West Pakistan Conciliation Courts Rules
1962
[Gazette of West Pakistan, Extraordinary,1st March 1962]
No.
Integ. 7-1/62.—In
exercise of the powers conferred by section 21 of the Conciliation Courts
Ordinance, 1961 (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 shall extend to the whole of theProvince 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 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.
3.
(1) An application under subsection (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 particulars :—
(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 I 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 ofPart II.
4.
When an application is rejected by the Chairman of the Union Council under
subsection (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 subsection (2) of section 4 shall be made
within 30 days 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 onwhich the application for revision is made.
6.
If the authority to whom an application is made under subsection (2) of section
4 is of opinion that the order passed by the Chairman of the Union Council
is mala fideor substantially unjust, it
shall return the application to the petitioner together with the order in
writing directing the Chairman of the Union Council to admit the application.
7.
(1) When an application has been admitted, its particulars shall be entered in
a register to be maintained in Form I, and the number and year of the case in
the said register shall also be endorsed on the application.
(2)
When a case is referred back under subsection (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 be in writing, in duplicate,
signed and sealed by the Chairman, of the Union Council, and after the
constitution of theConciliation Court, by the Chairman of theConciliation
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 theConciliation 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 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
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 to 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 (acknowledgement due) and the cost 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
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 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 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 to Part II and the parties agree to refer the case to
theConciliation Court or if the case relates to Part 1, 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 Courts gives its decision, the
Chairman of the Union Council is for any reason referred to in subsection (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 from the Chair-man, 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 representative) to act as
Chairman of the Conciliation Court.
(2)
The Controlling Authority may, pending the appointment of a Chairman of
theConciliation Court under rub-rule (1), stay the proceedings before
the Conciliation Court.
(3)
The name of the Chairman of theConciliation 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 fix the day, time and place where theConciliation
Court shall sit, and may direct the parties to pro-duce 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 a period which shall, in no case, exceed seven days at a time.
(2)
The Chairman of the Conciliation Courtshall 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 any 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 appear and if in the opinion of the Chairman of the Union,Council or 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 Chairman of theConciliation
Court, as the case may be, shall record a finding that the conciliation has
failed and may issue a certificate to that effect.
17. Where an application
is dismissed under clause (a) of the 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.
(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 Courtshall be pronounced in open Court by the Chairman of
the Conciliation Court.
(1) An application under
subsection (2) of section 8 shall be in writing, shall be signed by the
applicant, 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 theConciliation 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 subsection (4) of section 5 or under subsection (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.
(1) The Chairman of the
Union Council shall then make the. entries in the register of decrees in Form
VI.
(2) Any order made under
subsection (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 and the Chairman of the Union Council shall amend the decree
or order accordingly and shall also make necessary entries to that effect in
the register of decrees 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 of any
portion thereof, on payment of a fee calculated at the rate of twenty-five
paisa for one hundred words or part thereof.
(1) Whenever a fine is
paid under section 11 or section 12 or is collected under section 13 or any fee
realised under these rules, a receipt shall be given in Form VII which shall be
serially numbered and the counter-foil thereof shall be kept in the office 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 registers, shall be deposited in the office 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 subsection (3) of section 9, the Chairman of
theConciliation Court shall send the particulars in Form IX to the
Controlling Authority for recovery of the same as arrears of land revenue.
32. The order stating
the amount of fine to be recovered under subsection (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 the 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.
(1) There shall be kept
in the office of every Union Council a seal of the Conciliation Courtwhich
shall be circular in shape and shall bear the inscription "Conciliation
Court" and the name of the Union.
(2) The said seal shall
be used on all summons, orders, decrees, copies and other documents issued
under these rules.
FORM 1
(See rule 7)
REGISTER OF CASES
Union Committee of………………..
|
Year
|
Number of the
case
|
Date of
admission
|
The name
description and address of the petitioner
|
The name
description and address of the respondent
|
If the case
relates to Part II, the name if any of the party objecting to the
conciliation
|
The names of
the representatives of the petitioner
|
The names of
the representatives of the petitioner
|
The name of
the Chair man of theConciliation Court if he is different from the chair
man of the Union Committee
|
Subject matter
od dispute and valuation
|
Substance of
respondents objection if any
|
If the case
ends in conciliation the decision arrived at and date of such decision
|
Whether
decision I sunanimous and if not the retion of the majority
|
Gist of the
order if any of Controlling Authority or District Judge and the date of such
order
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
FORM II
[See rule 9 (1)]
SUMMONS TO A RESPONDENT
In the
Union Committee of …………………….…………………….
To…………………….…………………….…………………….………………
Whereas your attendance is necessary to answer the application of
................................................................................
in
respect of his complaint/claim for…………………….…………………….
…………………….…………………….…………………….…………………….…………………….…………………….…………………….…………………….
hereby
required to appear before me on the …………………….…………………….day
of…………………….19…………………….at
…………………….
Signature
of the Chairman of theConciliation Court
Union
Committee
Date………………
Seal……………..
FORM III
[See rule 9 (2)]
SUMMONS TO A WITNESS
In
the Conciliation Court of the Union Committee of…………………….…………………….…………………….…………………….case
No…………………..
…………………….Petitioners
vs…………………….…………Respondent
To…………………….…………………….…………………….…………………….…………………….…………………….…………………….…………………….
Whereas
your attendance is required to depose about certain facts or/and
Petitioner
to
produce the documents set out belowon behalf of
the in
Respondent
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 fine under the
provisions of the Conciliation Courts Ordinance, 1961.
Dated
the ………………………… day of ……………………… l9………….
Signature
of the Chairman of the
Seal. Conciliation
Court.
FORM IV
(See rule 21)
CERTIFICATE OF FAILURE OF CONCILIATION
In the Union Committee
of…………………….…………………….
Certified that in case
No…………………….of 19…………………….
…………………….…………………….petitioner versus …………………….
…………………….…………………….respondent, the conciliation has failed
for the following reason(s) :‑
for the following reason(s) :‑
1…………………….…………………….
2…………………….…………………….
3…………………….…………………….
Signature of the
Chairman of the Union Committee.
Conciliation Court.
Date …………………….…………………….
Seat …………………….…………………….
FORM V
(See rule 23)
FORM OF DECREE OR ORDER
In the Conciliation
Court of the Union Committee of…………………….…………………….…………………….Case
No in Form
I …………………….…………………….……………………. Petitioner.
Versus
…………………….…………………….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 VI
(See rule 24)
REGISTER OF DECREES AND ORDERS
Union Council of…………………….…………………….
|
Year
|
Sr. No
|
No. and year
if the case in Form I
|
The name of
the petitioner
|
The name of
the respondent
|
Date of decree
or order
|
Particulars of
decree or order
|
Whether
satisfied in presence of the Concilliation court
|
Order of any
of the controlling Authority or the District Judge
|
Date before
which the decree is to be satisfied or compensation is to be paid
|
Date of
satisfaction
|
If the decree
is not satisfied or the compensation is not paid within the prescribed period
the particulars of steps taken
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
FORM VII FORM VII
(See rule 27)
RECEIPT OF FINE OR FEES
1. Name of the Union
Committee…………………….…………………….
2. Name of the payer ... …………………….…………………….………
3. The amount of fine or
fee paid…………………….…………………….
4. Particulars…………………….…………………….…………………….
5. Date of payment…………………….…………………….…………………….
Chairman
of the Union Committee.
Signature of
the Chairman of the Conciliation Court.
SEAL.
FORM VII FORM VII
(See rule 27)
RECEIPT OF FINE OR FEES
1. Name of the Union
Committee…………………….…………………….
2. Name of the payer ... …………………….…………………….………
3. The amount of fine or
fee paid…………………….…………………….
4. Particulars…………………….…………………….…………………….
5. Date of payment…………………….…………………….…………………….
Chairman
of the Union Committee.
Signature of
the Chairman of the Conciliation Court.
SEAL.
FORM VIII
[See rule 27 (2) ]
REGISTER OF FINES AND FEES
Union Committee of ………………………..
|
Sr. No
|
The name of the prayer
|
Amount realized
|
Particulars
|
The date of receipt
|
The number of receipt in form VII
|
Signature of the Chairman of the
Union Committee
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
FORM IX
(See rule 31)
RECOVERY OF AMOUNT
In the Union,
Committee of ………………………………………..……………………..
……………………..To……………………..……………………..(Controlling
Authority).
Whereas a sum of
Rs……………………..…………………….. has remained
unpaid in case No,
……………………..……………………..of 19……………………..you are requested
to recover the same
under subsection (3) of section 9 of the Conciliation
Courts Ordinance, 1961,
from ……………………..……………………..
of
……………………..……………………..…………………and to remit the amount to
the Chairman of the
Union Committee……………………..……………………..
……………………..……………………..……………………..
Signature
of the Chairman of the
Conciliation
Court.
Date ……………………..
Seal ……………………..
FORM X (See rule 32)
RECOVERY OF FINE
In the Union Committee of……………………..
To……………………..(The nearest
Magistrate). ……………………..……………………..
Whereas a sum of Rs
……………………..……………………..has been imposed as
fine
on……………………..…………………….. (name of) ……………………..
…………………….. ……………………..
(address) and it has not been
recovered, you are requested to recover the fine under subsection (1) of section 13 of the Conciliation Courts Ordinance, 1961, and to remit the same to the Chairman of the Union Committee of ……………………..……………………..:
recovered, you are requested to recover the fine under subsection (1) of section 13 of the Conciliation Courts Ordinance, 1961, and to remit the same to the Chairman of the Union Committee of ……………………..……………………..:
Signature
of the Chairman of the
Conciliation
Court.
Date
……………………..……………………..
Seal
……………………..……………………..
FORM XI
(See rule 33)
HALF YEARLY RETURN OF THE CONCILIATION COURTS
Union
Committee 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
Committee.
Date
……………………..……………………..
Seal
……………………..……………………..
FORM XII
(See rule 34)
TRANSFER OF CASES TO THE CRIMINAL COURT
In the Union Committeeof……………………..……………………..
To……………………..……………………..
(Criminal Court).
Whereas in the opinion
of the Conciliation Court the matter relating to the application appended, the
ends 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.
forward the case to you with the request that the case may be tried and disposed of in your Court.
Date
…………………….. Signature
of the Chairman of the
Seal
…………………….. Conciliation
Court.
[File No. 1 (1)/62
Legis.]
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