The B

PUBL

(NO. PATNA 97) PA

No.-2P/L6-110/2006

Bihar Panchayat Raj Act, 20

Rules :-

BIHAR G

Short title, extent and

(i)

These Rules may

(ii) These Rules sha

(iii) They shall come

the Gazette.

In these Rules, unless

(a) “Act” means Bi

(b) “Bench” means

trial of any case

appeal preferred

quorum;

(d) “Criminal Case

Bench of the Gra

(e) “Director, Panc

on publishing no

REGISTE

Bihar Gaze

XTRA ORDIANARY

LISHED BY AUTHORIT

12 CHAITRA 1931 (S)

ATNA, THURSDAY, 2ND APRIL 200

PANCHAYATI RAJ DEPARTMENT

————

NOTIFICATION

6th January 2009

6/ 58—In exercise of the powers conferred by

006 (Bihar Act 6, 2006) the Governor of Bihar

GRAM KACHAHARI CONDUCT RULES, 20

d commencement :-

y be called the “Bihar Gram Kachahari Condu

all extend to the whole of Bihar.

e into force with effect from the date of publicati

s there is anything repugnant in the subject or con

ihar Panchayat Raj Act, 2006 (Bihar Act 6 of 200

s bench of the Gram Kachahari constituted for h

filed under Section 101 of the Act;

means full bench of the Gram Kachahari constitu

d under Section 112 of this Act for which seven

e” means criminal proceeding relating to any

am Kachahari;

chayat Raj” means an officer especially appoin

otification in the official Gazette by the State Gov

ERED NO. PT.-40

ette

y section 146 of the

makes the following

007

uct Rules, 2007”.

ion of Notification in

ntext :-

06);

earing of any suit or

uted for hearing any

Panch will form the

crime triable by the

nted for this purpose

vernment;

BIHAR GAZETTE (EXTRA) 2ND APRIL 2009

(f)

“Deputy Director (Panchayat Raj)” means an officer especially appointed for the

state or the Commissionery of the state, as the case may be after publishing

notification in the official Gazette by the State Government;

(g) “District Panchayat Raj Officer” means the district Panchayat Raj Officer of any

district appointed by the State Government which include such another officer

especially appointed under this Act by the State Government for discharging all or

any work of the district Panchayat Raj Officer;

(h) “Gram Panchayat Supervisor” means Block level Panchayat officer or Block

Panchayat Raj Officer especially appointed by the State Government with a view to

supervising and inspecting accounts, proceedings and records of Gram Panchayats of

the State and Gram Kachaharis or their benches;

(i)

“Form” means a form the draft of which has been provided in the schedule of these

Rules;

(j)

“Section” means Section of the Bihar Panchayat Raj Act, 2006;

(k) “Gram Kachahari” means Gram Kachahari constituted under sub section (I) of

Section 90 of the Bihar Panchayat Raj Act, 2006;

(l)

“Munsif” means such a Munsif who has local jurisdiction in the area where such a

Gram Kachahari has been constituted and which includes court of small causes;

(m) "Sarpanch" means sarpanch of Gram Kachahari elected under sub section (a) of

Section-90 of the Act;

(n) "Up Sarpanch" means Up Sarpanch of Gram Kachahari elected under sub-section-

3(I) of Section-93 of the Act;

(o) "Panch" means a Panch of Gram Kachahari elected under sub-section-1(b) of

Section-90 of the Act;

(p) "Suit" means a suit triable by the bench / full bench of the Gram Kachahari'

(q) Word and expressions used but not difined in these Rules shall bave the same

meaning as has been assigned to them in the Act;

CHAPTER-1

CONSTITUTION OF THE BENCH AND ITS PROCEDURE

Sarpanch will display the name of persons elected as Panch for Gram Kachahari on the

notice Board of Gram Kachahari immediately after the election of Sarpanch and Panch is

concluded.

Secretary of Gram Kachahari will function as Peshkar of Gram Kachahari and fillup the

forms prescribed in these Rules and he will also be responsible for the safety of records of

the Gram Kachahari, collection of fees and amount of fine, proper maintenance and

preservation of accounts on their deposits.

Records of each suit or case to be filed in Gram Kachahari include order sheet, evidence of

witnesses and final order given by the bench in form no.1. These records will include

applications and documents filed by the parties, summons returned after being served to

the defendants and witnesses and implementation report of other procedures. The whole

procedure of a suit or case shall be a part of the record after the appeal has been preferred.

The Sarpanch will display a notice on the notice board of the Gram Kachahari in

consultation with the Panches specifying the date and time of sittings to be held by the

Bench.

The following will be recorded in the order sheet along with other matters :-

(a) Date of application for filing suit or case and orders given thereon,

(b) Date of each hearing and proceeding;

(d) Whether the Sarpanch or any Panch is absent,

(e) Signature of members of the bench on each date,

(f) Name of such members of the Bench who are present but refused to sign the order

sheet,

BIHAR GAZETTE (EXTRA), 2ND APRIL 2009

(g) Date for which hearing of suit or case has been postponed and causes of

Postponement,

(h) Name of persons who have been examined or have turned up as witnesses;

(i) Abstract of applications and orders given on them;

(j) Final orders given on the suit or case; and

(k) other matters which the Bench may deem necessary.

The following forms and Registers will be maintained in Gram Kachahari :-

(1) Order sheet in form (1)

(2) Register of Civil suit in form (2)

(3) Register of criminal suit in form (3)

(4) Counter foil book of summons served to the defendant or accused inform (4)

(5) Counter foil book of summons served to witnesses in form (5)

(6) Bailable warrant to appear before Gram Kachahari in form (6)

(7) Counter foil book of receipts in form - 7

(8) Order to realise fine in form -8

(9) Cash book of Gram Kachahari in form - 9

(10) Recognizance bond to be signed by the witness to go on appearing in form-10

(11) List of documents produced in form -11

(12) Register of application forms to be given for copying inform -12

The Gram Kachahari will hold its meetings at the place where its office is located.

10.

(1) Sarpanch of Gram Kachahari will get the summons served on the defendant or

accused by the Secretary of Gram Kachahari in the manner stated hereinafter.

(2) If the summons is not returned after being served by the appointed date it will again

be served if need be.

11.

Each summons issued in duplicate by Gram Kachahari in form 4 or 5, as the case may be,

will be signed by the Sarpanch or in his absence by Deputy Sarpanch and it will bear the

seal of Gram Kachahari.

12.

(1) If it is practicable summons will be served on the person to be called by giving a

copy of it personally to him.

(2) Each person, on the summons has been served in this manner, will sign/put his thumb

impression on the back of the duplicate copy of the summons after receiving it.

(3) If a person on whom summons has been served refuses to acknowledge it, the officer

serving the summons will endorse the same on its duplicate copy and get it

authenticated at least by one witness and then that summons will be deemed to have

been duly served.

(4) If the person on whom summons has been served is found to be traceless after

adequate efforts, its copy shall be left with an adult male member of the family

residing jointly with him who will sign its duplicate copy. If he refuses to sign the

acknowledgement of summon the officer serving it will follow the procedure laid

down in sub rule (3).

(5) If the summons is not served in the manner mentioned in this rule despite adequate

efforts, the officer serving it will get a copy of the same pasted on a conspicuous

place of the house in which he lives, endorse the same on its back and get the

endorsement authenticated at least by one witness and then that summons will be

deemed to have been duly served.

(6) Where the summons issued by a Gram Kachahari is needed to be served outside the

local juridction of that Gram Kachahari the Sarpanch will endorse two copies of the

summons and send them to the Sarpanch of that Gram Kachahari in whose local

juridiction the person summoned lives or is found. The Sarpanch to whom summons

is sent under rule-12 will get it served in the manner in which he would have served

the summons issued by himself.

13.

Where the bench of Gram Kachahari is unable to ensure the appearance of an accused it

will give report of his whereabouts and will forward bailable warrant in form-6 under

Section 119(3) of the Act to Chief / Additional / Sub Judicial Magistrate to apprehand

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BIHAR GAZETTE (EXTRA) 2ND APRIL 2009

such accused. Such judicial Magistrate will countersign the warrant and forward it to the

officer incharge of the police station in whose juridiction the accused is likely to be found.

Such officer incharge will execute the warrant and take necessary steps to ensure the

appearance of the accused before the bench at the time of his trial.

14.

Each suit or case will generally be disposed of within six weeks from the date of its filing.

15.

With a view to finding out the facts of a suit or proceeding the Sarpanch or the bench can

enter the land or house related to the suit or Proceeding from sunrise to sunset by giving

prior information and showing cause to its owner. If that land or house is in possession of

ladies who live in Purdah as per customs of the place will be duly intimated to shift from

there. In such a case there must be a lady among the Sarpanch or members of the bench.

16.

(1) The Gram Kachahari shall have its own seal bearing the words "Gram Kachahari

....... Gram Panchayat" in Hindi language.

(2) The seal will be in possession of Sarpanch which will be used for all summons,

orders and certified copies issued by him and all documents filed in Gram Kachahari.

17.

A person who has been exempted from appearing in person in Civil Court under Sub-

section-(1) of Section - 133 code of civil procedure shall not be compelled to appear

before the bench in any suit.

18.

(1) Two Panches out of the Panches of Gram Kachahari to be nominated by the parties

concerned and two other Panches elected by Sarpanch shall constitute the bench of

Gram Kachahari. There must be at least one lady member in the bench.

(2) Where there is more than one plaintiff / defendant / accused they shall nominate the

Panch together.

Provided that the same set of Panches shall not be elected again unless all the

Panches included in the list are provided opportunity to join the bench of Gram Kachahari.

19.

If both the parties appear before the Sarpanch or Up-Sarpanch, as the case may be, at the

time of filing the suit or case they will nominate Panches out of the list of Panches at that

very time.

(2) If a co-plaintiff or co-defendant of a suit or an accued or co-accued of a case does not

agree to a common name out of the list of the Panches within twenty four hours of his

appearing before the Sarpanch or in his absence Up-Sarpanch, the Sarpanch or Up-

Sarpanch will nominate one Panch out of the list of Panches to represent Co-plaintiff,

Co-defendant or Co-accued in the bench.

(3) Party to a suit shall :-

(i) Nominate a Panch on behalf of the defendant accued the next succeeding day

from the day on which he is summoned to appear and if he fails to do so the

Sarpanch or in his absence Up-Sarpanch shall nominate a Panch out of the

Panches of Gram Kachahari on behalf of the Party to the suit.

(ii) The plaintiff of a case shall nominate a Panch on the day of filing the case itself.

(4) Notwithstanding the trial of a suit or case being in progress, service of a Panch is not

available at any time for a period of seven days and if a Panch is prevented from

taking part in the proceedings, another Panch will be nominated next day by the party

concerned or will be elected by the Sarpanch or Up-Sarpanch, as the case may be;

Provided that if a party fails to nominate the Panch within the period stipulated in the

rule the Sarpanch or Up-Panch, as the case may be, shall nominate a Panch out of the

Panches of Gram Kachahari on behalf of the party as per procedure mentioned.

BIHAR GAZETTE (EXTRA), 2ND APRIL 2009

CHAPTER - 2

CIVIL SUITS

20.

The Sarpanch shall admit the Civil Suit under the provisions of Section-110 of the Act if

the proceeding of suit is initiated wholly or partially within the local jurisdiction of Gram

Kachahari or if the defendant ordinarily lives or carries on his buisnets within that

jurisdiction.

21.

(1) All suits shall be filed by giving application in writing under the Panchayat Act. The

application shall contain name of parties concerned amount of claim, short statement

of main points on which the parties concerned depend and the relief claimed.

(2) Before admitting the application under this rule the Secretary of Gram Kachahari

shall realise feels of Rs. 10 in cash as per value of the suit or at the rate of Rs. 1/- for

a part thereof.

22.

As soon as a suit is filed to the Sarpanch he will take a decision whether it is triable by the

bench mentioned in this Act. If the Sarpanch is satisfied that the trial of the suit is beyond

the jurisdiction of the bench of Gram Kachahari he will return the said application to the

plaintiff and tell him which of the court is of suitable jurisdiction and will mention the

matter to this effect in that application :

Provided that before giving orders to return the application the applicant will be

provided reasonable opportunity of being heard.

23.

Under rule 31 the plaintiff will submit his application with such number of copies as there

are defendants in the suit.

24.

It the Sarpanch does not return the application as per rule 22 and the defendant do not turn

up before him, summons will be issued to them all with copies of application keeping in

view their number and they will be asked to turn up and show cause why the claim of

plaintiff should not be entertained. Date and time for their appearance should also be

mentioned in the summons.

25.

If the defendant does not turn up in person or through the person authorised by him under

section 117 of the Act in compliance with the summons issued under rule 24, the hearing

of the suit may be done ex parte by the bench.

26.

If any document is produced before the bench the person producing it may take that back

by giving a copy of it provided the Sarpanch is satisfied that it is the true copy.

27.

If the bench of Gram Kachahari gives judgement in the suit to give decree wholly or

partially it will contain the following details :-

(a) name of parties, their father's name and address related with the suit;

(b) claim and details of claim;

(d) the amount of decree with cost given in the suit or any other relief provided and

amount of interest sanctioned.

(2)(i) If the bench gives order to pay some money or grant any moveable property, it will

fix a date in its order when the said amount or moveable property is paid or granted

to the party in its presence who is entitled to get it as per order and the bench will

mention such payment or grant in its order sheet and the person getting payment or

property will give receipt threof which will be attached to the record.

(ii) If such payment or grant is to be made in instalments, the date of every instalment

shall be fixed in the order.

(iii) In the case of claim for amount interest may be realised at the rate of 6% per annum

according to the judgement of the bench of Gram Kachahari and such interest will be

realised from the judgement debtor from the date on which the claim has been made

for the said amount till the date of realisation of amount of decree.

28.

If it is proved to the satisfaction of the bench that a suit has been settled wholly or partially

by any legal agreement or compromise or if the defendant has paid the amount related

with suit to the plaintiff wholly or partially, the bench will record such agreement,

compromise or payment in writing and so far as the suit is concerned it will pass decree as

per agreement etc. mentioned above.

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BIHAR GAZETTE (EXTRA) 2ND APRIL 2009

29.

(1) If the amount of decree is not paid or the property is not delivered on the date decided

as per sub-rule (2) of Rule - 27, the decree holder shall give an application to the

sarpanch requesting him to execute his decree.

(2) The amount for execution of decree will be Rs. 10/- which the decree holder will pay

in cash at the time of giving application to get the decree executed passed by the

bench of Gram Kachahari.

30.

If the bench of Gram Kachahari is unable to execute its decree it will refer such decree to

the munsif for execution, who will execute it as if it were passed by the munsif himself.

31.

Whenever a defendant is to pay the fine the Sarpanch will take action to realise it. In case

the bench of Gram Kachahari is unable to realise the fine imposed by it in a case for some

reasons, it will refer the order imposing such fine to Chief/Additional/Sub-Judicial

Magistrate for execution in Form-8, who will realise the fine from the person against

whom such order has been passed in the disputed matter as if it were passed by the same

Magistrate.

CHAPTER - 3

CRIMINAL CASES

32.

Any complaint case to be filed under section 106 of the Act may be filed to the Sarpanch

in writing and where the services of Sarpanch are not available it may be filed to the Up-

Sarpanch.

33.

A person desirous of filing complaint case under rule -32 will deposit a sum of Rs. 100/-

only in cash as fee to the Secretary of Gram Kachahari.

34.

If the complaint petition has been filed in writing the Sarpanch or Up-Sarpanch, as the

case may be, shall administer Oath to the petitioner and verify the petition without delay

and the summary of statement made by the petitioner solemnly on taking oath shall be

entered on the back of the petition which may be opened for such case :

provided that whatever statement the petitioner has made either solemnly or on oath

will be read out and explained to him and he will put his signature or thumb-impression

under the said statement.

35.

If, on the statement made by the petitioner on oath or solemnly under Rule - 32, the

Sarpanch is of the opinion :-

(a) that from the said statement the crime is not made out or if at all it it made out, it is

beyond the jurisdiction of the bench of Gram Kachahari, he will dismiss such petition

forthwith and will intimate the petitioner of his order without any delay.

(b) if by the said statement such crime comes to light which is cognizable by the bench

of Gram Kachahari, he will take cognizance of it and issue summons to the defendant

stating the crime he has been accused of and the date on which he has to appear

before the bench of Gram Kachahari. If the summons is not served by the fixed date

it will be served again.

36.

The bench of Gram Kachahari will ensure the appearance of an accused in all cases triable

by it in the same manner as has been laid-down in Rule 13.

37.

When the accused appears or is brought before the bench of Gram Kachahari, he will give

statement of his own accord relating to the allegations made against him.

38.

If the bench of the Gram Kachahari fails to effect a compromise cordially between the two

parties as required by section 102 and if the defendant has given statement it will be

recorded in writing. If the accused confesses the allegations made against him and if the

crime on his confession is cognizable by the bench, it will record its judgement according

to the nature of that crime and the judgement of majority of members will be effective in

case there is no consensus among the members of the bench.

39.

(1) If the bench does'nt punish the accused as per foregoing rule, as the accused didn't

confess his crime, it will initiated hearing of the complainant and take in its

possession the evidence relating to the case produced by him. Thereafter the bench

will initate hearing of the accused and take in possession the evidence produced by

him in his defence.

BIHAR GAZETTE (EXTRA), 2ND APRIL 2009

(2) If the bench thinks it proper it will issue summons to a witness on an application by

the complainant or defendant to appear in person or produce any document or

materials on the date mentioned in it.

(3) The bench will require the complainant or defendant to submit process fee @ Rs. 2/-

per summon before issuing summons to the witness on such application.

40.

(1) If on taking evidence as per rule-39 and obtaining such evidences as it desires and

examining the defendant, the bench comes to the conclusion that the defendant is not

guilty, it will record its judgement in the manner as laid-down in section 103.

(2) If the bench finds the defendant guilty it will declare his conviction and give him

legitimate punishment under section 107 of the Act. But any bench of Gram

Kachahari can't pass sentence of simple or rigorous imprisonment. It may punish the

guilty with such fine which will not exceed Rs. 1000/-.

CHAPTER - 4

PROCEDURE OF APPEAL BEFORE THE BENCH OF GRAM KACHAHARI

41.

Any appeal to be filed against any order or judgement of the bench of Garm Kachahari

under section 112 of the Act may be filed before the full bench of Gram Kachahari within

thirty (30) days from the date of such order or judgement for which seven (7) Panches will

form the quorum.

42.

If an appeal is filed against the judgement of the bench in a civil or criminal case, such

case shall not be admitted unless a fee in-cash is deposited to the Secretary of Gram

Kachahari @ Rs. 10/- according to the value of the suit or at the rate of Rs. 1/- for any

portion of it or a fee of Rs. 10/- in-cash is deposited to the bench respectively :

provided that in criminal cases the Sarpanch may exempt the appellant from paying

off such fee by mentioning the ground of poverty or other reasons in order sheet.

43.

On filing the memorandum of appeal and paying off required fee for it by a party, the

Sarpanch will give notice to respondent and all the Panches of Gram Kachahari to appear

at the meeting of the full bench at the time and place and date mentioned in it. The date of

such meeting will generally be fixed before the expiry of 15 days from the date of filing

the appeal.

44.

(1) The full bench will examine the records of suit, make hearing of the parties and do

whatever it deems necessary for justice on the date fixed for hearing and there upon it

will either confirm the order given by the bench of Gram Kachahari or make

alteration in it or cancel it or give such order which may be just and convenient

keeping the nature of suit in view.

(2) The judgement of the full bench will be based on majority of the votes of the the

panches taking part in the meeting.

(3) A panch who does'nt agree to the opinion of other panches will give his minute of

dissent.

(4) Such panches of the full bench who agree to its judgement will put their signature on

it and where they disagree to the judgement of majority the bench will take their

minute of dissent and get it signed by them.

45.

Till the disposal of an appeal the Sarpanch will give order by mentioning the reasons that

the decree or the punishment or the order against which appeal has been filed must not be

executed.

46.

(1) The appeal will generally be disposed with in one month from the date of its filing.

(2) If the appeal is not disposed with in the period specified in sub-rule(1) the Sarpanch

will mention the reasons of delay in the final order given in the disposal of the

appeal.

47.

(1) Whenever the Sarpanch has reasons to believe that there is a possibility of breach or

disturbance of public-peace and prompt action is needed to prevent it, he will give

order in writing to the person involved by mentioning the main points of the matter

concerned to keep himself away from certain activity or will give direction to a

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BIHAR GAZETTE (EXTRA) 2ND APRIL 2009

person to abstain from a particular act or to take action with regard to the property

under his manegment or possession.

(2) The Sarpanch will give his order in two copies and send them under his hand and seal

of Gram Kachahari to the persons concerned to be served in the manner stated from

rule 10 to 12 as far as possible.

CHAPTER - 5

MISCELLANEOUS

48.

To ensure the appearance of the witness before the Sarpanch or bench on the date fixed for

the hearing of the case or suit, he will be required to give a personal bond not exceeding

Rs. 100/- in Form no.10.

49.

(1) Any record of Gram Kachahari will not be carried away from it's office to other

places. The District Judge or any judicial officer especially authorised by him,

whithin whose local jurisdiction Gram Panchayat comes shall have power to visit the

office of Gram Kachahari and make inspection of it's proceedings and records.

(2) Director and Dy. Director of Panchayat Raj, District Panchayat Raj Officer, Block

Development Officer/Circle Officer, Block Development Supervisor or Block

Panchayat Raj Officer shall make a regular supervision and inspection of books-of-

account of Gram Kachahari or its benches (including full bench) located with in their

respective jurisdiction at least four times in a year and the two officers mentioned

latter shall give report to the District Panchayat Raj Officer. The District Panchayat

Raj Officer shall give reasonable suggession / instruction to the Gram Kachahari or

its bench/full bench as the case may be.

50.

(1) The bond which has been signed in persuance of the foregoing rules at the instance

of Sarpanch or the bench and it is proved to his/its satisfaction that the amount of the

bond has been confiscated in favour of Gram Kachahari on account of the witness of

the accused not being present before the Sarpanch or the bench, the Sarpanch or the

bench shall ask the accused or the witness to show cause why the amount of the bond

should'nt be recoverd from him.

(2) In case sufficient cause is not shown the Sarpanch or bench shall give order to the

accused or the bailor or the witness, as the case may be, to pay off the said amount on

the date mentioned in the order and if the amount is not paid on the said date the

Sarpanch shall realise it from the date, which has been prescribed in the rules made

for the realisation of fine imposed by the bench.

51.

Court language of the bench of a Gram Kachahari shall be Hindi in Devnagri script.

52.

(1) Any person who wants the copy of the proceeding record of the bench or a part there

of, will apply to the Sarpanch in writing, giving details of record the copy of which

he wants. The applicant will be informed how much he has to pay as fee on the date

on which he applies for copy, and on paying the fee the Sarpanch will get the copy of

record prepared and make it available to the applicant with in three (3) days from the

date of paying the fee. For every 100 words or a part there of, fee will be calculated

@ Rs. 2/-.

(2) The applicant will be provided certified copy of a part of the proceeding record of the

bench after comparing it with the original one. Fee will be charged from him @ Rs.

1/- for every 100 words or a part there of.

(3) A person who has been entrusted responsibility to make a copy of the proceeding

record will be given remuneration @0.50 paisa for every 100 words or a part thereof

and the remaining amount will be deposited to the fund of Gram Kachahari.

(4) The Secretary of Gram Kachahari or in his absence a person authorised by Sarpanch

will act as copy writer who will be intitled to get remuneration prescribed in sub-rule

(3).

(5) (i) As per this rule the copy provided to the person will include the dates on which

application was submitted, copy was prepared and handed over to the applicant

BIHAR GAZETTE (EXTRA), 2ND APRIL 2009

and how much fee was paid for it. The copy will bear the signature of copy writer

and Sarpanch and seal of Gram Kachahari.

(ii) As per sub-rule (2) the certified copy issued will bear the signature of Sarpanch

and the words "True-copy" will be written on top.

53.

Notwithstanding any provision otherwise transgressed in these Rules, the Nayayamitra

especially appointed under sub-section (2) of section 94 of the Act will assist the Gram

Kachahari or its bench in discharge of its duty.

54.

The Gram Kachahari will have a seperate fund of its own. The fee time etc. deposited to

Gram Kachahari will be maintained by the Secretary of the Gram Kachahari in form-9 of

its cash-book. The account of Gram Kachahari will be operated by the joint signature of

the Sarpanch and Up-Sarpanch and it will be operated, maintained and managed under the

directions issued by the Government from time to time.

Provided that in the event of either the post of Sarpanch or Up-Sarpanch being

vaccant the account of Gram Kachahari will be operated with the joint signature of a

panch selected from among the panches by the majority of votes and either Sarpanch or

Up-Sarpanch, as the case may be.

55.

The Bihar Gram Kachahari Rules 1962 are hereby repealed.

(i) Notwithstanding this repeal any work done or any action taken in exercise of the

powers conferred by or under the said Rules, as far as may be shall be deemed to be a

work done or an action taken in exercise of the powers conferred by or under the said

Rules as if they were inforce on the day on which the work was done or action taken.

By order of the Governor of Bihar,

Sd/-Illegible,

Principal Secretary to the Government.

¹⁰

BIHAR GAZETTE (EXTRA) 2ND APRIL 2009

BIHAR GRAM KACHAHARI CONDUCT RULES, 2007

SCHEDULE

FORM - 1

(See Rule - 5)

FORM OF ORDER SHEET

Name of Gram Kachahari ……………………….. Gram Panchayat …………………….. Case

/ suit no. …………. Date …………….. Month ………………. Year ………………….

Plaintiff …………..

Versus

Defendant ………………………………………………………..

Serial No.

and Date

Name of

Members present

in the bench

Abstract of order

given

Signature of

Sarpanch and

Panches present

Remarks

BIHAR GRAM KACHAHARI CONDUCT RULES, 2007

FORM - 2

(See Rule - 8)

REGISTER & CIVIL SUIT

Serial No.

Name and Address of Plaintiff

Name and Address of defendant

Nature & suit (write in berief) and value thereof

Fees charged at the time of filing the suit

Date of inspection of suit

Final order of the bench and its date

Date of filing the appeal and fees charged, if appeal has

been preferred in full bench

Order of full bench and its date

Orderof Munsif under section 114 and date

Order on which application was submitted for execution

of order

Fees realised at the time of submitting application for

execution of order

How the decree was enforced

BIHAR GAZETTE (EXTRA), 2ND APRIL 2009

FORM - 3

(See Rule - 8)

REGISTER OF SUIT

Serial No.

Date of filing the suit

Name and Address of Plaintiff

Name and Address of defendant

Nature of Crime for which summons or warrant was issued

Fees realised (court fees etc.) at the time of filing the suit

Final order of the bench and date and if the accused was

punished under which section of the Act punishment was

inflicted.

Date of prefering the appeal before the full bench

Name of applicant and his father's name

Order of full bench and date

Order of Subdivisional Magistrate under Section 114 and date

Amount of fine realised and date of realisation

If the accused was sent to jail, warrant for sending to jail

(Commitment warrant)

Date on which fine was submitted to the treasury and its

chalan no.

¹²

BIHAR GAZETTE (EXTRA) 2ND APRIL 2009

FORM - 4

(See Rule - 11)

SUMMONS OF DEFENDANT

Serial no. of suit or case ………….

Name of parties ……………

Nature of claim / complain …………

Date of filing ………….

Since suit / case …………. Will be put up

before the Gram Kachahari on

…………… (date) ……………. (time) at

…………… (place) you must appear along

with your witness in defence of your suit /

case.

Since suit / case …………. Will be put up

before the Gram Kachahari on ……………

(date) ……………. (time) at ……………

(place) you must appear along with your

witness in defence of your suit / case.

Date ………………

Signature of Sarpanch

(Name of Gram Kachahari)

Seal of Gram Kachahari

FORM - 5

(See Rule - 11)

SUMMONS OF WITNESS

Serial no. of suit / case ………….

Name of parties ……………

Nature of claim / complain …………

Date of filing ………….

Since you have been summoned to put up

document to give evidence in the aforesaid

suit /case of Sri ……………………., you

are hereby ordered to appear before

……….. Gram Kachahari on ………. At

…….., time put up aforesaid document.

Since you have been summoned to put up

document to give evidence in the aforesaid

suit /case of Sri ……………………., you

are hereby ordered to appear before

……….. Gram Kachahari on ………. At

…….., time put up aforesaid document.

Date ………………

Signature of Sarpanch

(Name of Gram Kachahari)

Seal of Gram Kachahari

BIHAR GAZETTE (EXTRA), 2ND APRIL 2009

FORM - 6

(See Rule - 13)

BAILLABLE WARRANT TO APPEAR BEFORE GRAM KACHAHARI

To,

Chief / additional / sub judicial magistrate …………. ………………… Since Sri

………….. (Name & accused) S/o - Sri …………………………. Resident of ……………….

Has not appeared despite bailable warrant having been served on him, therefore you are

requested to inforce attendance of the said accused before this bench.

Date ………………….. Month ……………….. Year …………………

Seal of Gram Kachahari

Signature of Sarpanch

(Name of Gram Kachahari)

If the said accused furnishes a security of Rs. …………………. And produces a bailor

against Rs. ………………. Or produces a bailor at the rate of Rs. …………… per bailor to

appear before the bench of Gram Kachahari on ……….. (date) 200 ……. and unless otherwise

directed by the bench, go an appearing in the same way, he may be released on bail.

Date ……………….. 200 ………….

Seal of Gram Kachahari

Signature of Sarpanch

(Name of Gram Kachahari)

¹⁴

BIHAR GAZETTE (EXTRA) 2ND APRIL 2009

FORM - 7

(See Rule - 8)

RECEIPT IN TWO COPIES

Name of Gram Kachahari ……………

Serial no. of suit / case …………..

Date of payment ……………..

Name of payee …………………….

Amount Paid

Rs. Rs.

Amount Paid

Rs. Rs.

Fees

Fine

Compensation

Miscellaneous

Total –

Date ……………….

Signature of Payee and Designation

FORM - 8

(See Rule - 31)

ORDER TO PAY THE AMOUNT DUE FINE / DECREE / COMPENSATION / UNDER

BOND BIHAR PANCHAYAT RAJ ACT, 2006

To,

Chief / additional / sub judicial magistrate …………. ………………… Since Sri

………….. (Name & accused) S/o - Sri …………………………. Resident of ……………….

has been directed to pay the above mentioned amount and he has not paid the said amount or

any part thereof, so you are hereby required to recover from the said person the amount

imposed under Bihar Panchayat Raj Act, 2006 and get it credited to the fund of Gram

Kachahari.

Date …………………..

Seal of Gram Kachahari

Signature of Sarpanch

(Name of Gram Kachahari)

BIHAR GAZETTE (EXTRA), 2ND APRIL 2009

FORM - 9

(Vide Rule 8)

CASH BOOK

Name of the Gram Kachahari Gram Panchayat ………… Year ………….

Serial number of suit or case

Date of receipt

Number of the counterfoil

Name of the receiptent

Fee

Penalty

Compensation

Other receipts (income)

Total

Signature of the Secretary of

Gram Kachahari

Signature of Sarpanch

Remarks

FORM - 10

(Vide Rule 48)

REOGNIZANCE BOND TO BE SIGNED BY THE WITNESS TO KEEP ON APPEARING

Since I ………….. Village …………… P.S. ………….., P.O. ……………., District,

……………… is a witness to the case number …………. 20 ……… (Vs) …………… which

is under consideration of …………… Gram Kachahari failling under the jurisdiction of PS

…….. District, …………… hereby bind myself that I ................. shall appear in the court of

the said Gram Kachahari situated at .............. on date (or dates) and if fail to appear it shall be

bound to pay a sum of rupees one hundred to the Government.

Date ………………….. Month ………………. 20 …………….

Signature

¹⁶

BIHAR GAZETTE (EXTRA) 2ND APRIL 2009

FORM - 11

(Vide Rule 8)

THE LIST OF DOCUMENTS FILED

Name of Gram Kachahari Gram Panchayat …………………

Serial number

Name and address of the complainant

Name and address of the defendant

Number and year of the suit

Details of the bench of (names) Sarpanch

& Panches)

Detail of documents filed

Remarks

FORM - 12

(Vide Rule 8)

BOOK OF APPLICATION FOR COPY

Name of Gram Kachahari Name of Gram Panchayat…………………

Serial number

Name of the applicant

Date of application

Details of documents for the copy of which

application has been made and suit or case

no. and year during which it has been filed

Certified copy

Uncertified copy

Money to be paid

Date of payment

Date on which copy was made for delivery

Date on which copy was taken

Remarks

BIHAR GAZETTE (EXTRA), 2ND APRIL 2009

FORM - 13

EXPENDITURE COLUMN

Date on which amount was posted in the cash

book of the Panchayat or else where

Fee

Fine

Compensation

Other receipts (income)

Total

Signature of Mukhia or the person receiving the

amount

Signature of Panchayat Sewak

Signature of Sarpanch

Remarks

Opening balance of the day

Closing balance of the day

Balance of the end of the day :-

Cash :………….

In Bank account …………

Total Amount …………….

Signature of the Sarpanch of Gram

Kachahari

Signature of the Secretary of Gram

Kachahari

¹⁸

BIHAR GAZETTE (EXTRA) 2ND APRIL 2009

FORM - 14

(Vide Rule 54)

INFORMATION TO BE SENT TO S.D.O. AND OFFICER INCHARGE OF POLICE

STATION OF THE AREA CONCERNED BY THE BENCH OF GRAM KACHAHARI

Serial number

Name of Gram Kachahari

Number of suit and Section

Name of the plaintiff and his

father's name

Name of defendant, father's name

and place of residence.

Date of punishment

Name of Crime and punishment

inflicted

————

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 97—571+500—D.T.P.