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WEST PAKISTAN  CONCILIATION COURTS RULES, 1962

1st March 1962

 

No. Integ. 7-1/62.—- In exercise of the powers conferred by Section 21 of the Conciliation Courts Ordinance, (XLIV of 1961). The Government of west Pakistan is pleased to make the following rules, namely:—-

 

1.         (1) These rules may be called the West Pakistan Conciliation Courts Rules, 1962.

(2)        They shell extend to the province of West Pakistan, Except the cantonments.

 

2.         In these rules, unless there is anything repugnant in the subject or Context,—

a)                  “Form” means a form appended to these rules;

b)                  “Ordinance” Means the Conciliation Courts Ordinance, 1961 (XLIV of 1961);

c)                  “Part” means a part of the Schedule to the Ordinance;

d)                  “Petitioner” means a person who made an application under section 4 of the Ordinance;

e)                  “Respondent” means the person against whom an application under section 4 of the Ordinance is made; and

f)                   “Section” means a section of the Ordinance.

 

3.         (1) An application under sub-section (1) of section 4 shall be in writing and shall be signed by the petitioner and shall be presented to the Chairman of the Union Council.

(2)        The application under sub-rule (1) shall contain the following particular:

a)                  The name of the union Council in which the application is made,

b)                  The name, description and place of residence of the petitioner,

c)                  The name, description and place of residence of the respondent,

d)                  The name of the Union in which the offence was committed, or the cause of action arose.

e)                  The complaint or the nature and valuation of the claim with particulars in brief, and

f)                   The relief claimed.

(3)        An application under this rule shall be accompanied by a fee of one rupee if the case relates to Section A of Part 1 or Section A of Part II, and by a fee of two rupees if it relates to section B of Part I or Section B of part II.

 

4.         When an application is rejected by the Chairman of the Union Council under Sub-Section (1) of Section 4, it shall be returned to the petitioner together with the order passed on it.

 

5.         (1) An application for revision under sub-section (2) of section 4 shall be made with in 30days from the date of rejection:—-

a)      To the Controlling Authority or to an officer not lower than a Magistrate of the first class nominated by the Controlling Authority in this behalf, if the case relates to Section A of Part I or Section A of part II ; and

b)      To the District Judge, if the case relates to Section B of Part I or Section B of Part II. 

(2)        An application under sub-rule (1) shall be in writing shall be signed by the petitioner, shall contain the names, descriptions and addresses of the parties and shall be accompanied by the original application rejected and returned by the Chairman of the Union Council, and shall also contain in a precise form the grounds on which the application for revenue is made.

 

6.         If the authority to whom an application is made under sub-section (2) of section 4 is of opinion that the order passed by the Chairman of the Union is mala fide or substantially unjust. It shall return the application to the petitioner together with order in writhing directing the chairman Union Council to admit the application.

 

7.         (1) When an application has been admitted, its particulars shall be entered in a register to e maintained in Form I, and the number any year of the case in the said register shall also be endorsed on the application.

(2)        When a case is referred back under sub-section (2) of Section 8 by the Controlling Authority or the District Judge, as the case may be, for reconsideration, the case shall be entered afresh in the register in Form I and shall be heard as a fresh application.

 

8.         (1) After having registered the application under Rule 7, the Chairman of the union Council shall direct the petitioner to be present on a date and time which he may fix and shall also issue summons to the respondent for appearing before him on the date and time so fixed.

(2)       Every summons issued under these rules shall e in writing in duplicate, signed and sealed by the Chairman of the Union and after the constitution of the Conciliation Court, by the Chairman of the conciliation Court.

(3)        Save as otherwise provided, every summons issued under these rules shall be served by a servant of the Union Council or by such other person as the chairman of the Union Council or the chairman of the Conciliation Court, as the case may be, may appoint in this behalf.

(4)       Service of the summons shall, if practicable, be made personally on the person summoned by delivering or tendering to him one of the duplicates of the summons.

(5)       Every person on whom a summons is service shall sign a receipt on the back of the other duplicate.

(6)       If service in the manner mentioned in the foregoing sub-rules cannot, by exercise of due diligence, be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the residence in which the person summoned ordinarily resides and thereupon the summons shall be deemed the have been duly served.

(7)       If the person to whom a summons is issued resides outside the jurisdiction of the union Council, the Chairman of the Union Council or the Chairman of the Conciliation Court may cause the summons to be served through registered post (acknowledgment due) and the thereof shall be paid by the petitioner.

 

9.         (1) A summons to a party shall be in Form II.

(2)        A summons to a witness shall be in Form III.

 

10.       (1) If the case relates to part I and the respondent does not appear in the obedience to the summons, the Chairman of the Union Council shall ask the petitioner to nominate within seven days his representatives and the representatives so nominated and the Chairman of the Union Council shall constitute conciliation Court.

(2)       If the case relates to part II and of the respondents does not appear in obedience to the summons, or if he appears but does not agree to refer the case to the Conciliation Court, the Chairman of the Union Council shall issue a certificate to the effect that conciliation has failed.

 

11.       If the case relates or part II and the parties agree to refer the case to the Conciliation Court or if the case relates to part I, the Chairman of the Union Council shall ask the parties to nominate their representatives within a period of seven days.

 

12.       On receiving the names of the representatives the Chairman of the Union Council shall record the names in the relevant columns in the register in Form I.

 

13.       (1) Where at any time before the Conciliation Court gives its decision, the Chairman of the Union Council is for any referred to in sub-section (2) of section 5 unable to act as Chairman of the Conciliation Court, or his impartiaity is challenged by any party, the Controlling authority may, on receiving an intimation from the Chairman, or, as the case may be, an application in writing of the party, appoint any member of the union Council (not being a member nominated by any party as his representatives) to act as Chairman of the Conciliation Court.

(2)       The Controlling authority may pending the appointment of a Chairman of the Conciliation Court under sub-rule (1) stay proceeding before the Conciliation Court.

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