PUNJAB CONCILIATION COURTS RULES, 1982
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Rules |
Contents |
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Preamble |
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1 |
Short title and commencement |
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2 |
Definitions |
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3 |
Application for constitution of a Conciliation Court |
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4 |
Rejection of application |
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5 |
Revision against rejection order |
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6 |
Registration of application |
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7 |
Summons |
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8 |
Constitution of Conciliation Court |
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9 |
Registration of Representatives |
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10 |
Substitution of Chairman |
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11 |
Conciliation proceedings |
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12 |
Non-appearance of petitioner |
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13 |
Non-appearance of respondent |
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14 |
Decision by Conciliation Court |
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15 |
Form of decree |
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16 |
Modification of decision of Conciliation Court |
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17 |
Modification of decree or orders |
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18 |
Failure Certificate |
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19 |
Payment of decretal or compensation amount |
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20 |
Inspection of Record |
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21 |
Supply of copies |
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22 |
Receipt of fines and fees |
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23 |
Register and record of cases |
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24 |
Recovery of decretal or compensation amount |
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25 |
Recovery of fine |
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26 |
Submission of return of cases |
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27 |
Transfer of case to Criminal Courts |
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28 |
Admittance of claim or dispute by respondent |
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29 |
Payment to parties |
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30 |
Seal of the Conciliation Court |
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Forms |
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PUNJAB CONCILIATION COURTS RULES, 1982
3rd October 1982
No. So (v)-1-12/82, dated 3-10-82: In exercise of the powers conferred by Section 21 of the Conciliation Courts Ordinance, 1961 (XLIV of 1961), the Governor of the Punjab is please to make the following rules, namely: –
1. Short title and commencement:
(i) These rules may be called the Punjab Conciliation Courts Rules, 1982.
(ii) They shall extend to the whole of the Province of the >Punjab except the Cantonment areas.
(iii) The shall come into force at once.
2. Definitions:
1) 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 makes 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.
2) Words and expressions used but not defined in these Rules shall have the same meaning as have been assigned to them in the Ordinance.
3. Application for constitution of a Conciliation Court;
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 concerned or, as the case may be , to the member representing the ward:
Provided that in the case of a ward which has more members than one the application shall be presented to the Mayor to the Municipal Corporation or the Chairman of the Municipal Committee, as the case may be who shall entrust it to any one of the members of the ward, and shall ensure that, as far as possible equal number of applications are entrusted to every member of the ward.
2) The application under sub-rule (1) shall contain the following particulars:-
i) the name of the Union Council or the ward, as case may be in which the application is made;
ii) the name , description and place of residence of the petitioner;
iii) the name , description and place of residence of the respondent;
iv) the name of the Union Council or the ward, as the case may be , in which the offence was committed or the cause of action arose;
v) the complaint or the nature and valuation of the claim with particulars in brief; and
vi) the relief claimed.
3) An application under this rule shall be accompanied by fee of one rupee if the case relates to Section A, Part I or Section A, Part II, and by a fee of two rupees of it relates to Section B of Part I or B of Part II.
4. Rejection of application: When an application is rejected by the Chairman of the Union Council or the member concerned of the ward, as the case may be, under sub-section (1) of Section 4, it shall be returned to the petitioner together with the order passed on it.
5. Revision against rejection order:
1) An application for revision under sub-section (2) of Section 4 shall be made within 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 his behalf, if the case relates to Section A of Part I or Section A of Part II; and
b) to the District judges, 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 , be signed by the petitioner, contain the names, description and addresses of the parties and shall be accompanied by the original application rejected and returned by the Chairman of the Union Council or the member concerned of the ward, as the case may be, and shall also contain, in a precise form the grounds on which the application for revision is made.
3) If the authority to whom an application is made under sub-section (2) of Section 4 is of the opinion that the order passed by the Chairman of the Union Council or the member concerned of the ward, as the case may be, is mala fide or substantially unjust, it shall return the application to the petitioner together with the order in writing directing the Chairman of the Union Council or the member concerned of the ward, as the case may be, to admit the application.
6. Registration of application:
1) When an application has been admitted, its particulars shall be entered in a register to be maintained in Form I, and the member and 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 6 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.
7. Summons:
1) After having registered the application under rule 6, the Chairman of the Union Council or the member concerned of the Ward, as the case may be, shall direct the member concerned of the ward, as the case may be , shall direct the petitioner to be present on a date and time which he may fix and shall also summon to the respondent for appearing before him on the date and time so fixed.
2) Every summons issued under these rules shall be writing , in duplicate, signed and sealed by the Chairman of the Union Council or the member concerned of the ward, as the case may be, 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 of the Municipal Committee or the Municipal Corporation concerned.
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 served 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 copies of the summons to some conspicuous part of the residence in which the person summoned ordinarily resides and thereupon the summons shall be deemed to have duly served.
7) If the person to whom a summons is issued resided outside the jurisdiction of the union Council or the member concerned of the ward or the Chairman of the Conciliation Court may cause the summons to be served through registered post (acknowledgment due) and the cost thereof shall be paid by the petitioner.
8) A summons to a party shall be in Form II.
9) A summons to a witness shall be in Form III.
8. Constitution of Conciliation Court:
1) If the case relates to Part I and the respondent does not appear in obedience to the summons, the Chairman of the Union Council or the member concerned of the Ward, as the case may be, shall ask the petitioner to nominate within seven days his representatives and the representatives to nominated and the Chairman of the Union Council or the member concerned of the Ward, as the case may be, shall constitute the Conciliation Court.
2) If the case relates to Part II and any of the respondents does not appear in obedience to the summons, or if he appears but does not agree to refer the case to Conciliation Court, the Chairman of the Union Council or the member concerned of the Ward, as the case may be, shall issue a certificate to the effect that conciliation has failed.
3) If the case relates to Part II and the parties agree to refer4 the case to the Conciliation Court or if the case relates to Part I, the Chairman of the Union Council or the member concerned of the Ward, as the case may be, shall ask the parties to nominate their representatives within a period of seven days and the representatives so nominated and the Chairman of the Union Council or the member concerned of the Ward, as the case may be, shall constitute the Conciliation Court.
9. Registration of Representatives: On receiving the names of the representatives the Chairman of the Union Council or the member concerned of the Ward, as the case may be, shall record the names in the relevant columns of the register in Form I.
10. Substitution of Chairman:
1) Where at any time before the Conciliation Court gives its decision, the Chairman of the Union Council or, as the case may be, the member concerned of the Ward, is for any of the reasons referred to in sub-section (2) of Section 5 unable to act as Chairman of the Conciliation Court, or his impartiality is challenged by any party the Controlling Authority may, on receiving an intimation form the Chairman of the Union Council or the member concerned of the Ward, as the case may be, or on an application in writing of the party, appoint any member of the Union Council or in the case of a Municipal Corporation or the Municipal Committee (not being a member nominated by any party as his representative) 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 the proceedings 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.
11. Conciliation proceedings:
1) After the constitution of the Conciliation Court, its Chairman shall ask the respondent to submit his written objection against the application within a period of three days, and fix 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.
2) The Conciliation Court shall try the case on the day fixed under sub-rule (1), but for sufficient reasons it may adjourn the hearing of the case, from time to tome, for a period which shall, in no case, exceed seven days at a time.
3) 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.
4) The Conciliation Court may at any stage of the case hold local inquiry in respect of any matter in dispute between the parties.
12. Non-appearance of petitioner:
1) If in any case the petitioner fails to appear before the Chairman of the Union council or the member concerned of the Ward or before the Conciliation Court, on the day the case is fixed for hearing and if in opinion of the Chairman of the Union Council or the member concerned of the Ward or the Chairman of the Conciliation Court, as the case may be, he shows negligence in prosecuting his case-
(a) If the case relates to Part I, the application shall be dismissed for default;
and
(b) If the case relates to Part II, the Chairman of the Union Council or the
member concerned of the Ward or the Chairman of the Conciliation
Court, as the case may be, shall record a finding that conciliation has
failed and may issue a certificate to that effect.
2) Where an application is dismissed under clause (a) of sub-rule (1) the petitioner may, within 15 days of the date of the dismissal, apply in, writing for its restoration to the Chairman of the Union Council or the member concerned of the Ward or the Chairman of the Conciliation Court, as the case may be, and if the said Chairman or member is satisfied the there was sufficient cause for his non-appearance and that he had not acted negligently, the said Chairman or the member may restore the application and fix a date for its hearing.
13. Non-appearance of respondent:
1) If, in any case on the date the case is fixed for hearing before the Conciliation Court, the respondent fails to appear and if, in the opinion of the Chairman of the Conciliation Court, he is negligent-
(a) If the case relates to Part I, the case may be heard and decided in the absence of the respondent; and
(b) If the case relates to Part II, the Chairman of the Conciliation Court shall record a finding that the Conciliation had failed and may issue a certificate to that effect.
2) Where a case is heard in the absence of the respondent under clause (a) of sub-rule (1) and is decided against the respondent, the respondent may, within 10 days of the date of the decision apply n writing for the restoration of the case to the Chairman of the Conciliation Court and if the Chairman is satisfied that there was sufficient cause for his non-appearance and that he had not acted negligently, the Chairman may restore the case and fix date for its re-hearing.
14. Decision by Conciliation Court:
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.
3) Every decision of the Conciliation Court shall be pronounced in open Court by the Chairman of the Conciliation Court.
15. Form of decree:
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, who shall then make the entries in the register of decrees in Form VI.
16. Modification of decision of Conciliation Court:
1) An application under sub-section (2) of Section 8 shall be in writing, be signed be the applicant, 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 Conciliation Court shall also be attached to the application.
17. Modification of decree or orders: Any order made under sub-section (2) of Section 8 by the Controlling Authority or the District judge, as the case may be, Shall be duly intimated to the Chairman of the Union Council concerned or the member concerned of the ward and the chairman of the Union Council or the member concerned of the ward, shall amend the decree or order accordingly and also make necessary entries to that effect in the register of decrees in Form VI.
18. Failure Certificate: The certificate under clause (b) of Sub-section (4) of Section 5 or under sub-Section (3) of Section 8 or under sub-rule (2) of rule 8, sub-rule (1) (b) of rule 12 or 13 shall be in Form VI.
19. Payment of decretal or compensation amount: 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.
20. Inspection of Record: The Chairman of the conciliation Court or when there is no such Court, the Chairman of the Union Council or the member concerned of the ward 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 rupees one.
21. Supply of copies: The Chairman of the Conciliation Court or when there is no such Court the Chairman of the Union Council or the member concerned of the ward 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 portion thereof, on payment of a fee calculated at the rate of twenty-five paisas for one hundred words or part thereof.
22. Receipt of fines and fees:
1) Whenever a fine is paid under Section 11 and 12 or is collected under Section 13 or any fee is realised under these rules, a receipt shall be given in Form VII which be serially numbered shall be kept in the office of the Union Council or of the member concerned and the counterfoil thereof of the ward.
2) All fines and fees under these rules shall form part of the funds of the Union Council, Municipal Committee or the Municipal Corporation concerned.
23. Register and record of cases:
1) The entries in the register of cases and the register of decrees and order shall be numbered in every year according to the order in which the applications are admitted or the decrees or orders are passed.
2) All records of the Conciliation Court including registers shall be deposited in the office of the Union Council, Municipal Committee or the Municipal corporation concerned and shall be preserved for a period of ten years in the case of registers and three years in the case of other records.
24. Recovery of decretal or compensation amount:
Where an amount is to be recovered under sub-section (3) 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 arrears of land revenue.
25. Recovery of fine:
The order stating the amount of fine be recovered under sub-Section (1) of Section 13 shall be forwarded to the Magistrate in Form X.
26. Submission of return of cases:
The Chairman of the Union Council or the member concerned of the Ward , as the case may be, 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 during the preceding half year ending on the 31st December and the 30th June respectively.
27. Transfer of case to Criminal Courts:
When a Conciliation Courts is of the opinion that in a case pending before it the ends of justice demand that the accused should be punished, it may forward the case to the Criminal Court in Form XII.
28. Admittance of claim or dispute by respondent:
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 or the member concerned of the Ward, as the case may be, no Conciliation Court shall be constituted.
29. Payment to parties:
Where the Conciliation Court or the Chairman of the Union Council or the member concerned of the ward 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.
30. Seal of the Conciliation Court:
1) There shall be kept in the office of every Union Council or of the member concerned of the Ward, as the case may be, a seal of the Conciliation Court which shall be circular in shape and shall bear the inscription “ Conciliation Court” and the name of the Union Council or the number of the Ward with the name of the Municipal Committee or the Municipal Corporation concerned.
2) The said shall be used on all summons, orders, decrees, copies and other documents issued under these rules.
FORMS
FORM I
(See rule 6)
REGISTER OF CASES
Name of Union Council ————————
Name of Municipal Corporation/
Committee and Ward Number——————
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Year |
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9 |
The name of the Chairman of the Conciliation Court, if he is different from the Chairman of the Union Council or Member concerned of the Ward.
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2 |
Number of the case |
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10 |
Subject-matter of dispute and Valuation.
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3 |
Date of admission |
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11 |
Substance of respondent’s objection, if any
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4 |
The name, description and address of the petitioner. |
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12 |
If the case ends in conciliation the decision arrived at and date of such decision.
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5 |
The name, description and address of the Respondent |
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13 |
Whether decision is unanimous, and if not, the ratio of the majority.
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6 |
If the case relates to Part II ,the name, if any , of The party objectiong to the Conciliation |
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14 |
Gist of order, if any, of Controlling Authority or District judge and the Date of such order
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The name of the representative ogThe petitioner |
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Remarks
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The name of the representatives of the respondent |
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FORM II
(See rule 7[8])
SUMMONS TO RESPONDENT
In the Union Council of ————- or Ward number of ———— Municipal Corporation/ Committee ————
To ————–
Whereas yours attendance is necessary to answer the application of ——–(here give the name of the application) in respect of his complaint/ claim for———————————- You are hereby required to appear before me on the ———– date of ———- 19———– at————–
Conciliation Court
Signature of the Chairman of the ——-
Union Council
Or Member concerned
of the ward
Date——–
Seal———
FORM III
(See rule 7[9])
SUMMONS TO A WITNESS
In the Conciliation court of the Union Council ———or Ward Number ——- of ——– Case No ———–
petitioner —————Vs——————– Respondent
To ——————
Whereas your attendance is required to depose about certain facts or/ and to produce the documents set out below on behalf of the petitioner/ Respondent in the above-noted case, you are hereby required to appear personally before this Court on the ——— day of ——— 19 ———- and to bring with you the following documents:-
1. ——————————
2. ——————————
3. ——————————
If you fail to comply with this order without lawful excuse, you will be liable to a fine under the provisions of the Conciliation Courts Ordinance, 1961.
Date the ———— day of ———- 19 ———
Seal —————–
Signature of the Chairman of the
Conciliation Court.
FORM VI
(See rule 18)
CERTEFICATE OF FAILURE OF CONCILIATION
In the Union Council ——– or ward number——– of ————- Certified that in case No——— of 19 ——–
Petitioner——————————Vs————————Respondent the Conciliation has failed for the following reason(s):–
1. ——————————
2. ——————————
3. ——————————
Signature of the Chairman
of the Union Council
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Member concemed of the
Ward.
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Chairman of the
Conciliation Court.
FORM V
(See rule 15)
FORM OF DECREE OF ORDER
In the Conciliation Court of the Union Council ———— or Ward number———– of —————- case No————— (here give the number in Form I)
Petitioner —————————–Vs ————————- Respondent Claim for ———– the application coming on this day for the final disposal before this conciliation Court, We unanimously / by a majority of ———— order that——–
Signature of the Chairman of the
Conciliation Court
Date ——————–
Seal ———————
FORM IX
(See rule 22)
RECOVERY OF AMOUNT
In the Union Council of ————- Ward Number—————————–of ——————
To ———————————– (Controlling Authority).
Whereas sum of Rs————- has remained unpaid in Case No————-of 19 ——— You are requested to recover the same under sub-Section (3) of Section 9 of the conciliation Courts Ordinance, 1961, from——— of ————— and the remit Mayor Municipal Corporation Concerned ——–
Signature of the Chairman of the
Conciliation Courts
Date————-
Seal————–
FORM X
(See rule 25)
RECOVERY OF FINE
In the Union Council of —————————————————- of ward Number ———————————— of —————————— to ———————— (the nearest Magistrate).
Whereas a sum of Rs———– has been imposed as fine on ———- (name) of ————– (address ) in case No———— and remains unpaid, You are requested to recover the fine under sub-section (1) of Section 13 of the Conciliation Courts Ordinance, 1961, and to remit the same to the Chairman of the Union Council /Municipal Committee of ——- Mayor Municipal Corporation of ——————-
Signature of the Chairman of the
Conciliation Court
Date———-
Seal———–
FORM XI
(See rule 26)
HALF-YEARLY RETURN OF THE CONCLIATION COURTS FOR THE PERIOD ENDING————
Union council of ———– or ward number —————————— Municipal Committee/ Corporation of —————————–
1. Year———————-
2. Number of cases instituted ———————-
3. Number of cases disposed of ———————-
4. Number of cases pending ———————-
5. Number of cases decided ———————-
6. Fees realised ———————-
7. Fines imposed ———————-
8. Fines realised ———————-
Signature of the Chairman of the
Union Council/ Ward Member concerned
Date ———-
Seal ———-
FORM XII
(See rule 27)
TRANSFER OF CASES TO THE CRIMINAL COURT
In the Union Council of ———— or ward number ——– of Municipal Committee / Corporation of ——————————— To —————— (Criminal Court).
Whereas in the opinion of the conciliation Court in the matter relating to the application appended, the end of the justice demand a punishment for the respondent —————- We hereby forward the case to you with the request that the case may be tried and disposed of in your Court.
Signature of the Chairman of the
Conciliation Court
Date ———–
Seat ———–
