The Manipur (Village Authorities in Hill Areas) Act, 1956
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 41 Decision of village courts.
When the parties or their agents have been heard and the evidence on both sides considered, the village court shall, by written order, pass such decree as may seem just, equitable and according to good conscience, stating in the decree the amounts payable as fees under section 45, and the amount, if any, paid to witnesses under section 51 and the persons by whom such amounts are payable.
Section 42 Instalments.
A village court in ordering the payment of a sum of money or the delivery of any movable property may direct that the money be paid or the movable property be delivered, by instalments.
Section 43 Decision of village court to be final; but power to order retrial.
The decision of a village court in any suit shall be final as between the parties to the suits:
Provided that the district judge may on application of any party to the suit made within thirty days from the date of the decree of the village court, cancel or modify the decree or order of the village court or direct a retrial of the suit by the same or any other village court or by any other court subordinate to him if he is satisfied that there has been a failure of justice.
Provided that the district judge may on application of any party to the suit made within thirty days from the date of the decree of the village court, cancel or modify the decree or order of the village court or direct a retrial of the suit by the same or any other village court or by any other court subordinate to him if he is satisfied that there has been a failure of justice.
Section 44 Death of parties.
If the plaintiff or defendant in any suit dies before the suit has been decided, the suit may, subject to the provisions of clause (d) of section 31, be proceeded with at the instance of or against the legal representatives of the deceased plaintiff or defendant, as the case may be.
Section 45 Fees.
(1) In all suits instituted in a village court a fee of one anna in the rupee shall be payable in advance by the plaintiff on the amount of the claim upto fifty rupees, and of half anna for every rupee of the claim above fifty rupees, and such fees shall not be paid to either party.
(2) If the claim in the suit is decreed in full, the amount equal to the fee shall be realised from the judgement-debtor together with the amount decreed.
(3) If the claim in a suit is decreed in part, an amount equal to a proportionate part of the fee shall be realised from the judgement-debtor together with the amount decreed.
(4) Any amount realised under sub-section (2) or sub-section (3) shall be paid to the decree-holder.
(2) If the claim in the suit is decreed in full, the amount equal to the fee shall be realised from the judgement-debtor together with the amount decreed.
(3) If the claim in a suit is decreed in part, an amount equal to a proportionate part of the fee shall be realised from the judgement-debtor together with the amount decreed.
(4) Any amount realised under sub-section (2) or sub-section (3) shall be paid to the decree-holder.
Section 46 Execution of decree.
(1) If the village court passing a decree is unable to effect satisfaction thereof, it shall grant the decree-holder a certificate to that effect stating the amount due to him on account of the decree and the amount due on account of fees under section 45.
(2) Any decree-holder wishing to execute a decree of a village court may apply to the court of the munsiff within the local limits of whose jurisdiction the village is situated and shall present with his application a certified copy of the decree of the village court; but no application for execution shall be entertained by the court of the munsiff,—
(a) unless the village court has certified that it is a unable to effect satisfaction of the decree, and
(b) unless the application is made after the expiry of three months from the date of the decree.
(3) In executing a decree of the village court the court of the munsiff shall have the same powers and shall follow the same procedure as if it were executing a decree passed by itself.
(2) Any decree-holder wishing to execute a decree of a village court may apply to the court of the munsiff within the local limits of whose jurisdiction the village is situated and shall present with his application a certified copy of the decree of the village court; but no application for execution shall be entertained by the court of the munsiff,—
(a) unless the village court has certified that it is a unable to effect satisfaction of the decree, and
(b) unless the application is made after the expiry of three months from the date of the decree.
(3) In executing a decree of the village court the court of the munsiff shall have the same powers and shall follow the same procedure as if it were executing a decree passed by itself.
Section 47 Limitation for execution of decree or order.
An application for execution of a decree of a village court made after the expiry of three years from the date of the decree or of any order under section 43 modifying any such decree, shall be dismissed, although limitation has not been pleaded:
Provided that where the application is made for execution of a decree or order to enforce payment of a sum of money or delivery of any movable property which the decree or order directs to be made at a certain date, the application may be made within three years from that date.
Provided that where the application is made for execution of a decree or order to enforce payment of a sum of money or delivery of any movable property which the decree or order directs to be made at a certain date, the application may be made within three years from that date.
Section 48 Procedure before village courts.
(1) The provisions of—
(a) the Court Fees Act, 1870 (7 of 1870),
(b) the Code of Criminal Procedure, 1898 (5 of 1898), and
(c) the Code of Civil Procedure, 1908 (5 of 1908),
shall not apply to any trial or any criminal case or civil suit before a village court.
(2) The procedure to be followed by a village court in any criminal case or civil suit and in the enforcement of its decisions, sentences, decrees and orders, and in the method of forming a quorum shall be prescribed by rules made under this Act.
(3) The Indian Evidence Act, 1872 (1 of 1872) shall not apply in the trial of any case or suit by a village court but the village court shall observe as far as possible the principles underlying that Act.
(a) the Court Fees Act, 1870 (7 of 1870),
(b) the Code of Criminal Procedure, 1898 (5 of 1898), and
(c) the Code of Civil Procedure, 1908 (5 of 1908),
shall not apply to any trial or any criminal case or civil suit before a village court.
(2) The procedure to be followed by a village court in any criminal case or civil suit and in the enforcement of its decisions, sentences, decrees and orders, and in the method of forming a quorum shall be prescribed by rules made under this Act.
(3) The Indian Evidence Act, 1872 (1 of 1872) shall not apply in the trial of any case or suit by a village court but the village court shall observe as far as possible the principles underlying that Act.
Section 49 Persons who are to preside over village courts.
(1) The village court shall be presided over by the chairman of the Village Authority if he is a member of the court.
(2) If the chairman of the Village Authority is absent from a sitting of the village suit of if he is not a member of the court shall elect its own President.
(3) In the case of difference of opinion among the members of the court the opinion of the majority shall prevail and the decisions and orders of the court shall be expressed in terms of the views of the majority.
(4) In the case of an equality of votes the person presiding over the court shall have a second or casting vote.
(2) If the chairman of the Village Authority is absent from a sitting of the village suit of if he is not a member of the court shall elect its own President.
(3) In the case of difference of opinion among the members of the court the opinion of the majority shall prevail and the decisions and orders of the court shall be expressed in terms of the views of the majority.
(4) In the case of an equality of votes the person presiding over the court shall have a second or casting vote.
Section 50 Village courts not to try any case or suiting in which the Village authority or any member thereof is interested.
No village court shall try any criminal case or any civil suit to or in which the Village Authority or any member thereof is a party or is interested.
Section 51 Attendance of witnesses.
(1) Subject to the provisions of section 53 a village court may by summons or otherwise send for any person to appear and give evidence or to produce or cause the production of any document.
(2) A village court shall refuse to summon a witness or to enforce a summons already issued against a witness, where in the opinion of the court the attendance of the witness cannot be procured without an amount of delay, expense, or inconvenience which under the circumstances of the case would be unreasonable.
(3) A village court shall not require any person living at a distance of five miles or more from the seat of the village court to give evidence or produce any document unless such sum of money be paid to him as appears to the court to be sufficient to defray his travelling and other expenses in passing to and from the court and for one day's attendance.
(4) If any person whom a village court summons by written order to appear or give evidence or to produce any document before it, fails to obey such summons, such person shall be guilty of an offence and the village court may take cognizance of such offence and may sentence any person convicted thereof to a fine not exceeding twenty-five rupees.
(2) A village court shall refuse to summon a witness or to enforce a summons already issued against a witness, where in the opinion of the court the attendance of the witness cannot be procured without an amount of delay, expense, or inconvenience which under the circumstances of the case would be unreasonable.
(3) A village court shall not require any person living at a distance of five miles or more from the seat of the village court to give evidence or produce any document unless such sum of money be paid to him as appears to the court to be sufficient to defray his travelling and other expenses in passing to and from the court and for one day's attendance.
(4) If any person whom a village court summons by written order to appear or give evidence or to produce any document before it, fails to obey such summons, such person shall be guilty of an offence and the village court may take cognizance of such offence and may sentence any person convicted thereof to a fine not exceeding twenty-five rupees.
Section 52 Appearance of parties before village courts.
(1) The parties to criminal cases triable by a village court shall appear personally before the court:
Provided that the village court, if it sees reason so to do, may dispense with the personal attendance of the accused and permit him to appear by agent.
(2) The parties to civil suits triable by a village court may appear by agent.
Explanation.—In sub-section (1) and sub-section (2), "agent" means a full-time servant or a partner or a relative of the party whom the village court may admit as a fit person to represent that party and who is authorised to appear and plead for such party.
(3) Notwithstanding anything contained in any law, legal practitioners shall not be permitted to practice before a village court.
Provided that the village court, if it sees reason so to do, may dispense with the personal attendance of the accused and permit him to appear by agent.
(2) The parties to civil suits triable by a village court may appear by agent.
Explanation.—In sub-section (1) and sub-section (2), "agent" means a full-time servant or a partner or a relative of the party whom the village court may admit as a fit person to represent that party and who is authorised to appear and plead for such party.
(3) Notwithstanding anything contained in any law, legal practitioners shall not be permitted to practice before a village court.
Section 53 Appearance of women.
No woman shall, against her will, be compelled to appear in person before a village court as an accused or as a party or as a witness.
Section 54 Realisation of fees, fines, etc.
All fees and fines imposed, all sums decreed or compensation awarded and all sums due on bonds under this Act may be realised under orders of the village court in such manner as may be prescribed.
Section 55 Registers and records.
Every village court shall maintain registers and records and submit such returns as may be prescribed.
Section 56 Language of village courts.
All proceedings before a village court shall be Manipuri.
Section 57 Power to make rules.
(1) The Chief Commissioner may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the preparation, revision and final publication of electoral rolls for election of members of a Village Authority and the particulars to be entered in such rolls;
(b) the preliminary publication of electoral rolls in the village to which they relate;
(c) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred and the authority by whom such claims and objections may be decided;
(d) the nomination of candidates, the time and manner of holding elections and the manner in which votes shall be given;
(e) any other matter relating to elections to Village Authorities or election disputes arising therefrom;
(f) the regulation of the conduct of business of the Village Authorities and the number of members necessary to form a quorum;
(g) the registers and records to be maintained and the returns to be submitted by Village Authorities and village courts and the particulars to be entered in such registers, records and returns;
(h) the procedure to be followed by a village court in the institution, trial and disposal of criminal cases and civil suits and the number of members necessary to form a quorum of a village court;
(i) the issue, service or execution of summons and other processes by village courts and the issue and service of notice by village Authorities;
(j) the procedure for the transfer of criminal cases and civil suits from one village court to another village court or to any other court;
(k) the procedure for the execution of decrees, orders and sentences of village courts;
(l) the fees to be levied by village courts for copies of documents and the procedure to be followed in furnishing such copies; and
(m) any other mater which has to be or may be prescribed under this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the preparation, revision and final publication of electoral rolls for election of members of a Village Authority and the particulars to be entered in such rolls;
(b) the preliminary publication of electoral rolls in the village to which they relate;
(c) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred and the authority by whom such claims and objections may be decided;
(d) the nomination of candidates, the time and manner of holding elections and the manner in which votes shall be given;
(e) any other matter relating to elections to Village Authorities or election disputes arising therefrom;
(f) the regulation of the conduct of business of the Village Authorities and the number of members necessary to form a quorum;
(g) the registers and records to be maintained and the returns to be submitted by Village Authorities and village courts and the particulars to be entered in such registers, records and returns;
(h) the procedure to be followed by a village court in the institution, trial and disposal of criminal cases and civil suits and the number of members necessary to form a quorum of a village court;
(i) the issue, service or execution of summons and other processes by village courts and the issue and service of notice by village Authorities;
(j) the procedure for the transfer of criminal cases and civil suits from one village court to another village court or to any other court;
(k) the procedure for the execution of decrees, orders and sentences of village courts;
(l) the fees to be levied by village courts for copies of documents and the procedure to be followed in furnishing such copies; and
(m) any other mater which has to be or may be prescribed under this Act.
Section 58 Repeal and savings.
The Manipur State Hill Peoples (Administration) Regulation, 1947, in so far as it relates to the constitution and functions of village Authorities and the administration of justice, both civil and criminal, by courts of village Authorities, is hereby repealed:
Provided that the said repeal shall not affect—
(a) the previous operation of the said Regulation, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Regulation, or
(c) any penalty, forfeiture or punishment in respect of any offence committed under the said Regulation, or
(d) any investigation, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture of punishment may be imposed as if this Act had not been passed:
Provided further that subject to the above provisions, anything done or any action taken (including any appointment or delegation made or any notification, instruction or direction issued or any rule, regulation or form made or framed) under the said Regulation shall in so far as such thing or action is not inconsistent with the provisions of this Act, continue in force, and be deemed to have been done or taken under the corresponding provisions of this Act, unless and until it is superseded by anything done or any action taken under the provisions of this Act.
Provided that the said repeal shall not affect—
(a) the previous operation of the said Regulation, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Regulation, or
(c) any penalty, forfeiture or punishment in respect of any offence committed under the said Regulation, or
(d) any investigation, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture of punishment may be imposed as if this Act had not been passed:
Provided further that subject to the above provisions, anything done or any action taken (including any appointment or delegation made or any notification, instruction or direction issued or any rule, regulation or form made or framed) under the said Regulation shall in so far as such thing or action is not inconsistent with the provisions of this Act, continue in force, and be deemed to have been done or taken under the corresponding provisions of this Act, unless and until it is superseded by anything done or any action taken under the provisions of this Act.