Laws made for the resolution of village courts for easy and speedy settlement of certain disputes and disputes in the jurisdiction of each union of the country.
Whereas it is expedient and necessary to make provisions for the formation of village courts and related matters for the easy and speedy settlement of certain disputes and disputes in the jurisdiction of each union of the country;
Short title, introduction and application:
1. (1) This law shall be called the Village Court of Law, 2006.
(2) It shall be effective immediately.
(3) It shall apply only to the jurisdiction of the Union.
Definition
2. In this Act, unless there is anything repugnant in the subject or context-
(A) "amendable offense" means the Cognizable Offence defined in the Criminal Code;
(B) "union" means the union defined in clause (26) of section 2 of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983);
(C) "Union Parishad" means the Union Parishad defined in clause (27) of section 2 of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983);
(D) "Assistant Judge of Jurisdiction" means that the Assistant Judge located in the jurisdiction of the jurisdiction of the Assistant Judge, and in which case, there are several Assistant Judges who have similar jurisdiction; similarly, the junior assistant judge;
(E) "village court" means a village court constituted under section 5;
(F) "Chairman" means the chairman of the village court;
(G) "schedule" means the schedule of this Act;
(H) "Penal Code" means Penal Code, 1860 (Act No. XLV of 1860);
(I) "Civil procedure" means the Code of Civil Procedure, 1908 (Act No. V of 1908);
(J) "prescribed" means prescribed by rules;
(K) "party" shall include a person whose presence is considered to be necessary for the correct resolution of a dispute, and the village court which connects itself to a party of similar dispute;
(L) "Criminal Procedure" means Code of Criminal Proecedure, 1898 (Act No. V of 1898);
(D) "Rule" means the rules made under this Act;
(N) "decision" means no decision of the village court.
Judicial case by the village court
3. (1) Notwithstanding anything contained in the Code of Criminal Procedure and Civil Procedure, the civil cases related to the matters relating to the matters mentioned in the first part of the schedule and the civil cases related to the matters mentioned in the second part, unless there is a different order, the village will be judged by the court and no criminal or civil court There will be no jurisdiction to prosecute the case or suit.
(2) No case related to any offense described in the first part of the schedule by the village court shall be decided if a person has been convicted by a village court before being found guilty of any criminal action in the case, or any case related to the matters mentioned in the second part of the schedule. The court shall not be judged, if-
(A) the interests of a minor in that case;
(B) There is a provision to settle arbitration or dispute in any contract made between the parties of dispute;
(C) Any government employee acting in government or local authority or duty is a party to the dispute.
(3) The provisions of sub-section (1) shall not apply in case of any litigation or proceeding for the establishment of possession or possession of the immoveable property, which has been passed by the village court for the possession of immovable property.
Application for formation of village court
4. (1) Where a suit under this Act is to be judged by the village court, then any party of the dispute can apply to the concerned Union Parishad chairman in the prescribed manner for the formation of a village court for the trial, and the chairman of the Union Parishad may reject the application due to written reasons. If not, in the prescribed manner, the initiative to form a village court
(2) A person may revoke an appeal by the jurisdiction of the jurisdiction of the jurisdiction, in the prescribed manner and within the stipulated time, by the order of disallowing the appeal under sub-section (1).
Village court structure, etc.
5. (1) A village court will be formed by taking a total of four members, by nominating a chairman and two nominated by both parties.
Provided that one member of each member nominated by each party shall be a member of the Union Parishad concerned.
(2) The Chairman of the Union Parishad shall be the chairmanship of the village court, but, in the case of a question raised by a party about his neutrality, if he is unable to perform his duties as a cause or for any reason, in the prescribed manner, without any member mentioned in sub-section (1) Any other member of the council shall be the chairman of the village court.
(3) In case of a dispute if there are more than one person, then the Chairman shall call upon those party members to nominate two members for their party and if they fail to make such nomination, then he shall give any person the power to nominate a member of the person and accordingly The nominee will nominate a member.
(4) Notwithstanding anything contained in sub-section (1), a party in dispute can nominate any other person as a member of the village court instead of the chairman of the union council.
(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 village court shall be constituted without any such member and it is legally his
Planning and Implementation: Cabinet Division, A2I, BCC, DoICT and BASIS