You are viewing the translated version of न्याय सम्पादनको प्रक्रिया.
Section 49
Process of administration of justice
(1) The judicial committee shall register the dispute petition submitted before it and provide a copy of the registration to the concerned party.
(2) The Judicial Committee shall encourage reconciliation as much as possible while processing and disposing of dispute petitions submitted to it, and bring about a settlement with the consent of both parties. If an agreement cannot be reached between the parties, in the dispute mentioned in sub-section (1) of section 47, the judicial committee shall take action and resolve the dispute according to the law.
(3) When the reconciliation is done according to sub-section (2), the judicial committee shall do it through the conciliator listed by it.
(4) The judicial committee shall settle the dispute mentioned in sub-section (2) of section 47 within three months from the date of appearance of the respondent through conciliation. If no reconciliation can be reached within that period, the parties shall be ordered to go to court, and the dispute and related documents and evidence shall be sent to the relevant court.
(5) If the party appears according to sub-section (4), the relevant court shall take action and settle the case according to the prevailing law.
(6) In the dispute brought before the judicial committee, the defendant shall keep the account, deposit or any amount received by the defendant in the name of the defendant in any bank, company, financial institution or any other body and not pay it to anyone or any immovable property to which the defendant is entitled. If the judicial committee deems it appropriate to do so according to the application to stop the handover, it may send a written notice to the relevant body for a fixed period of time, and if it is sent in writing, it should be stopped accordingly and the judicial committee should be informed about it.
(7) If the defendant submits an application to the Judicial Committee for the release of the retention in accordance with sub-section (6), if the said committee deems it necessary to release the retention in accordance with such application, it may send a written notice to the relevant body for the release of the retention and if it is sent in writing, the retention shall be released accordingly and the information thereof. justiceThat should be given to the committee.
(8) In accordance with Section 47, the judicial committee, while exercising its jurisdiction, may also issue the following interim protective order to the concerned party for the benefit of the victim, his minor children or any other person dependent on him in the dispute between husband and wife or the protection of senior citizens:-
(a) To allow the victim to live in the house where he has settled, to bring him food, not to beat him and to behave politely and decently,
(b) To treat the victim if he has suffered physical or mental injury,
(c) If it appears that the victim needs to be accommodated separately, to make arrangements for the same and to make proper arrangements for his maintenance while living separately,
(d) not to abuse, threaten or behave rudely to the victim, (e) To do or cause other necessary and appropriate things for the welfare and safety of the victim.
(9) If there is an application to the judicial committee in relation to any dispute under section 47, if the time limit for the respondent to appear before the body hearing the case has been set in the prevailing law, within the same time limit, and if the time limit has not been set, within fifteen days excluding the time limit, the respondent himself or through his heirs shall appear before the judicial committee with a written statement. Must be present.
(10) In disputes under section 47, the judicial committee may establish reconciliation centers in each ward for the purpose of reconciliation.
(11) If there is more than one conciliation center in a ward, the judicial committee may send the dispute to any conciliation center of that ward chosen by the parties to the dispute or if there is no agreement between the parties on the matter.
(12) The judicial committee takes action on the application of the dispute and when it settles, registration of the application, necessary investigation and action of such dispute, time limit, procedure for bringing the parties to appear and settlement, period for settling the dispute, deducting fees, etc. will be