Village Courts Rules, 1976 -------------------------------------------------- ----------------

Rule-1 (Short Name and Initial)

These Rules shall be known as the Gram Adalat Rules, 1976. Rule-2 (Unless there is anything to the contrary in the content or context in these Rules) (a) "Form" means the form annexed to these rules. (b) "Ordinance" shall mean the Village Courts "Ordinance" of 1976 (Ordinance No. 61 of 1976); (c) 'part' means any part of the Schedule to the Ordinance; (d) "applicant" means a person who makes an application under section 4 of the Ordinance; (e) "respondent" means a 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) According to sub-section (1) of Section 4, any application 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 under sub-rule (1) shall contain the following particulars; 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 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 remedies claimed. (3) According to this rule, if the application is related to the first part of the schedule, a fee of two taka and if it is related to the second part, a fee of four taka has to be submitted 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) Within 30 days from the date of rejection, the application for revision as per sub-section (2) of Section 4 shall be submitted to the competent Assistant Judge. (2) According to sub-rule (1), the application must 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. 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. (2) When the Police Station Magistrate or the Assistant Judge sends back a case for reconsideration in accordance with sub-section (2) of Section 8, it shall be re-entered in Form No. 1 Register and heard as a fresh case. Rule-8: (1) After registering the petition as per Rule 7, the Chairman shall direct the petitioner to appear on a specified date and time and summon the respondent to appear on the said specified date and time. (2) All summons issued in accordance with these rules shall be written in double width and duly signed and sealed by the Chairman of the Union Parishad, and after the establishment of the Gram Adalat shall be duly signed and sealed by the Chairman of the Gram Adalat. (3) In all cases where otherwise provided for, every summon issued in accordance with these rules shall be issued by a clerk of the Union Parishad or any person appointed for the purpose by the Chairman of the Union Parishad or the Gram Adalat. (4) The person summoned by the summons shall, if possible, issue the summons personally by handing over one copy of the two copies of the summons to that person. (5) Every person on whom a summons is to be issued shall acknowledge receipt of the summons by signing on the reverse side of the other side of the summons. (6) If, despite all reasonable efforts, it is not possible to issue a summons in the manner described in the above sub-sections, the officer issuing the summons 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 thereby be deemed to have been duly issued. will be (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 shall be served in Form No. 2 to the defendant. (2) Summons shall be given in Form No. 3 to each witness. Rule-10: After the summons is issued to the defendant, the Chairman of the Union Parishad shall ask the parties to nominate their members within seven days, and the Village Court shall be constituted with the 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 said members in the short column of the register of Form 1. Rule-12 : (1) In cases where the Gram Adalat declares the decision of any case