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Village Court Rules

Rule 1 (Abbreviation and Start)

The Rules and Regulations of 1976 will be called the Gram Adalat Rules of 1976.

Rule 2 (in the rules and regulations if there is nothing contrary to the content or context)

(a) The form attached to the rules will be explained by saying "form".

(b) The Village Court of 1976 will refer to the Ordinance (Ordinance No. 61 of 1976) in the saying "Ordinance";

(c) to say 'khand' will refer to any part of the schedule of the ordinance;

(d) to say "applicant", the person who makes an application under Section 4 of the Ordinance shall be explained;

(e) to say "protest" will refer to a person against whom someone makes an application under Section 4 of the Ordinance; And

(f) To say 'dhara', it will mean a clause in the ordinance.

 

Rule 3: (1) A petition has to be made in writing under sub-section (1) of Section 4 and shall be signed by the applicant and submitted to the Chairman of the Union Council.

(2) The following details must be in the written application as per bye-laws (1); namely:

(a) the name of the Union Council in which it is being applied;

(b) applicant's name, identity and residence;

(c) the name, identity and residence of the protester;

(d) the name of the union where the cause of crime or complaint has arisen;

(e) the nature of the complaint or claim and the taedad, with short description; And

(f) All remedies that are being demanded.

(3) As per this Rule, if the application is related to the first part of the schedule, a fee of Rs. 2 and a fee of Rs. 4/- in case of the second part have to be filed along with the application.

 

Rule 4: When the Chairman of the Union Council rejects the application in accordance with sub-section (1) of Section 4, the application has to be returned to the applicant with the order given thereon.

 

Rule 5: (1) The application of revision has to be submitted to the Assistant Judge with jurisdiction under sub-section 4 (2) within 30 days from the date of rejection.

(2) The application shall be written and signed by the plaintiff as per sub-rule (1). It must have the names, details and addresses of the parties and the original application rejected and returned by the Chairman of the Union Council must also be submitted along with this application. The reasons for which the revision is being applied have to be summarized in the petition.

 

Rule 6: If the Assistant Judge before whom the application shall be filed under sub-section (2) of Section 4 is of the opinion that the order passed by the Chairman of the Union Council is motivated or largely unfair, he shall give a written order to the Chairman with a mandate to accept the application and return it to the applicant with a similar order.

 

Rule 7: (1) On receipt of the application, the details of the same have to be recorded in the register maintained in Form 1 and the number and year of the case which will be recorded in that register shall also be written on the application.

(2) When a case is referred back by the Police Station Magistrate or Assistant Judge for review under sub-section (2) of Section 8, it has to be renewed and listed in Form 1 register and heard as a new case.

 

Rule 8: (1) 7 After registering the application as per rules, the Chairman shall direct the applicant to appear on a specified date and time and summon the protester to appear on the specified date and time.

(2) All summons issued under these rules shall be written in two widths and signed and sealed by the Chairman of the Union Council, and after the formation of the Gram Adalat, the Chairman of the Gram Court shall be signed and sealed.

(3) In case of any other provision, in all cases, every summons issued in accordance with the rules shall be issued by a working authority of the Union Council or the Chairman of the Union Council or the Gram Acourt.

(4) If possible, the person who has been summoned by summons has to be summoned personally by handing over a width of two widths of summons.

(5) As on which summons will be issued, each person shall accept receipt by signing on the opposite page of the other width of the summons.

(6) If it is not possible to issue summons in the manner described in the above sub-sections, the summons shall be issued to the employee who usually resides in the house where the summons are generally in place, and any public part of the house shall be subjected to a wide summons and shall be deemed to have been issued properly.

(7) If the person in whose name the summons is residing outside the jurisdiction of the Union Council, the Chairman of the Union Council or the Village Court may register by post (with the cost of acceptance of receipt) and the applicant has to bear the cost.

 

Rule 9: (1) Summons to the protesters must be given in Form 2.

(2) Summons to the witness have to be given in Form 3.

Rule 10: After the summons are issued on the protesters, the Chairman of the Union Council will ask the parties to nominate their members within seven days, and similarly the Gram Adalat will be formed with the nominated members and the Chairman of the Union Council.

 

Rule 11: After receiving the names of the members, the Chairman of the Union Council will record the names of these members in the short column of the register of Form 1.

Rule 12: (1) In case a gram adalat before pronouncing the decision of a case, the Chairman of the Union Council at any time is stated under sub-section 5 (2) of the Gram Adalat

In case of a complaint from the Executive Officer, the Chairman of the Union Council or a written application from a party, any member of the Union Council may be appointed as a member (except) by any party who has been nominated as a member.

(2) As per sub-rule (1), the police station executive officer may suspend the proceedings of the gram court till the chairman of the gram court is appointed.

(3) The name of the Chairman of the Appointed Gram Acourt shall be recorded in Form 1 register as per sub-rule (1).

 

Rule 13: After the formation of the Gram Adalat, the Chairman of the Gram Adalat will direct the protesters to file written objections against the petition within three days and set a day and place for the session ceremony of the gram court and direct the parties to produce applicable evidence in support of their statements.

Rule 14: (1) The Gram Adalat shall try the case on the due date as per Rule 13, but for appropriate reasons the court may adjourn the hearing of the case at various times, but the term of the same adjournment shall not exceed seven days.

(2) The Chairman of the Gram Acourt shall ask the witnesses to make statements by oath and record or record the essence of the statement.

(3) The Gram Adalat may conduct an on-the-ground inquiry at any stage of the case regarding disputes between parties about a matter.

Rule 15: (1) If the plaintiff does not appear on the date scheduled to appear before the Chairman of the Union Council in a case, or on the date scheduled for hearing the case in the village court, and

If the Chairman of the Union Council or the Gram Acourt is of the opinion that the plaintiff is negligent in handling his case, the application will be rejected for his error.

(2) In case the application is dismissed as per bye-laws (1), the plaintiff to the Chairman of the Union Council or the Village Court within 10 days from the date of dismissal of the case for reinstatement of the case

The chairman may apply in writing, and if the chairman is satisfied that the applicant had a good reason not to appear and did not work with Abehla, the Chairman may fix a date for reinstating the applicant's application and hearing it.

 

Rule 16: (1) If a case does not appear before the gram court on the date on which the protester is scheduled to hear, and if the chairman of the village court is of the opinion that he has been negligent, the case will be heard and disposed of in the absence of the protester.

(2) In case a case is heard in the absence of a protester in accordance with bye-laws (1) and settled against the protester, the date of the decision to restore the protest case

Within 10 days, the Village Court may apply in writing to the Chairman, and if the Chairman is satisfied that he had a good reason for not appearing and has not acted negligently, the Chairman may fix a date for reinstatement of the case and its hearing.

 

Rule 17: (1) The decision of the Gram Acourt shall be recorded by the Chairman of the Court in Form No. 1 Register.

(2) Every decision recorded in accordance with bye-laws (1) shall mention whether the decision is unanimous, and if not unanimous, the majority in which the decision has been taken shall be mentioned.

Rule 18: Every decision of the village court will be taken by the chairman of the court in a public court.

 

Rule 19: (1) According to sub-section (2) of Section 8, the application must be written, the applicant shall be signed, and the names, details and addresses of the parties have to be mentioned, and the names, details and addresses of the parties have to be mentioned therein and the terms of the application must also be summarized.

(2) A copy of the decree or order issued by the Gram Adarsh has to be attached to the application by the Chairman of the Court.

 

Rule 20: After each case is disposed of, a decree has to be prepared in form 4 and signed by the Chairman of the Gram Adalat.

Rule 21: (1) The Chairman of the Union Council will record the details in the register of decrees in Form 5.

(2) The order issued by the Police Station Magistrate or Assistant Judge under sub-section (2) of Section 8 shall be communicated to the Chairman of the Concerned Union Council in due course and accordingly the Chairman shall amend the decree order and record the necessary matter in the register of decrees in Form 5.

 

Rule 22: The village court will decide within how long the decree money or compensation money has to be paid. The duration of this period shall by no means exceed the date of final order to six months.

Rule 23: On the application of any party in a dispute, the Chairman of the Gram Adalat, or in case there is no gram adalat, the Chairman of the Union Council shall allow the inspection of the documents of the gram court in case of dispute by collecting seventy-five paisa fee.

 

Rule 24: On the application of any party in the dispute, the Chairman of the Gram Adalat, or in case there is no village court, shall provide copy of any document or part of it recorded in any register recorded in accordance with the relevant documentor rules by collecting every hundred words or another fifty paise of its share.

 

Rule 25: (1) Whenever a fine imposed under Section 10 or 11 is collected under Section 12, or a fee is collected in accordance with the rules, it will be receipted in Form 6, which has serial number, and part of it shall be placed in the Union Council office.

(2) All fines and fees received as per the rules shall be recorded in a register in Form 7.

 

Rule 26: All fees paid in accordance with the rules shall be considered as part of the Union Council Fund.

Rule 27: The register of cases and decrees and orders will be given their serial numbers in the order of the application accepted every year and in the order of the decree or order issued every year.

Rule 28: All documents including gram court registers will be submitted to the Union Council office and the registers will be preserved for up to ten years and other documents up to three years.

 

Rule 29: In case of any payment to be made under section 9 (3) sub-section, the Chairman of the Gram Court shall send its details to the Thane Executive Office in Form 8 to recover the outstanding land as revenue.

Rule 30: The order issued stating the amount of fine to be collected under sub-section (1) of Section 12 has to be sent to the Police Station Magistrate in Form 9.

 

Rule 31: The Chairman of the Union Council shall forward the return of six months of functions of gram adalats till 31st December and 6th June till 30th June respectively to the Thana Executive Officer in form 10 before 1st February and 1st August.

Rule 32: When a village court is of the opinion that it is advisable for an accused to be punished for the sake of adjudication of any case pending thereof; The gram court may then send the case to the criminal court in form 11.

 

Rule 33: No village court will be set up when the protester appears as summons or otherwise accepts the demand or dispute of the applicant and settles the demand in the presence of the Chairman of the Union Council.

Rule 34: When the Chairman of the Gram Adalat or union council accepts any money given to a party, the money has to be paid to the party within seven days if possible from the date of application of the concerned party.

 

Rule 35: (1) Every Union Council office has to keep a seal of the village court, which will be round and in which the village court words will also be named after the Union Council.

(2) All summons order issued as per the rules shall be used in decrees, copies and other documents.