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Village Court Rules

Village Court Rules, 198
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Rule-1 (Short Name and Commencement) These Rules shall be called the Village Court Rules, 1986. Rule-2 (Unless otherwise provided in the Content or Context)
(A) "Form" means the form attached to these rules.
(B) "ordinance" means the "Village Court Ordinance of 1976" (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' means any section of the Ordinance.
Rule-3: (1) An application under 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) The written application pursuant to sub-rule (1) shall contain the following details; 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 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 extent 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 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 under 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 as per sub-rule (1). It should contain the names, details and addresses of the parties and the original application which was rejected by the Chairman of the Union Parishad and returned should also be submitted with this application. 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 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 the 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 the Assistant Judge returns a case for reconsideration, it must 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 that 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) In all cases where otherwise otherwise provided, 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 handing over to the person one width of the sum of two widths.
(5) Every person to whom the summons will be issued shall acknowledge receipt by signing 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, the summons-issuing employee shall hang a public part of the house in which the summons recipient normally resides and the summons shall be deemed to have been duly issued. Will.
(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 (with 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.
(2) The summons to the witness shall be given in the form No.3.
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) Where the Chairman of the Union Parishad is unable to act as the Chairman of the Village Court for any reason mentioned in sub-section (2) of section 5 at any time before announcing the decision of a case, or any party raises a question about his impartiality. In that case the Thana Executive Officer may, on receipt of a report from the Chairman of the Union Parishad or on receipt of a written application from any party, appoint any member of the Union Parishad to act as the Chairman of the Village Court. (2) Until the chairman of the village court is appointed in accordance with sub-rule (1), the executive officer of the police station may suspend the activities of the village court. (3)
Rule 13: After the formation of the village court, the chairman of the village court shall direct the respondent to file a written objection against the application within three days and fix a time and place for the session of the village court and present to the parties Rule-14: (1) The village court shall hear the case on the date fixed in accordance with Rule 13, but for appropriate reasons the court may adjourn the hearing of the case at different times, but the period of similar adjournment shall not exceed seven days. The Chairman shall ask the witnesses to make an affidavit and record the summary of the affidavit. (3) The village court may conduct an on-the-spot inquiry into any dispute between the parties. Rule 15: (1) If in any case the plaintiff does not appear on the date fixed for appearance before the Chairman of the Union Parishad, or on the date fixed for hearing of the case in the Village Court, and if the Chairman of the Union Parishad or Village Court agrees that (2) Where the application is rejected under 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 of the case. And if the Chairman is satisfied that there was a valid reason for the petitioner not to appear and he did not act negligently, the Chairman may reinstate the petitioner's application and fix a date for hearing.
Rule 16: (1) If a defendant does not appear in the village court on the date fixed for hearing, and if the chairman of the village court is of the opinion that he has been negligent, the case shall be disposed of by hearing in the absence of the defendant. In a case where a hearing is held in the absence of the defendant and disposed of against the defendant in accordance with sub-rule (1), the defendant may apply in writing to the chairman of the village court within 10 days from the date of the decision to reinstate the case, and if the chairman is satisfied that There was a good reason for his non-appearance and he did not act negligently, but the chairman may set a date for reinstatement and hearing.
 Rule 17: (1) The decision of the village court shall be recorded by the Chairman of the Court in the Form No. 1 Register. , It will be mentioned.

Rule 18: Every decision of the village court shall be announced by the chairman of the court in a public court.
Rule-19: (1) The application shall be written in accordance with sub-section (2) of that section, shall be signed by the applicant, and in it shall be mentioned the names, details and addresses of the parties, and in it the names, details and addresses of the parties shall be mentioned. The reasons should also be mentioned briefly. (2) A copy of the decree or order issued by the village court should be signed by the chairman of the court and attached with the application. Rule 20: After the disposal of each case, a decree in Form No. 4 shall be prepared and signed by the Chairman of the Village Court.
Rule-21: (1) The Chairman of the Union Parishad shall record the details in the register of decrees in Form 5. (2) The order to be issued by the Thana Magistrate or Assistant Judge under sub-section (2) of section 6 shall be communicated to the Chairman of the concerned Union Parishad in due course. The decree will amend the order and the necessary matters in this regard will also be recorded in the register of decrees in Form 5.
Rule-22: The village court will decide within how many days the decree money or compensation money has to be paid. This period shall in no case exceed six months from the date of the final order.
Rule 23: At the request of any party to a dispute, the chairman of the village court, or where there is no village court, the chairman of the union parishad, after collecting a fee of seventy-five paisa, shall grant permission to inspect the documents of the village court.
Rule 24: At the request of any party to the dispute, the chairman of the village court, or where the village court does not exist, the chairman of the union parishad, collects every one hundred words or part of it as fifty paisa for any relevant document Provide a copy of the part.
Rule-25: (1) Whenever a penalty imposed under section 10 or 11 is levied under section 12, or any fee is levied under this rule, a receipt shall be given in the form No. 7 containing the serial number, and its cover. (2) All fines and fees received in accordance with these rules shall be recorded in a register on Form No.8. Rule 26: All fees paid in accordance with these rules shall be treated as part of the Union Parishad Fund.
Rule 26: In the register of cases and in the register of decrees and orders, their serial numbers shall be given in the order of the applications received every year and in the order of the decrees or orders issued every year.
Rule 26: All documents including village court registers shall be submitted to the Union Parishad office and the registers shall be kept 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, in order to collect it as arrears of land revenue, the chairman of the village court shall send the details in the form No. 8 to the Thana Executive Office. Rule-30: The amount of the fine to be levied as per sub-section (1) of section 12 shall be referred to the Thana Magistrate in Form No. 9.
Rule-31: The Chairman of the Union Parishad shall send the return of the six-month functions of the village courts to the Thana Executive Officer in Form No. 10 before the first of February and the first of August every year for six months till 31st December and six months till 30th June respectively.
Rule-32: When a village court is of the opinion that it is advisable to punish the accused for the sake of justice in a case pending before it; The village court can then send the case to the criminal court on Form 11.
Rule 33: No village court shall be constituted when the respondent appears in accordance with the summons or otherwise and accepts 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 chairman of the village court or the union council accepts any money given to a party, the money must be paid to him within seven days if possible from the date of application of the party concerned.
Rule 35: (1) A seal of the village court shall be kept in the office of each union parishad, which shall be circular and in which the words of the village court shall also bear the name of the union parishad. (2) Seals shall be used.
 Source: Important Law, Author- Siddiqur Rahman Mia.