Last Change:

12/29/2024

The Village Court Act

Year: 2006

Type: Domestic law

Rights Category: Liberty & security of person

Description

The Village Court Act of 2006 was enacted to constitute the Village Court for the easy and speedy disposal of certain conflicts and disputes in areas within the jurisdiction of every union of the country.As per section 4, the party (parties) to the dispute can give a written submission to the Union Parishad Chairman to form a village court for resolving any issue (which the court has jurisdiction/power to)The village court consists of one Chairman and two members nominated from each party. It also makes it obligatory to have at least one woman member under certain circumstances. [section 5]Under this Act, disputes can be mediated and resolved. Also, for any offense under this Act, the Court can order fine up to seventy-five thousand takas only.As per section 14, neither party can engage any lawyer for the disposal of any dispute under this Court.

Selected provisions
Section 1: Short Title, commencement and extent

(1) This Act may be called Village Court Act, 2006.
(2) It shall come into force on at once.
(3) It shall extend only to the areas within the jurisdiction of unions.

Section 2: Definitions

In this Act, unless there is anything repugnant in the subject or context-
(b) “union” means a union as defined in clause (5) of section 2 of Local Government (Union Parishad) Act, 2009 (Act No. 61 of 2009);
(c) “union parishad” means a union parishad as defined in clause (6) of section 2 of Local Government (Union Parishad) Act, 2009 (Act No. 61 of 2009);
(d) “Assistant Judge having jurisdiction” means an Assistant Judge within whose jurisdiction the union concerned falls and, where there are more than one Assistant Judge having such jurisdiction, such and Assistant Judge who is most junior;
(e) “Village Court” means a Village Court constituted under section 5;
(k) “party” includes any such person whose presence is deemed to be required for the proper settlement of a dispute, and whom the Village Court adds as a party to such dispute;

Section 3: Suit triable by Village Court

(1) Notwithstanding anything contained in the Code of Criminal Procedure and the Code of Civil Procedure, the criminal cases stated in the first part of the Schedule and the civil suits stated in the second part of the Schedule shall, except hereinafter provided to the contrary, be triable by a Village Court and no Criminal or Civil Court shall have the jurisdiction to try such cases or suits.
(2) No such criminal case as stated in the first part of the Schedule shall be triable by a Village Court if the person accused in the case has been previously punished by a Village Court or by any other Court for a cognizable offense, or no such suit as relating to any of the matters stated in the second part of the Schedule shall be tribal by a Village Court, if-
(a) such a suit involves the interest of any minor;
(b) any agreement entered into by the parties to the dispute contains any provision for arbitration or reconciliation;
(c) the Government or any local authority any public servant on duty is a party to such dispute.
(3) The provisions of sub-section (1) shall not apply to any suit or proceeding instituted or taken for establishing entitlement to such immovable property the delivery or possession of which has been ordered by a Village court.

Section 4: Application for constitution of Village Court

(1) In such a case where there is any suit triable by a Village Court, any of the parties to the conflict may, in such manner as may be prescribed, make application to the Chairman of the union parishad concerned for constituting a Village Court for the purpose of the trial of that suit and the Chairman of the union parishad shall, unless he refuses such application showing cause in writing, in the prescribed manner, take initiative to constitute a Village Court.
(2) Any person aggrieved by the refusal of application under sub-section (1) may, in such manner and within such period as may be prescribed, make an application for revision to a Court of Assistant Judge having jurisdiction.
(3) Upon receipt of the application for revision under sub-section (2) the Assistant Judge shall dispose it of within 30 (thirty) days from the date of its receipt.

Section 5

(1) A Village Court shall consist of a Chairman and in total four members of whom two shall be nominated by either of the parties:
Provided that one of the two members nominated by either party shall be the member of the union parishad concerned:
Provided further that if such criminal case as stated in the first part of the Schedule involves the interest of any minor and such criminal case and civil suit as stated in the second part of the Schedule involve the interest of any woman, the party concerned shall nominate a woman as a member at the time of nominating members.
(2) The Chairman of the union parishad shall be the Chairman of the Village Court, but where he is incapable of discharging duty as a Chairman or where any question with regard to his neutrality is raised by any of the parties, any member of that union parishad other than the members referred to in sub-section (1) shall be the Chairman of the Village Court.
(3) If any of the parties to a dispute consists of more than one person, the Chairman shall invite such persons of that party to nominate two members on their behalf and if they fail to so nominate, he shall authorize any one of such persons to nominate members and the person so authorized shall nominate members.
(4) Notwithstanding anything contained in sub-section (1), any of the parties to any dispute may, with the permission from the Chairman, nominate any person other than a member of union parishad as a member of the Village Court.
(5) Notwithstanding anything contained in this Act or any other law for the time being in force, within the prescribed period-
(a) If the applicant fails to nominate members, the Chairman upon mentioning in writing the causes of such failure; or
(b) if the respondent fails to nominate member, the Chairman shall, in the prescribed manner, upon issuing such certificate that the applicant may institute suit in respect of the triable matter in a Competent Court, return the application to the applicant.

Section 6: Jurisdiction of Village Court, etc.

(1) If the parties to a dispute ordinarily reside in such union in which the offense has been committed or the cause of the suit has arisen, a Village Court shall, subject to the provisions of sub-section (2), be constituted and such Village Court shall have the jurisdiction to try such suit.
(2) If one of the parties to the dispute resides in the union in which the offense has been committed or the cause of the suit has arisen and the other party resides in another union, the Village Court shall be constituted in such union in which the offense has been committed or the cause of the suit has arisen; but the parties may, if they desire so, nominate members from their respective unions.

Section 7: Powers of Village Court

(1) Unless anything to the contrary is provided in this Act, a Village Court may order any person only to pay a compensation amount which shall not exceed Taka 75 (seventy five) thousand in case of such offense as are stated in the first part of the Schedule.
(2) A Village Court may pass order to pay such amount of money as stated in the Schedule in case of a suit relating to such matters as are stated in the second part of the Schedule or order that a property or possession thereof be restored to the owner of such property.

Section 8: Decision of Village Court to be final and appeal

(1) When a decision of a Village Court is made by the vote of all or majority of four-one (4:1) or in case of the presence of four members by three-one (3:1) it shall be binding on the parties and shall be executed in pursuance of the provisions of this Act.
(2) Where a decision of a Village Court is made by the vote of three-two (3:2) majority, the aggrieved party may, within thirty days from such decision being made, in such manner as may be prescribed-
(a) appeal to a Court of Magistrate of the first class having jurisdiction if the case is related to any of the offense stated in the first part of the Schedule; and
(b) appeal to a Court of Assistant Judge having jurisdiction if the suit is related to such matters as stated in the second part of the Schedule.
(3) In case of an appeal made under sub-section (2), if it appears satisfactorily to, as the case may be, the Court of Magistrate of the first class or the Court of Assistant Judge that in the case under consideration the Village Court has failed to do justice, in that case, as the case may be, the Court of Magistrate of the first class or the Court of Assistant Judge may reverse or alter such decision of the Village Court or refer the suit back to the Village Court for review.
(4) Notwithstanding anything contained in any other law for the time being in effect, where a decision is made by a Village Court on any matter in pursuance of the provisions of this Act, it shall not be triable by any other Court including any other Village Court.

Section 9A: Fine for filing false case

(1) If any person files or causes to file any false case against any other person with the intent to harm that person even after knowing that there is no just or lawful cause of filing any case against such person under this Act, such person may be punished with fine not exceeding Taka 5 (five ) thousand.
(2) The fine amount imposed under sub-section (1) shall be deemed to be a compensation to the person that sustained the loss and it shall be recoverable in accordance with the provisions of sub-section (3) of section 9.

Section 14: Prohibition on appointment of lawyer

Notwithstanding anything contained in any other law, no party shall appoint any lawyer for the prosecution of any suit instituted in the Village Court.

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