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Law & Policy

Title
Village Court Rules
Details

An Act enacted to establish Village Courts for easy and quick settlement of some disputes and disputes in the jurisdictional areas of each union of the country.


Whereas the formation of village courts and matters related thereto for the purpose of easy and speedy settlement of certain disputes and disputes in the areas under the jurisdiction of each union of the country


It is expedient and necessary to provide for;


 


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


 


Matters admissible by Gram Adalat:

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 to recover possession of immovable property to which an order has been passed by the Village Court.


 


Application of village court formation:

4 (1) Where any 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, before the Court of the Assistant Judge having jurisdiction.


 


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, in the prescribed manner, except the members mentioned in sub-section (1). 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 on the persons on such parties to nominate two members for their side and if they fail to nominate the same, 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 period, the Gram Adalat shall be constituted without such member and shall be validly functioning thereof.

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