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.
(3) The name of the Chairman of the Conciliation Court appointed under sub-rule (1) shall be entered in the register in Form I.
14. After the constitution of the Conciliation Court, its Chairman shall ask the respondent to submit his written objections against the application within a period of three days, and six the day, time and place where the Conciliation Court shall sit, and may direct the parties to produce necessary evidence in support of their respective cases.
15. (1) The Conciliation Court shall try the case on the day fixed under Rule 14, but for sufficient reasons, it may adjourn the hearing of the case from time to time, for period which shall, in no case, exceed seven days at a time.
(2) The chairman of the Conciliation court shall ask the witnesses to make statements on solemn affirmation or on oath and shall record or cause to be recorded the substance thereof.
(3) The Conciliation Court may at any stage of the case hold local inquiry in respect of any matter in dispute between the parties.
16. If in case, before the Chairman of the Union Council or on the day the case is fixed for hearing before the Conciliation Court, the petitioner fails to copea and if in the opinion of the Chairman of the Union Council or of the conciliation Court, as the case may be he shown negligence in prosecuting his case—
a) If the case relates to part I, the application shall be dismissed for default, and
b) If the cause relates to part II, the Chairman of the Union Council or the Chairman of the Conciliation court, as the case may be, shall record a finding that the conciliation has failed and may issue as a certificate to that effect.
17. Where an application is dismissed under clause (a) of Rule 16, the petitioner may apply in writing for its restoration to the Chairman of the Union Council or of the Conciliation Court, as the case may be, and if the said Chairman is satisfied that there was sufficient cause for his non-appearance and that he had not acted negligently, the said Chairman may restore the application and fix a date for its hearing.
18. (1) The decision of the Conciliation Court shall be recorded by the chairman of the Conciliation Court in the register in Form I.
(2) Every decision recorded under sub-rule (1) shall indicate whether such decision is unanimous, and if not, the ratio of the majority by which it has been arrived at.
19. Every decision of the Conciliation Court shall be pronounced in open Court by the Chairman of the Conciliation Court.
20. (1) An application under sub-section (2) of section 8 shall be in writing, shall be signed by the applicant, and shall contain the names, descriptions and addresses of the parties and shall also state briefly the grounds on which the application is made.
(2) A copy of the decree or order passed by the Conciliation court certified under the hand of the Chairman of the conciliation Court shall also be attached to the application.
21. The certificate under clause (b) of sub-section (4) of section 5 or under sub-section (3) of section 8 or under rule 10 or 16 shall be in Form IV.
22. The period in which the decretal amount or the amount of compensation shall be paid, shall be such as the conciliation Court may fix, but in no case it shall be more than six months from the date of the final order.
23. After the decision of every case, a decree shall be drawn in Form V, which shall be signed by the Chairman of the Conciliation court.
24. (1) The Chairman of the Union Council shall then made the entries in the register of the decree in Form Vi.
(2) Any order made under sub-section (2) of section 8 by the controlling Authority or the District judge, as the case may be duly intimated to the Chairman of the Union Council concerned and the Chairman of the Union Council shall amend the decree or order accordingly and also make necessary entries to that effect in the register of decree in Form VI.
25. The Chairman of the Conciliation Court, or when there is no such Court, the Chairman of the Union council Shall, on the application of any party to a dispute allow inspection of the records of the Conciliation Court relating to the dispute on payment of a fee of twenty-five paisa.
26. The Chairman of the Conciliation Court or when there is no such court, the Chairman of the Union Council shall, on the application of any party to a dispute, supply copy of the relevant record or entry in any register maintained under these rules or any position thereof, on payment of a fee calculated at the rate of twenty-five paisa for one hundred words of part thereof.
27. (1) Whenever a fine is paid under section 11 or section 12 or is collected under suction 13 or any fee is realised under these rules, a receipt shall be given in Form VII which shall be serially numbered and the counterfoil thereof shall be kept in the official of the Union Council.
(2) All fines and fees received under these rules shall be entered in a register in Form VIII.
28. All fees payable under these rules shall form part of the funds of the Union Council concerned.
29. The entries in the register of cases and the register of decrees and orders shall be numbered in every year according to the order in which the applications are admitted or the decrees or orders are passed.
30. All records of the Conciliation court including register shall be deposited in the officer of the Union Council and shall be preserved for a period of ten years in the case of registers and three years in the case of other records.
31. Where an amount is to be recovered under sub-section (4) of section 9, the Chairman of the conciliation Court, shall send the particulars in Form IX to the Controlling Authority for recovery of the same as arreas of land revenue.
32. The order stating the amount of fine to be recovered under sub-section (1) of section 13 shall be forwarded to the Magistrate in Form X.
33. The Chairman of the Union Council shall before the first day of February and the first day of August in each year, send to the Controlling Authority a return in Form XI of the Work of the Conciliation Courts in the Union during the preceding half year ending on the 31st December and the 30th June, respectively.
34. When a Conciliation Court is of opinion that in a case pending before it the ends of justice demand that accused should be punished, it may forward the case to the Criminal Court in Form XII.
35. When in obedience to the summons or otherwise the respondent appears and admits the claim or dispute and satisfies the claim in the presence of the Chairman of the Union Council, no Conciliation Court shall be constituted.
36. Where the conciliation Court or the Chairman of the Union Council receives any amount payable to a party such amount shall be paid to the party, as far as may be, within seven days of his applying therefor.
37. (1) There shall be kept in the office of every Union Council a seal of the Conciliation court which shall be circular in shape and shall bear the inscription “Conciliation Court” and the same of the Union.
(2) The said seal shall be used on all summons, orders, decrees, copies and other documents issued under these rules.