Village Court Act, 2006 (Act No. 19 of 2006) [9 May 2006] A law enacted to establish village courts for easy and speedy resolution of certain disputes and disputes in the jurisdiction of each union of the country. It is expedient and necessary to set up village courts and make provisions in this regard; Abbreviated Title, Introduction and Application 1. (1) This Act may be called the Village Court Act, 2006. (2) It shall come into force immediately (3) It shall apply only to the area under the jurisdiction of the Union Definition 2 6 In the absence of anything contrary to the subject or context, in this Act- (a) "cognizable offense" means the Cognizable Offense as defined in the Criminal Procedure Code; 1 [(b) "Union" means Union as defined in clause (5) of section 2 of the Local Government (Union Parishad) Act, 2009 (Act No. 61 of 2009);] 2 [(c) "Union Parishad" means Local Government (Union Parishad) Act, 2009 (Act No. 61 of 2009) Union Parishad as defined in clause (6) of section 2;] (d) "Empowered Assistant Judge" means the Assistant Judge within the jurisdiction of the Assistant Judge and Where there are more than one Assistant Judge with similar jurisdiction, the youngest Assistant Judge being similar; (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); (I) "Civil Procedure Code" means the Code of Civil Procedure, 1908 (Act No. V of 1908); (J) "prescribed" means prescribed by rules; (K) "party" means any person whose presence is deemed necessary for the proper settlement of any dispute, and who is attached by the village court as a party to such dispute; (L) "Criminal Procedure Code" means the Code of Criminal Procedure, 1898 (Act No. V of 1898); (M) "rule" means a rule made under this Act; (6) "Decision" means any decision of the village court Case to be tried by village court (1) Notwithstanding anything contained in the Criminal Procedure Code and the Civil Procedure Code, criminal cases relating to matters mentioned in the first part of the Schedule and civil cases relating to matters mentioned in the second part shall be adjudicated by the Village Court unless otherwise provided. There will be no jurisdiction to try cases or litigation (2) 3 [No criminal case mentioned in the first part of the schedule shall be tried in the village court if the accused in such case has been convicted by the village court or any other court for a cognizable offense in the past], or any case relating to matters mentioned in the second part of the schedule. Shall not be judged by the court, if- (a) the interests of a minor are involved in the said case; (B) any agreement entered into between the parties to the dispute contains provisions for arbitration or settlement of the dispute; (C) the government or the local authority or any government employee performing his duties is a party to the dispute (3) The provisions of sub-section (1) shall not apply to any suit or proceeding for the establishment of title to the immovable property or for the recovery of possession of the immovable property for which possession has been ordered by the village court. Application for formation of village court 4 6 (1) Where a case under this Act is admissible by a village court, any party to the dispute may, in the prescribed manner, appeal to the Chairman of the concerned Union Parishad to set up a village court to hear the case and reject the application on written grounds If not, he will take initiative to form a village court in the prescribed manner (2) A person aggrieved by an order rejecting an application under sub-section (1) may, in the prescribed manner and within the prescribed time, make a revision in the court of competent Assistant Judge. 4 [(3) Upon receipt of the application for revision under sub-section (2), the concerned Assistant Judge shall dispose of it within 30 (thirty) days from the date of receipt.] Establishment of village court, etc. 5. (1) The village court shall consist of a chairman and two members nominated by both parties for a total of four members, provided that one of the two members nominated by each party becomes a member of the concerned union council If the interests of a minor and a woman are involved in the criminal and civil cases mentioned in the first and second parts of the schedule, the party concerned shall nominate a woman as a member in case of nomination of members.] (2) The Chairman of the Union Parishad shall be the Chairman of the Village Court. In case he is unable to act as Chairman for any reason or his impartiality is questioned by any party, in the prescribed manner, any other member of the said Union Parishad other than the member referred to in sub-section (1) shall be the Chairman of the Village Court. (3) If there is more than one party to a dispute, the Chairman shall invite the persons nominated by that party to nominate two members for their party and if they fail to make such nomination, he shall empower any one of such persons to nominate a member and accordingly A person with similar powers will nominate the member

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