Bihar Gram Kachahari Conduct Rules, 2007
Published vide Notification No. 58 Patna, dated 6.1.09
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Government of Bihar, Panchayati Raj Department, Notification No. 58 Patna, dated 6.1.09. - In exercise of the powers conferred by Section 146 of the Bihar Panchayat Raj Act, 2006 (Bihar Act 6,2006) the Governor of Bihar makes the following Rules:-
1. Short title, extent and commencement. - (i) These Rules may be called the "Bihar Gram Kachahari Conduct Rules, 2007".
(ii) These Rules shall extend to the whole of Bihar.
(iii) They shall come into force with effect from the date of publication of Notification in the Gazette.
2. In these Rules, unless there is anything repugnant in the subject or context. -
(a) "Act" means Bihar Panchayat Raj Act, 2006 (Bihar Act 6 of 2006);
(b) "Bench" means bench of the Gram Kachahari constituted for hearing of any suit or trial of any case filed under Section 101 of the Act;
(c) "Full Bench" means full bench of the Gram Kachahari constituted for hearing any appeal preferred under Section 112 of this Act for which seven Panch will form the quorum;
(d) "Criminal Case" means criminal proceeding relating to any crime triable by the Bench of the Gram Kachahari;
(e) "Director, Panchayat Raj" means an officer especially appointed for this purpose on publishing notification in the Official Gazette by the State Government;
(f) "Deputy Director (Panchayat Raj)" means an officer especially appointed for the State or the Commissionery of the State, as the case may be after publishing notification in the Official Gazette by the State Government;
(g) "District Panchayat Raj Officer" means the District Panchayat Raj Officer of any district appointed by the State Government which include such another officer especially appointed under this Act by the State Government for discharging all or any work of the District Panchayat Raj Officer;
(h) "Gram Panchayat Supervisor" means Block Level Panchayat Officer or Block Panchayat Raj Officer especially appointed by the State Government with a view to supervising and inspecting accounts, proceedings and records of Gram Panchayats of the State and Gram Kachaharis or their benches;'
(i) "Form" means a form the draft of which has been provided in the schedule of these Rules;
(j) "Section" means Section of the Bihar Panchayat Raj Act, 2006;
(k) "Gram Kachahari" means Gram Kachahari constituted under sub-section (I) of Section 90 of the Bihar Panchayat Raj Act, 2006;
(l) "Munsif" means such a Munsif who has local jurisdiction in the area where such a Gram Kachahari has been constituted and which includes court of small causes;
(m) "Sarpanch" means Sarpanch of Gram Kachahari elected under subsection (a) of Section 90 of the Act;
(n) "Up-Sarpanch" means Up-Sarpanch of Gram Kachahari elected under sub-section 3(1) of Section 93 of the Act;
(o) "Panch" means a Panch of Gram Kachahari elected under sub-section 1 (b) of Section 90 of the Act;
(p) "Suit" means a suit triable by the bench/full bench of the Gram Kachahari;
(q) Words and expressions used but not defined in these Rules shall have the same meaning as has been assigned to them in the Act.
CHAPTER-1
Constitution of the bench and its procedure
3. Sarpanch will display the name of persons elected as Panch for Gram Kachahari on the Notice Board of Gram Kachahari immediately after the election of Sarpanch and Panch is concluded.
4. Secretary of Gram Kachahari will function as Peshkarot Gram Kachahari and fill up the forms prescribed in these Rules and he will also be responsible for the safety of records of the Gram Kachahari, collection of fees and amount of fine, proper maintenance and preservation of accounts on their deposits.
5. Records of each suit or case to be filed in Gram Kachahari include order-sheet, evidence of witnesses and final order given by the bench in form no. 1. These records will include applications and documents filed by the parties, summons returned after being served to the defendants and witnesses and implementation report of other procedures. The whole procedure of a suit or case shall be a part of the record after the appeal has been preferred.
6. The Sarpanch will display a notice on the notice board of the Gram Kachahari in consultation with the Panches specifying the date and time of sittings to be held by the Bench.
7. The following will be recorded in the order-sheet alongwith other matters:-
(a) Date of application for filing suit or case and orders given thereon,
(b) Date of each hearing and proceeding;
(c) Note on each order given in the suit or case,
(d) Whether the Sarpanch or any Panch is absent,
(e) Signature of members of the bench on each date,
(f) Nome of such members of the Bench who are present but refused to sign the order-sheet,
(g) Date for which hearing of suit or case has been postponed and causes of postponement,
(h) Name of persons who have been examined or have turned up as witnesses;
(i) Abstract of applications and orders given on them;
(j) Final orders given on the suit or case; and
(k) Other matters which the Bench may deem necessary.
8. The following Forms and Registers will be maintained in Gram Kachahari:-
(1) Order-sheet in form-1
(2) Register of civil suit in form-2
(3) Register of criminal suit in form-3
(4) Counter foil book of summons served to the defendant or accused in form-4
(5) Counter foil book of summons served to witnesses in form-5
(6) Bailable warrant to appear before Gram Kachahari in form-6
(7) Counter-foil book of receipts in form-7
(8) Order to realise fine in form-8
(9) Cash book of Gram Kachahari in form-9
(10) Recognizance bond to be signed by the witness to go on appearing in form-10
(11) List of documents produced in form-11
(12) Register of application forms to be given for copying in form-12
9. The Gram Kachahari will hold its meetings at the place where its office is located.
10. (1) Sarpanch of Gram Kachahari will get the summons served on the defendant or accused by the Secretary of Gram Kachahari in the manner stated hereinafter.
(2) If the summons is not returned after being served by the appointed date it will again be served if need be.
11. Each summons issued in duplicate by Gram Kachahari in form 4 or 5, as the case may be, will be signed by the Sarpanch or in his absence by Deputy Sarpanch and it will bear the seal of Gram Kachahari.
12. (1) If it is practicable summons will be served on the person to be called by giving a copy of it personally to him.
(2) Each person, on the summons has been served in this manner, will sign/ put his thumb impression on the back of the duplicate copy of the summons after receiving it.
(3) If a person on whom summons has been served refuses to acknowledge it, the officer serving the summons will endorse the same on its duplicate copy and get it authenticated at least by one witness and then that summons will be deemed to have been duly served.
(4) If the person on whom summons has been served is found to be traceless after adequate efforts, its copy shall be left with an adult male member of the family residing jointly with him who will sign its duplicate copy. If he refuses to sign the acknowledgement of summon the officer serving it will follow the procedure laid down in sub-rule (3).
(5) If the summons is not served in the manner mentioned in this Rule despite adequate efforts, the officer serving it will get a copy of the same pasted on a conspicuous place of the house in which he lives, endorse the same on its back and get the endorsement authenticated at least by one witness and then that summons will be deemed to have been duly served.
(6) Where the summons issued by a Gram Kachahari is needed to be served outside the local jurisdiction of that Gram Kachahari the Sarpanch will endorse two copies of the summons and send them to the Sarpanch of that Gram Kachahari in whose local jurisdiction the person summoned lives or is found. The Sarpanch to whom summons is sent under Rule 12 will get it served in the manner in which he would have served the summons issued by himself.
13. Where the bench of Gram Kachahari is unable to ensure the appearance of an accused it will give report of his whereabouts and will forward bailable warrant in form-6 under Section 119(3) of the Act to Chief/Additional/Sub-Judicial Magistrate to apprehend such accused. Such Judicial Magistrate will countersign the warrant and forward it to the officer-in-charge of the police station in whose jurisdiction the accused is likely to be found. Such officer-in-charge will execute the warrant and take necessary steps to ensure the appearance of the accused before the bench at the time of his trial.
14. Each suit or case will generally be disposed of within six weeks from the date of its filing.
15. With a view to finding out the facts of a suit or proceeding the Sarpanch or the bench can enter the land or house related to the suit or proceeding from sunrise to sunset by giving prior information and showing cause to its owner. If that land or house is in possession of ladies who live in Purdah as per customs of the place will be duly intimated to shift from there. In such a case there must be a lady among the Sarpanch or members of the Bench.
16. (1) The Gram Kachahari shall have its own seal bearing the words "Gram Kachahari Gram Panchayat" in Hindi language.
(2) The seal will be in possession of Sarpanch which will be used for all summons, orders and certified copies issued by him and all documents filed in Gram Kachahari.
17. A person who has been exempted from appearing in person in Civil Court under sub-section (1) of Section 133 Code of Civil Procedure shall not be compelled to appear before the bench in any suit.
18. (1) Two Panches out of the Panches of Gram Kachahari to be nominated by the parties concerned and two other Panches elected by Sarpanch shall constitute the bench of Gram Kachahari. There must be at least one lady member in the bench.
(2) Where there is more than one plaintiff/defendant/accused they shall nominate the Panch together:
Provided that the same set of Panches shall not be elected again unless all the Panches included in the list are provided opportunity to join the Bench of Gram Kachahari.
19. If both the parties appear before the Sarpanch or Up-Sarpanch, as the case may be, at the time of filing the suit or case they will nominate Panches out of the list of Panches at that very time.
(2) If a co-plaintiff or co-defendant of a suit or an accused or co-accused of a case does not agree to a common name out of the list of the Panches within twenty four hours of his appearing before the Sarpanch or in his absence Up-Sarpanch, the Sarpanch or Up-Sarpanch will nominate one Panch out of the list of Panches to represent co-plaintiff, co-defendant or co-accused in the bench.
(3) Party to a suit shall:-
(i) Nominate a Panch on behalf of the defendant accused the next succeeding day from the day on which he is summoned to appear and if he fails to do so the Sarpanch or in his absence Up-Sarpanch shall nominate a Panch out of the Panches of Gram Kachahari on behalf of the party to the suit.
(ii) The plaintiff of a case shall nominate a Panch on the day of filing the case itself.
(4) Notwithstanding the trial of a suit or case being in progress, service of a Panch is not available at any time for a period of seven days and if a Panch is prevented from taking part in the proceedings, another Panch will be nominated next day by the party concerned or will be elected by the Sarpanch or Up-Sarpanch, as the case may be:.
Provided that if a party fails to nominate the Panch within the period stipulated in the rule the Sarpanch or Up-Panch, as the case may be, shall nominate a Panch out of the Panches of Gram Kachahari on behalf of the party as per procedure mentioned.
CHAPTER-2
Civil Suits
20. The Sarpanch shall admit the Civil Suit under the provisions of Section 110 of the Act if the proceeding of suit is initiated wholly or partially within the local jurisdiction of Gram Kachahari or if the defendant ordinarily lives or carries on his business within that jurisdiction.
21. (1) All suits shall be filed by giving application in writing under the Panchayat Act. The application shall contain name of parties concerned amount of claim, short statement of main points on which the parties concerned depend and the relief claimed.
(2) Before admitting the application under this Rule the Secretary of Gram Kachahari shall realise fees of Rs. 10/- in cash as per value of the suit or at the rate of Rs. 1/- for a part thereof.
22. As soon as a suit is filed to the Sarpanch he will take a decision whether it is triable by the bench mentioned in this Act. If the Sarpanch is satisfied that the trial of the suit is beyond the jurisdiction of the bench of Gram Kachahari he will return the said application to the plaintiff and tell him which of the court is of suitable jurisdiction and will mention the matter to this effect in that application:
Provided that before giving orders to return the application the applicant will be provided reasonable opportunity of being heard.
23. Under Rule 31 the plaintiff will submit his application with such number of copies as there are defendants in the suit.
24. If the Sarpanch does not return the application as per Rule 22 and the defendant do not turn up before him, summons will be issued to them all with copies of application keeping in view their number and they will be asked to turn up and show cause why the claim of plaintiff should not be entertained. Date and time for their appearance should also be mentioned in the summons.
25. If the defendant does not turn up in person or through the person authorised by him under Section 117 of the Act in compliance with the summons issued under Rule 24, the hearing of the suit may be done ex parte by the bench.
26. If any document is produced before the bench the person producing it may take that back by giving a copy of it provided the Sarpanch is satisfied that it is the true copy.
27. If the bench of Gram Kachahari gives Judgement in the suit to give decree wholly or partially it will contain the following details:-
(a) name of parties, their father's name and address related with the suit;
(b) claim and details of claim;
(c) grounds of Judgement;
(d) the amount of decree with cost given in the suit or any other relief provided and amount of interest sanctioned.
(2) (i) If the bench gives order to pay some money or grant any moveable property, it will fix a date in its order when the said amount or moveable property is paid or granted to the party in its presence who is entitled to get it as per order and the bench will mention such payment or grant in its order-sheet and the person getting payment or property will give receipt thereof which will be attached to the record.
(ii) If such payment or grant is to be made in instalments, the date of every instalment shall be fixed in the order.
(iii) In the case of claim for amount interest may be realised at the rate of 6% per annum according to the Judgement of the bench of Gram Kachahari and such interest will be realised from the Judgement debtor from the date on which the claim has been made for the said amount till the date of realisation of amount of decree.
28. If it is proved to the satisfaction of the bench that a suit has been settled wholly or partially by any legal agreement or compromise or if the defendant has paid the amount related with suit to the plaintiff wholly or partially, the bench will record such agreement, compromise or payment in writing and so far as the suit is concerned it will pass decree as per agreement etc. mentioned above.
29. (1) If the amount of decree is not paid or the property is not delivered on the date decided as per sub-rule (2) of Rule 27, the decree holder shall give an application to the Sarpanch requesting him to execute his decree.
(2) The amount for execution of decree will be Rs. 10/- which the decree holder will pay in cash at the time of giving application to get the decree executed passed by the bench of Gram Kachahari.
30. If the bench of Gram Kachahari is unable to execute its decree it will refer such decree to the Munsif for execution, who will execute it as if it were passed by the Munsif himself.
31. Whenever a defendant is to pay the fine the Sarpanch will take action to realise it. In case the bench of Gram Kachahari is unable to realise the fine imposed by it in a case for some reasons, it will refer the order imposing such fine to Chief/ Additional/Sub-Judicial Magistrate for execution in Form-8, who will realise the fine from the person against whom such order has been passed in the disputed matter as if it were passed by the same Magistrate.
CHAPTER-3
Criminal Cases
32. Any complaint case to be filed under Section 106 of the Act may be filed to the Sarpanch in writing and where the services of Sarpanch are not available it may be filed to the Up-Sarpanch.
33. A person desirous of filing complaint case under Rule 32 will deposit a sum of Rs. 100/- only in cash as fee to the Secretary of Gram Kachahari.
34. If the complaint petition has been filed in writing the Sarpanch or Up-Sarpanch. as the case may be, shall administer Oath to the petitioner and verify the petition without delay and the summary of statement made by the petitioner solemnly on taking oath shall be entered on the back of the petition which may be opened for such case:
Provided that whatever statement the petitioner has made either solemnly or on oath will be read out and explained to him and he will put his signature or thumb impression under the said statement.
35. If, on the statement made by the petitioner on oath or solemnly under Rule 32, the Sarpanch is of the opinion:-
(a) that from the said statement the crime is not made out or if at all it made out, it is beyond the jurisdiction of the bench of Gram Kachahari, he will dismiss such petition forthwith and will intimate the petitioner of his order without any delay.
(b) if by the said statement such crime comes to light which is cognizable by the bench of Gram Kachahari, he will take cognizance of it and issue summons to the defendant stating the crime he has been accused of and the date on which he has to appear before the bench of Gram Kachahari. If the summons is not served by the fixed date it will be served again.
36. The bench of Gram Kachahari will ensure the appearance of an accused in all cases triable by it in the same manner as has been laid down in Rule 13.
37. When the accused appears or is brought before the bench of Gram Kachahari, he will give statement of his own accord relating to the allegations made against him.
38. If the bench of the Gram Kachahari fails to effect a compromise cordially between the two parties as required by Section 102 and if the defendant has given statement it will be recorded in writing. If the accused confesses the allegations made against him and if the crime on his confession is cognizable by the bench, it will record its Judgement according to the nature of that crime and the Judgement of majority of members will be effective in case there is no consensus among the members of the bench.
39. (1) If the bench doesn't punish the accused as per foregoing Rule, as the accused didn't confess his crime, it will initiate hearing of the complainant and take in its possession the evidence relating to the case produced by him. Thereafter the bench will initiate hearing of the accused and take in possession the evidence produced by him in his defence.
(2) If the bench thinks it proper it will issue summons to a witness on an application by the complainant or defendant to appear in person or produce any document or materials on the date mentioned in it.
(3) The bench will require the complainant or defendant to submit process fee @ Rs. 21- per summon before issuing summons to the witness on such application.
40. (1) If on taking evidence as per Rule 39 and obtaining such evidences as it desires and examining the defendant, the bench comes to the conclusion that the defendant is not guilty, it will record its Judgement in the manner as laid down in Section 103.
(2) If the bench finds the defendant guilty it will declare his conviction and give him legitimate punishment under Section 107 of the Act. But any bench of Gram Kachahari cannot pass sentence of simple or rigorous imprisonment. It may punish the guilty with such fine which will not exceed Rs. 1,000/.
CHAPTER-4
Procedure of Appeal before the bench of Gram Kachahari
41. Any appeal to be filed against any order or judgment of the bench of Gram Kachahari under Section 112 of the Act may be filed before the full bench of Gram Kachahari within thirty (30) days from the date of such order or Judgement for which seven (7) Panches will form the quorum.
42. If an appeal is filed against the Judgement of the bench in a civil or criminal case, such case shall not be admitted unless a fee in-cash is deposited to the Secretary of Gram Kachahari @ Rs. 10/- according to the value of the suit or at the rate of Rs.1/- for any portion of it or a fee of Rs. 10/- in-cash is deposited to the bench respectively:
Provided that in criminal cases the Sarpanch may exempt the appellant from paying off such fee by mentioning the ground of poverty or other reasons in order-sheet.
43. On filing the memorandum of appeal and paying off required fee for it by a party, the Sarpanch will give notice to respondent and all the Panches of Gram Kachahari to appear at the meeting of the full bench at the time and place and date mentioned in it. The date of such meeting will generally be fixed before the expiry of 15 days from the date of filing the appeal.
44. (1) The full bench will examine the records of suit, make hearing of the parties and do whatever it deems necessary for justice on the date fixed for hearing and there upon it will either confirm the order given by the bench of Gram Kachahari or make alteration in it or cancel it or give such order which may be just and convenient keeping the nature of suit in view.
(2) The Judgement of the full bench will be based on majority of the votes of the panches taking part in the meeting.
(3) A panch who doesn't agree to the opinion of other panches will give his minute of dissent.
(4) Such panches of the full bench who agree to its Judgement will put their signature on it and where they disagree to the Judgement of majority the bench will take their minute of dissent and get it signed by them.
45. Till the disposal of an appeal the Sarpanch will give order by mentioning the reasons that the decree or the punishment or the order against which appeal has been filed must not be executed.
46. (1) The appeal will generally be disposed-within one month from the date of its filing.
(2) If the appeal is not disposed-within the period specified in sub-rule (1) the Sarpanch will mention the reasons of delay in the final order given in the disposal of the appeal.
47. (1) Whenever the Sarpanch has reasons to believe that there is a possibility of breach or disturbance of public-peace and prompt action is needed to prevent it, he will give order in writing to the person involved by mentioning the main points of the matter concerned to keep himself away from certain activity or will give direction to a person to abstain from a particular act or to take action with regard to the property under his management or possession.
(2) The Sarpanch will give his order in two copies and send them under.his hand and seal of Gram Kachahari to the persons concerned to be served in the manner stated from Rules 10 to 12 as far as possible.
CHAPTER-5
Miscellaneous
48. To ensure the appearance of the witness before the Sarpanch or bench on the date fixed for the hearing of the case or suit, he will be required to give a personal bond not exceeding Rs. 100/- in Form No. 10.
49. (1) Any record of Gram Kachahari will not be carried away from it's office to other places. The District Judge or any judicial officer especially authorised by him, within whose local jurisdiction Gram Panchayat comes shall have power to visit the office of Gram Kachahari and make inspection of it's proceedings and records.
(2) Director and Dy. Director of Panchayat Raj, District Panchayat Raj Officer, Block Development Officer/Circle Officer, Block Development Supervisor or Block Panchayat Raj Officer shall make a regular supervision and inspection of books-of-account of Gram Kachahari or its benches (including full bench) located within their respective jurisdiction at least four times in a year and the two officers mentioned latter shall give report to the District Panchayat Raj Officer. The District Panchayat Raj Officer shall give reasonable suggestion/instruction to the Gram Kachahari or its bench/full bench as the case may be.
50. (1) The bond which has been signed in pursuance of the foregoing rules at the instance of Sarpanch or the bench and it is proved to his/its satisfaction that the amount of the bond has been confiscated in favour of Gram Kachahari on account of the witness of the accused not being present before the Sarpanch or the bench, the Sarpanch or the bench shall ask the accused or the witness to show cause why the amount of the bond shouldn't be recovered from him.
(2) In case sufficient cause is not shown the Sarpanch or bench shall give order to the accused or the bailor or the witness, as the case may be, to pay off the said amount on the date mentioned in the order and if the amount is not paid on the said date the Sarpanch shall realise it from the date, which has been prescribed in the rules made for the realisation of fine imposed by the bench.
51. Court language of the bench of a Gram Kachahari shall be Hindi in Devnagri script.
52. (1) Any person who wants the copy of the proceeding record of the bench or a part thereof, will apply to the Sarpanch in writing, giving details of record the copy of which he wants. The applicant will be informed how much he has to pay as fee on the date on which he applies for copy, and on paying the fee the Sarpanch will get the copy of record prepared and make it available to the applicant with in three (3) days from the date of paying the fee. For every 100 words or a part thereof, fee will be calculated @ Rs. 2/-.
(2) The applicant will be provided certified copy of a party of the proceeding record of the bench after comparing it with the original one. Fee will be charged from him @Rs. 1/- for every 100 words or a part thereof.
(3) A person who has been entrusted responsibility to make a copy of the proceeding record will be given remuneration @ 0.50 paisa for every 100 words or a part thereof and the remaining amount will be deposited to the fund of Gram Kachahari.
(4) The Secretary of Gram Kachahari or in his absence a person authorised by Sarpanch will act as copy writer who will be entitled to get remuneration prescribed in sub-rule (3).
(5) (i) As per this Rule the copy provided to the person will include the dates on which application was submitted, copy was prepared and handed over to the applicant and how much fee was paid for it. The copy will bear the signature of copy writer and Sarpanch and seal of Gram Kachahari.
(ii) As per sub-rule (2) the certified copy issued will bear the signature of Sarpanch and the words "True-copy" will be written on top.
53. Notwithstanding any provision otherwise transgressed in these Rules, the Nayayamitra especially appointed under sub-section (2) of Section 94 of the Act will assist the Gram Kachahari or its bench in discharge of its duty.
54. The Gram Kachahari will have a separate fund of its own. The fee-fine etc. deposited to Gram Kachahari will be maintained by the Secretary of the Gram Kachahari in Form-9 of its cash-book. The account of Gram Kachahari will be operated by the joint signature of the Sarpanch and Up-Sarpanch and it will be operated, maintained and managed under the directions issued by the Government from time to time:
Provided that in the event of either the post of Sarpanch or Up-Sarpanch being vacant the account of Gram Kachahari will be operated with the joint signature of a panch selected from among the panches by the majority of votes and either Sarpanch or Up-Sarpanch, as the case may be.
55. The Bihar Gram Kachahari Rules, 1962 are hereby repealed.
(i) Notwithstanding this repeal any work done or any action taken in exercise of the powers conferred by or under the said Rules, as far as may be shall be deemed to be a work done or an action taken in exercise of the powers conferred by or under the said Rules as if they were in force on the day on which the work was done or action taken.
Schedule
Form-1
(See Rule 5)
Form of order-sheet
Name of Gram Kachahari,................Gram Panchayat............Case/Suit No..........Date.............Month...............Year...............
Plaintiff.....................................
Versus
Defendant.................................
Serial No. and Date |
Name of Members present in the bench |
Abstract of order given |
Signature of Sarpanch and Panches present |
Remarks |
1 |
2 |
3 |
4 |
5 |
Form-2
(See Rule 8)
Register & (sic-of) Civil Suit
Serial No. |
Name and Address of Plaintiff |
Name and Address of Defendant |
Nature of suit (write in brief) and value thereof |
Fees charged at the time of filing the suit |
Date of inspection of suit |
Final order of the bench and its date |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Date of filing the appeal and fees co charged, if appeal has been preferred in full bench |
Order of full bench and its date |
Order of Munsif under Section 114 and date |
Order on which application was submitted for execution of order |
Fees realised at the time of submitting 10 application for execution of order |
How the decree was enforced |
8 |
9 |
10 |
11 |
12 |
13 |
|
Form-3
(See Rule 8)
Register of Suit
Serial No. |
Date of filing the suit |
Name and Address of Plaintiff |
Name and Address of Defendant |
Nature of crime for which summons or warrant was issued |
Fees realised (court fees etc.) at the time of filing the suit |
Final order of the bench and date and if the accused was punished under which Section of the Act punishment was inflicted |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Date of preferring the appeal before the full bench |
Name of applicant and his father's name |
Order of full bench and date |
Order of Sub-Divisional Magistrate under Section 114 and date |
Amount of fine realised and date of realisation |
If the accused was sent to jail, warrant for sending to jail (Commitment warrant) |
Date on which fine was submitted to the treasury and its challan no. |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|
Form-4 |
Form-4 |
||
(See Rule 11) |
(See Rule 11) |
||
Summons of Defendant |
Summons of Defendant |
||
1. |
Serial No. of suit or case...... |
1. |
Serial No. of suit or case..... |
2. |
Name of parties........ |
2. |
Name of parties........ |
3. |
Nature of claim/complain........ |
3. |
Nature of claim/complain....... |
4. |
Date of filing..... |
4. |
Date of filing..... |
Since suit/case will be put up before the Gram Kachahari on........ (date)....... (time)...... at....... (place) you must appear alongwith your witness in defence of your suit/case. | Since suit/case...... will be put up before the Gram Kachahari on....... (date)...... (time)..... at..... (place) you must appear alongwith your witness in defence of your suit/case. | ||
Date.......... | Date.......... | ||
Signature of Sarpanch |
Signature of Sarpanch |
||
Form-5 |
Form-5 |
||
(See Rule 11) |
(See Rule 11) |
||
Summons of witness |
Summons of witness |
||
1. |
Serial No. of suit/case...... |
1. |
Serial No. of suit/case........ |
2. |
Name of parties........ |
2. |
Name of parties........ |
3. |
Nature of claim/complain........ |
3. |
Nature of claim/complain....... |
4. |
Date of filing..... |
4. |
Date of filing..... |
Since you have been summoned to put up document to give evidence in the aforesaid suit/case of Sri......., you are hereby ordered to appear before Gram Kachahari on..... A....., time put up aforesaid document. | Since you have been summoned to put up document to give evidence in the aforesaid suit/case of Sri...., you are hereby ordered to appear before Gram Kachahari on..... At...., time put up aforesaid document. | ||
Date............ | |||
Signature of Sarpanch |
Signature of Sarpanch |
Form-6
(See Rule 13)
Bailable warrant to appear before Gram Kachahari
To,Chief/Additional/Sub-Judicial Magistrate since Sri (Name & accused) S/o Sri....... resident of....... has not appeared despite bailable warrant having been served on him, therefore you are requested to inforce attendance of the said accused before this bench.Date................ Month........ Year........
Seal of Gram Kachahari |
Signature of Sarpanch |
If the said accused furnishes a security of Rs................and produces a bailor against Rs.............or produces a bailor at the rate of Rs............per bailor to appear before the bench of Gram Kachahari on (date) 200 and unless otherwise directed by the bench, go an appearing in the same way, he may be released on bail.Date............... 200........
Seal of Gram Kachahari |
Signature of Sarpanch |
Form-7 |
Form-7 |
||
(See Rule 8) |
(See Rule 8) |
||
Receipt in two copies |
Receipt in two copies |
||
No |
No |
||
1. |
Name of Gram Kachahari...... |
1. |
Name of Gram Kachahari......... |
2. |
Serial No. of suit/case..... |
2. |
Serial No. of suit/case........ |
3. |
Date of payment........ |
3. |
Date of payment........ |
4. |
Name of payee...... |
4. |
Name of payee....... |
Amount paid |
Amount paid |
||||
Rs. Ps. |
Rs. Ps. |
||||
1. |
Fees |
1. |
Fees | ||
2. |
Fine |
2. |
Fine | ||
3. |
Compensation |
3. |
Compensation | ||
4. |
Miscellaneous |
4. |
Miscellaneous | ||
Total- |
Total- | ||||
Date.............. | Date.................. | ||||
Signature of Payee and Designation | Signature of Payee and Designation |
Form-8
(See Rule 31)
Order to pay the amount due fine/decree/compensation/under bond Bihar Panchayat Raj Act, 2006
To,Chief/Addition/Sub-Judicial Magistrate since Sri (Name of accused) S/o Sri.........resident of has been directed to pay the abovementioned amount and he has not paid the said amount or any part thereof, so you are hereby required to recover from the said person the amount imposed under Bihar Panchayat Raj Act, 2006 and get it credited to the fund of Gram Kachahari.Date..........
Seal of Gram Kachahari |
Signature of Sarpanch |
Form-9
(Vide Rule 8)
Cash Book
Name of the Gram Kachahari |
Gram Panchayat........... Year............. |
Serial number of suit or case |
Date of receipt |
Number of the counterfoil |
Name of the recipient |
Fee |
Penalty |
Compensation |
Other receipts (income) |
Total |
Signature of the Secretary of Gram Kachahari |
Signature of Sarpanch |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
|
Form-10
(Vide Rule 48)
Recognizance bond to be signed by the witness to keep on appearing
Since I....... Village....... P.S. ....... PO. ....... District, ....... is a witness to the case number........ 20 (Vs)....... which is under consideration of........... Gram Kachahari falling under the jurisdiction of PS....... District............ hereby bind myself that I....... shall appear in the court of the said Gram Kachahari situated at....... on date (or dates) and if fail to appear it shall be bound to pay a sum of rupees one hundred to the Government.Date.............. Month.............. 20...............
Signature
Form-11
(Vide Rule 8)
The list of documents filed
Name of the Gram Kachahari |
Gram Panchayat................. |
Serial number |
Name and address of the complainant |
Name and address of the defendant |
Number and year of the suit |
Details of the bench of (names) Sarpanch & Panches |
Detail of documents filed |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Form -12
(Vide Rule 8)
Book of application for copy
Name of the Gram Kachahari |
Name of Gram Panchayat................. |
Serial Number |
Name of the applicant |
Date of application |
Details of documents for the copy of which application has been made and suit or case no. and year during which it has been filed |
Certified copy |
Uncertified copy |
Money to be paid |
Date of payment |
Date on which copy was made for delivery |
Date on which copy was taken |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
|
Form-13
Expenditure Column |
|||||||||
Date on which amount was posted in the cash book of the Panchayat or else where |
Fee |
Fine |
Compensation |
Other receipts (income) |
Total |
Signature of Mukhia or the person receiving the amount |
Signature of Panchayat Sewak |
Signature of Sarpanch |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
Opening balance of the day:Closing balance of the day:Balance of the end of the day:Cash........In Bank Account........Total Amount...........Signature of the Sarpanch of Gram Kachahari
Signature of the Secretary of Gram Kachahari
Form-14
(Vide Rule 54)
Information to be sent to S.D.O. and officer-in-charge of Police Station of the area concerned by the bench of Gram Kachahari
Serial Number |
Name of Gram Kachahari |
Number of suit and Section |
Name of the plaintiff and his father's name |
Name of defendant, father's name and place of residence. |
Date of punishment |
Nature of crime and punishment inflicted |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|