Chapter II ESTABLISHMENT AND CONSTITUTION OF VILLAGE COURTS

The [State Government] may from time to time by order to be notified in the District Gazette-

1. (1) group two or more villages and establish one village court for them in lieu of the several village courts previously existing therein ;
2. (2) constitute divisions in any village, and establish a separate village court for each of such divisions in lieu of the village court previously existing in such village ;
3. (3) establish a new village court for any specified area.

[In villages where there are no panchayat courts] village munsifs shall be appointed by the Collector [in the manner prescribed] provided that no person not residing within the village shall be eligible for that office.

The Collector of the district may suspend or remove a village munsif [or a member of a panchayat court] for incapacity, neglect of duty, misconduct or other just and sufficient cause, and shall do so, on a requisition passed by the District Judge for like cause appearing in the judicial proceedings of a [village court]. From every order [of suspension or removal] an appeal may be made within three months to the Board of Revenue, if the order was passed by the Collector without orders from the District Judge, or to the High Court if passed upon such orders.

Suspension or removal of a Judge of a Village Panchayat Court appointed under the Travancore Act A. The State Government may suspend or remove the President or other Judge of a Village Panchayat Court appointed under the Travancore Village Panchayat Courts Act, 1090 (Travancore Act I of 1090), and continuing as President or member of the Panchayat Court after the date of the commencement of the [(Tamil Nadu) Village Courts (Amendment) Act, 1961, for incapacity, neglect of duty, misconduct or other just and sufficient cause, and shall do so, on a requisition made by the High Court, for like cause appearing in the judicial proceedings of the Panchayat Court concerned.]

1. (1) The [State Government] may, by order notified in the District Gazette, constitute a panchayat court, as hereinafter provided, for any village, group of villages or part of a village ; and thereupon no court of a village munsif appointed under section 7 shall exercise jurisdiction under this Act in any part of such area.
2. (2) For every court so established the Collector shall determine the number of members, provided that such number shall not be less than five nor more than twelve.
3. (3) Subject to such rules as may be made by the [State Government] the members of the panchayat court shall be appointed by election. (3-A) Notwithstanding anything contained in sub-sections
4. (2) and (3), the Collector may in his discretion appoint not more than two members to the panchayat court by nomination from any one or more of the communities which are in a minority in the area for which the court is established (for example, Muslims, Indian Christians and [members of the Scheduled Castes or Scheduled Tribes or Backward Classes]) and which communities are not already represented on the court. Any member or members so appointed shall be in addition to the strength of the court as determined under sub-section (2).
5. (4) Subject to such rules as may be made by the [State Government] a member of a panchayat court shall hold office for a term of three years. (5)
   • (a) A panchayat court shall elect, according to the rules prescribed in that behalf, one of its members to be its president and another member to be its vice-president.
   • (b) The president may, by order in writing, delegate any of his functions to the vice-president: Provided that he shall not delegate any functions which the panchayat court expressly forbids him to delegate.
   • (c) If the president is absent from the jurisdiction of the court or is incapacitated, his functions shall devolve on the vice-president.
   • (d) When the office of president is vacant, the vice-president shall exercise the functions of the president until a new president assumes office.
   • (e) Every sitting of the court shall be presided over by the president, and in his absence, by the vice-president if there is one. If there is no vice-president, or in the absence of both the president and the vice-president, the members present and constituting the court shall elect from among themselves a president for the purposes of that sitting.
6. (6) Three members of a panchayat court shall constitute a quorum, and the decision of the majority present shall be the decision of the court :

Transfer of suits and civil proceedings A. Where a village court is established under any of the provisions of section 6 or sub-section

1. (1) of section 9 in any local area, in lieu of a village court or courts having jurisdiction over such area-
   • (a) all suits or civil proceedings pending in such court or courts shall be deemed to have been instituted or taken in the court newly established for such area ; and
   • (b) all decrees passed by such court or courts which have not been executed or are under execution shall be deemed to have been passed by the court so established.

B.

Village karnam to assist munsif in keeping register of suits and record of proceedings The village munsif shall keep a register of suits preferred to the village court and shall write the proceedings of the court and it shall be the duty of the village karnam, if so required, to assist in keeping such register and in writing the proceedings of the court.

It shall be the duty of the village servant usually employed in carrying messages to serve all summonses, notices and orders issued under this Act and to act under the orders of the village munsif in seizing, selling and delivering movable properties attached under this Act.

It shall be competent to the Collector of the district, subject to the control of the State Government to appoint any person in lieu of, or in addition to, the village karnam, or the village servant mentioned in section 11 to perform the duties prescribed by sections 10 and 11 respectively.