ance no. LXI of 1976), hereinafter referred to as the repealed Ordinance, is hereby repealed.

(2) Notwithstanding such repeal, the repealed Ordinance shall, subject to—

(a) in the case of pending cases, including execution of the decision of the case, the disposal thereof shall be carried out as if this Act had not been enacted;

(b) All rules made, shall remain in force until repealed or amended to be consistent with the provisions of this Act.

Village Court Rules
Rule-1 (Short Name and Commencement) These Rules shall be called the Gram Adalat Rules, 1976.

Rule-2 (Unless there is anything to the contrary in the content or context, in these rules) (a) "Form" shall mean the form annexed to these rules. (b) "Ordinance" means the Village Courts "Ordinance" of 1976 (61 Ordinance No.) shall mean; (c) "part" shall mean any part of the Schedule to the Ordinance; (d) "applicant" shall mean the person who makes an application under section 4 of the Ordinance; (e) "respondent" shall mean the person who Whoever makes an application under section 4 of the Ordinance against a person, shall mean; 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 in 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 the remedies which are being claimed. (3) According to this rule, if the application relates to the first part of the schedule, a fee of two rupees and if it relates to the second part, a fee of four rupees shall be filed 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 in accordance with 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. in writing and shall be signed and sealed by the Chairman of the Union Parishad, and after the establishment of the Gram Adalat shall be signed and sealed by the Chairman of the Gram Adalat. (3) Except where otherwise provided, every summons issued in accordance with these rules shall be issued by a clerk of the Union Parishad. Or the Chairman of the Union Parishad or Village Court shall issue the summons to any person appointed for this purpose. (4) The person summoned by the summons shall, if possible, personally deliver the summons to that person by handing over two copies of the summons. (5) Whose Where a summons shall be issued, every such person shall acknowledge receipt by signature on the opposite page of the other breadth of the summons. (6) ) If it is not possible to issue a summons in the manner described in the above sub-sections despite making the usual efforts, then 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 be deemed to have been duly issued. (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 summons is issued to the respondent the Chairman of the Union Parishad shall ask the parties to nominate their members within seven days, and the nominated members and the Union accordingly.

The village court will be formed with the chairman of the council.

  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 the Chief

Where there is no village court, in that case, the Chairman of the Union Parishad shall collect a fee of seventy five paise and grant permission to inspect the documents of the village court regarding the dispute.

  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 issued 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.