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Short title.
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1. This Ordinance may be cited as the Rural Courts Ordinance.
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CONSTITUTION OF RURAL COURTS |
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Power to establish Rural Courts.
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2.
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(1) The Minister of Justice may, by Order[1] published in the Gazette, establish a Rural Court for any Revenue Division or for any part of a Revenue Division, or for any combination of the whole or of parts of two or more Revenue Divisions, specified or defined in the Order.[3]
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(2) Every Village Tribunal established or deemed to have been established under any enactment repealed by this Ordinance, and in existence on the day immediately preceding the appointed date, shall be deemed to be a Rural Court established under this Ordinance, and shall accordingly adopt that designation and have, possess, and exercise all the rights, powers, privileges, and jurisdiction conferred on a Rural Court by the provisions of this Ordinance or of any other written law for the time being in force.
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Appointment of Presidents and Additional Presidents.
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3.
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(1) There may be appointed a person[3] to be or to act as-
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(a) President of a Rural Court established or deemed to be established under this Ordinance;
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(b) Additional President or one of the Additional Presidents of any such Rural Court.
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(2) The salary of every President or Additional president of a Rural Court shall be paid out of the Consolidated Fund.[1]
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(3) Every Additional President shall sit separately, and shall have, possess and exercise all the rights, powers, privileges and jurisdiction, shall perform and discharge all the duties and functions, and be subject to all the responsibilities and liabilities, of a President.
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(4) Every President or Additional President of a Village Tribunal, appointed or deemed to have been appointed under any enactment repealed by this Ordinance and holding office on the appointed date, shall be deemed to be the President or Additional President, as the case may be, of the Rural Court of the area for which the Village Tribunal was established, and shall, accordingly have, possess, and exercise all the rights, powers, privileges, and jurisdiction, and shall perform and discharge all the duties and functions, and be subject to all the responsibilities and liabilities, of a President appointed under this Ordinance.
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Oaths to be taken by President and Additional President.
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4. Every President or Additional President shall, before he begins to execute the duties of his office, take and subscribe the oath of allegiance and the judicial oath prescribed by the Promissory Oaths Ordinance.
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Power to remove President or Additional President from office.
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5. A President or Additional President may at any time be removed from his office and where he is so removed on the ground of any misconduct shall be disqualified for appointment to any office in the public service except with the prior approval of the Governor-General.
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Power to vary the local jurisdiction of Rural Courts.
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6. The Minister of Justice[1] may, by Order[1] published in the Gazette-
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(a) curtail the area forming the local jurisdiction of a Rural Court by excluding therefrom such part thereof as may be specified or defined in the Order,[1] or
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(b) extend the area forming the local jurisdiction of a Rural Court-
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(i) where that area consists of the entirety of a Revenue Division or of two or more Revenue Divisions, by adding thereto such part of any other Revenue Division as may be specified or defined in the Order; 1 or
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(ii) where that area consists of or includes any part of a Revenue Division, by adding thereto such other part of the same Revenue Division or such part of any other Revenue Division, as may be so specified or defined:
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Provided that where by an Order[1] under paragraph (a) of this section any area previously forming part of the local jurisdiction of a Rural Court is excluded therefrom, and any action, prosecution or other proceeding pending in that Rural Court at the date on which the Order[1] takes effect ceases to be within the jurisdiction of the Rural Court by reason only of the exclusion of that area, such action, prosecution or proceeding may, notwithstanding anything in any other written law, be heard and determined or continued and completed by that Rural Court in like manner as if such area had not been so excluded from the local jurisdiction of that Rural Court.
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Power to abolish any Rural Court and to give directions as to pending cases.
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7. The Minister of Justice [1] may, by Order[1] published in the Gazette, abolish any Rural Court, and may, by the same or any subsequent Order 1 under this section give directions for the transfer of the actions, prosecutions or other proceedings pending in that Rural Court at the time of such abolition to any other Rural Court and all such other directions as to him may seem necessary for the determination or adjustment of any question or matter, arising from such transfer or connected therewith, for which no provision is otherwise made by this Ordinance.
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JURISDICTION OF RURAL COURTS |
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Jurisdiction of Rural Courts to be both civil and criminal.
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8. A Rural Court shall, subject to the express provisions of this Ordinance, have both civil and criminal jurisdiction as hereinafter set out:
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Provided that the Minister of Justice[1] may, by Order[1] published in the Gazette, restrict any Rural Court either solely to criminal jurisdiction or solely to civil jurisdiction or impose such limits on the criminal or civil jurisdiction of any Rural Court as he may think fit, and such Rural Court shall not have or exercise any jurisdiction other than the jurisdiction to which it is so restricted or in excess of the limits so imposed.
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Extent of civil jurisdiction.
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9.
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(1) Subject as hereinafter provided, the civil jurisdiction of a Rural Court shall extend to the trial of-
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(a) all actions in which the debt, damage or demand does not exceed one hundred rupees, and in which either the party defendant is resident within the local jurisdiction of the Rural Court, or the cause of action shall have arisen wholly or in part within the local jurisdiction; and
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(b) all actions in which title to, interest in, or right to the possession of, any land or immovable property is in dispute, but only if the value of such land or immovable property, or of the particular share, right, or interest in dispute in such action, does not exceed one hundred rupees, and the land or any part thereof is situate within the local jurisdiction of the Rural Court;
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Provided, however, that no Rural Court shall permit the institution of, or have or exercise jurisdiction in, any action or proceedings of any class or description included for the time being in the First Schedule to this Ordinance, irrespective of the amount of the demand or the damage claimed or of the value of the subject matter.
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(2) The Minister of Justice [1] may from time to time, by Order [1] published in the Gazette, enlarge the civil Jurisdiction of any Rural Court specified in the Order 3 by directing that the pecuniary limit of the civil jurisdiction of that Rural Court shall, in lieu of the amount of one hundred rupees mentioned in subsection (1), be such higher amount as may be prescribed in the Order; [1] and so long as the Order [1] is in force, subsection (1) and section 18 in their application to that Rural Court, shall have effect as if all references therein to the amount of one hundred rupees were references to the higher amount so prescribed by the Minister of Justice: [1]
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Provided, however, that the civil jurisdiction of any Rural Court shall not be enlarged under the preceding provision of this subsection, unless the Senate and the House of Representatives have by resolutions [1] declared that such jurisdiction should be so enlarged.
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Extent of criminal jurisdiction.
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10. The criminal jurisdiction of a Rural Court shall extend to the trial of such of the following offences as may have been committed within the local jurisdiction of the Rural Court: –
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(a) all offences consisting of breaches of by-laws made or deemed to be made under the Village Communities Ordinance;
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(b) the offences for the time being included in the Second Schedule to this Ordinance, that is to say, such of the offences under the provisions of law enumerated in the first column of that Schedule as are specified or described in the corresponding entries in the second column of that Schedule, but subject in the case of each of those offences to any limitations, restrictions or conditions set out in respect of that offence in the third column of that Schedule; and
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(c) all offences in respect of which jurisdiction is expressly conferred on a Rural Court by this or any other enactment, whether passed before or after the appointed date.
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Jurisdiction to be exclusive.
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11. Subject to any special provision relating to jurisdiction contained in this or any other enactment, the jurisdiction conferred by this Ordinance on Rural Courts shall be exclusive, and cases within that jurisdiction shall not be entertained, tried or determined by any court established under the provisions of the Courts Ordinance: provided that nothing in this section contained shall preclude a public officer from prosecuting before a Magistrate’s Court any offence which, but for the provisions of this Ordinance, would be cognizable by such Magistrate’s Court, and any prosecution commenced in a Rural Court in respect of any such offence shall not be continued after the institution of proceedings in such Magistrate’s Court.
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Duty of courts in cases within exclusive jurisdiction of Rural Courts.
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12. Where in any case, whether civil or criminal, instituted before any court established under the Courts Ordinance, it appears to such court at any stage of the proceedings that the case is one within the exclusive jurisdiction of a Rural Court, the court shall stop the further progress of the case and refer the parties to such Rural Court, and, where such case is a civil case, may make such order as to costs as may seem just.
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Determination of question as to jurisdiction over remitted case.
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13. Whenever any question arises between a Commissioner of a Court of Requests or a Magistrate on the one part and a President of a Rural Court on the other part as to the jurisdiction to hear and determine any case, it shall be the duty of the Commissioner, Magistrate, or President, as the case may be, before whom the case was instituted or sought to be instituted, to embody the ascertained facts in a statement and to transmit the statement to the District Judge having appellate jurisdiction over the Rural Court in question. The District Judge shall thereupon decide the question as to jurisdiction, and the case shall be tried and determined by the court specified in his decision. The decision of the District Judge on every such question shall be final:
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Provided that where, in any judicial district, the Commissioner or Magistrate is also the District Judge, the aforementioned statement shall be transmitted to, and the powers conferred on the District Judge by this section shall be exercised by, such District Judge of an adjoining judicial district as the Commissioner or Magistrate may determine.
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Power to direct offence to be tried by Magistrate’s Court.
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14. In the case of-
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(a) any offence which, but for the provisions of this Ordinance, would be cognizable by a Magistrate’s Court; or
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(b) any offence which consists of a breach of a by-law made or deemed to be made under the Village Communities Ordinance, and which is also an offence under any other enactment,
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it shall be lawful for the Attorney-General or for the District Judge having appellate jurisdiction over the Rural Court which would otherwise have jurisdiction to try the offence, if he considers that such offence may more appropriately be tried before a Magistrate’s Court, to direct such offence to be tried before the Magistrate’s Court having jurisdiction to try the offence, and, if necessary, to stay all further proceedings in respect of such offence before the Rural Court and such Magistrate’s Court shall accordingly try such offence.
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Power of District Judge to confer jurisdiction on a Court of Requests in civil actions.
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15. Where it is made to appear to the District Judge having appellate jurisdiction over any Rural Court that any specified civil action instituted in that Rural Court may be more appropriately tried before the Court of Requests having local jurisdiction, the District Judge shall have power to call for and inspect the record or journal of that action and to stay the proceedings in the Rural Court and to make order declaring that the Court of Requests shall have jurisdiction to hear and determine the matters in dispute in that action. Upon the making of such order, the proceedings in the Rural Court shall be discontinued, and the Court of Requests shall, notwithstanding anything in any other provision of this Ordinance, have jurisdiction to hear and determine the matter.
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Rural Court to report case more appropriately triable elsewhere to District Judge with a view to transfer.
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16. Where it is made to appear to any Rural Court-
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(a) in regard to any prosecution for any offence pending before the Rural Court, that in the circumstances of the case the offence cannot adequately be punished by any penalty which the Rural Court is authorized by this Ordinance or any other law to impose; or ‘
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(b) in regard to any civil action pending before the Rural Court that the action may more appropriately be tried before a Court of Requests,
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it shall be the duty of the Rural Court to suspend the further hearing of the prosecution or action, and to report it to the District Judge having appellate jurisdiction over the Rural Court, with a view to obtaining an order under either of the last two preceding sections.
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Duty to refer case beyond jurisdiction to competent court.
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17. Where it appears in the course of the proceedings in any action, prosecution or other matter before a Rural Court, that the matter is not within the jurisdiction of the Rural Court, it shall be the duty of the Rural Court forthwith to stay the proceedings and to refer the party by whom the proceedings were instituted to the competent court.
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Jurisdiction in actions involving title to land.
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18.
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(1) The jurisdiction of a Rural Court to try any case in which the title to or interest in or right to the possession of any land or immovable property is in dispute shall not be exclusive, notwithstanding that the value of the land or immovable property or the particular share, right or interest in dispute does not exceed one hundred rupees.
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(2) At the hearing of any case of the description referred to in subsection (1), it shall be the duty of the Rural Court to inquire of the defendant whether he objects to the jurisdiction of the Rural Court to hear and determine the case.
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(3) Where the defendant, on being questioned by the Rural Court under subsection (2), does not raise any objection to the jurisdiction, it shall not be competent to him to raise any such objection at any subsequent stage of the proceedings or on appeal.
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(4) Where the defendant, on being questioned by the Rural Court under subsection (2), raises any objection to the jurisdiction and the Rural Court is satisfied that there are good grounds for the objection, the Rural Court shall forthwith stay the proceedings and refer the party instituting the case to the competent court.
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| PROCEDURE BEFORE RURAL COURTS |
Mode, time and place of sittings.
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19.
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(1) Every Rural Court shall hold its sittings in public at such time and at such places, whether within or outside the limits of the local jurisdiction of the Rural Court, as may be specified from time to time in written directions issued by the Minister of Justice or as may be determined by the President in the absence of such directions.
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(2) The Minister of Justice may from time to time set apart buildings for use as the court-houses of Rural Courts; and notice that any building has been so set apart shall be published in the Gazette.
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Language of proceedings and of the record thereof.
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20. The proceedings of a Rural Court shall be conducted in such language as may be determined in the case of each area by the District Judge having appellate jurisdiction over the Rural Court, but the record thereof shall in every case be kept in English.
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Representation of parties.
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21. No advocate, proctor, agent, or other person shall be entitled or be permitted to appear on behalf of any party in any case before a Rural Court:
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Provided, however, that the prohibition contained in this section shall not apply to the appearance in a Rural Court-
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(a) of a husband, on behalf of his wife; or
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(b) of a guardian or curator, on behalf of the person or persons for whom he acts as such; or
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(c) of an agent resident within the jurisdiction of the Rural Court, on behalf of a principal who is not so resident; or
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(d) of any person (not being an advocate or proctor) expressly authorized thereto by the President of the Rural Court, on behalf of a minor who is not represented by any person legally entitled to represent him or on behalf of any other party in the special circumstances of any case.
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Power to administer oaths.
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22. For the purposes of any proceedings before a Rural Court, the President shall have power to administer oaths in manner authorized by any written law for the time being in force in that behalf.
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Duty of Rural Court to endeavor to conciliate parties.
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23. In every civil action, and in every prosecution instituted in a Rural Court for any offence, other than an offence which under the Criminal Procedure Code is not compoundable or is compoundable only with the sanction of the Attorney-General, it shall be the duty of the Rural Court by all lawful means to endeavor to bring the parties to an amicable settlement, and to remove, with their consent, the real cause of grievance between them; and for this purpose the Rural Court shall have power, on the application of the parties, to refer the matter in issue to arbitration, and to give judgment in accordance with the finding of the arbitrator. Every judgment given in accordance with the finding of an arbitrator under this section shall be final, and not subject to appeal.
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Power of President to receive complaints and issue summonses outside his local jurisdiction.
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24. The President of a Rural Court may receive complaints and issue summonses in respect of any offence within the criminal jurisdiction of the Rural Court at any place in which he may be sitting, notwithstanding that such place may be outside the limits of the local jurisdiction of the Rural Court.
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Rules of procedure.
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25. Subject to the provisions of this Part, all actions, prosecutions and other proceedings in a Rural Court shall be instituted, conducted, heard, determined and completed, in accordance with the rules of civil procedure or of criminal procedure, as the case may be, made, or declared for the time being to be in force, under this Ordinance.
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| PENALTIES THAT MAY BE IMPOSED BY RURAL COURTS |
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General penalties.
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26.
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(1) A Rural Court, in the exercise of its criminal jurisdiction, may sentence any person convicted of an offence by the Rural Court-
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(a) to imprisonment of either description for a period not exceeding fourteen days or to a fine not exceeding fifty rupees, and
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(b) in the case of a continuing offence, to a further fine not exceeding ten rupees for each day such offence is continued after notice is given to the offender that such offence is being committed by him or after he is once convicted of such offence, and
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in the event of default in payment of any fine so imposed may-
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(i) whatever the amount of the fine, sentence the offender to detention as provided in section 6 of the Payment of Fines (Courts of Summary Jurisdiction) Ordinance;
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(ii) where the amount of the fine exceeds four rupees but does not exceed seven rupees and fifty cents, sentence the offender to imprisonment of either description for a term of seven days;
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(iii) where the amount of the fine exceeds seven rupees and fifty cents, sentence the offender to imprisonment of either description for a term not exceeding fourteen days:
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Provided that a Rural Court shall not sentence any person to imprisonment for a term which is less than seven days;
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And provided further that-
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(i) where the sole punishment prescribed by the written law whereby any offence is made punishable is a fine, the imprisonment to which a Rural Court may sentence any person convicted of the offence, in the event of default in payment of any fine imposed on him, shall be simple imprisonment only; and
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(ii) where the punishment so prescribed for any offence is less severe than the penalties set out in this section, the punishment to which a Rural Court may sentence any person convicted of the offence shall not be in excess of the punishment so prescribed.
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(2) Whoever attempts to commit an offence punishable under this Ordinance, and in such attempt does any act towards the commission of the offence, or abets the commission of or an attempt to commit any such offence, shall be liable to the same punishment as if he had committed such offence.
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(3) Where any person is charged before a Rural Court with an offence punishable under this Ordinance, and the Rural Court thinks that the charge is proved, but is of opinion that, having regard to the character, antecedents, age, health, or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment, or any other than a nominal punishment, the Rural Court may order such person-
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(a) to be discharged after such admonition as may be necessary; or
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(b) if he is under the age of sixteen years, to be delivered to his parent or to his guardian or nearest adult relative, on such parent, guardian or relative executing a bond, with or without a surety or sureties as the Rural Court may require, that he will be responsible for the good behaviour of such person for any period not exceeding twelve months.
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(4) In lieu of ordering any male person under the age of sixteen years to be fined or imprisoned as aforesaid, a Rural Court may order such person to be whipped in accordance with the provisions of the Corporal Punishment Ordinance and section 319 of the Criminal Procedure Code:
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Provided that no Rural Court shall have power to order more than six strokes with a rattan to be inflicted on any such person.
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(5)
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(a) Where a person has been sentenced to a fine and to imprisonment in default of payment of the fine, a Rural Court may do all or any of the following things:-
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(i) allow time for the payment of the fine;
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(ii) direct payment of the fine to be made by instalments;
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(iii) direct that the person liable to pay the fine shall be at liberty to give to the satisfaction of the Rural Court a bond, with or without a surety or sureties, for the payment of the fine or any instalment thereof.
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(b) Where a fine is directed to be paid by instalments and default is made in the payment of any one instalment the same proceedings may be taken as if default had been made in the payment of all the instalments then remaining unpaid.
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(6) Where the written law applicable to any offence for the time being included in the Second Schedule to this Ordinance confers power on the court by which such offence is tried to make any special or supplementary order as to any forfeiture, confiscation or additional punishment or the disposal of any articles used in the commission of the offence or to determine any other matters in issue at the trial or to rectify any error or omission, the jurisdiction conferred by this Ordinance on a Rural Court shall be deemed to authorize the Rural Court to exercise only such of those powers as are specified in respect of that offence in the fourth column of that Schedule, and subject always to such limitations and conditions as may be specified therein.
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Penalty for false or frivolous prosecution.
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27.
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(1) Where it appears to any Rural Court that any prosecution has been instituted before it falsely or maliciously, or upon frivolous or vexatious grounds, it shall be lawful for such Rural Court to sentence the party instituting such prosecution to a fine not exceeding twenty rupees, and in default of payment to detention or imprisonment in accordance with the provisions of section 26 (1).
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(2) Before sentence is passed on any party under subsection (1), the Rural Court shall record and consider any objections that such party may have to urge against the sentence, and, where the Rural Court passes such sentence, it shall record the reasons for so doing.
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Penalty for misconduct while a Rural Court is sitting.
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28. Any person who, while a Rural Court is sitting-
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(a) uses any violent, insulting, abusive or threatening language in the presence or within the hearing of such Rural Court; or
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(b) makes use of any violent, indecent, or unbecoming gestures in the presence or within the view of such Rural Court; or
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(c) wilfully interrupts or obstructs any proceedings of such Rural Court; or
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(d) does any other act in the presence of such Rural Court in disrespect of the authority of the Rural Court,
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Penalty for default in appearing as witness.
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29. Every person who, being summoned to appear as a witness before a Rural Court, wilfully makes default in compliance with the summons or having attended departs without having obtained the permission of the President, shall be guilty of an offence triable by such Rural Court and shall on conviction be liable to a fine not exceeding five rupees, or in default of payment to detention or imprisonment in accordance with the provisions of section 26 (1).
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Power to issue process.
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30. Every Rural Court shall, for the purposes of the exercise of its jurisdiction, have power to issue summonses, warrants and other processes in such form and in such circumstances and in such manner as may be prescribed.
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Duty of police officers and headmen to assist in carrying out Ordinance.
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31.
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(1) It shall be the duty of all police officers, and of all headmen authorized by the Government Agent to perform police duties, to aid and assist a Rural Court in the exercise of the powers and jurisdiction or the performance of the duties conferred or imposed by this Ordinance.
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(2) Every police officer or headman who fails to comply with the requirements of subsection (1) shall be guilty of an offence punishable after summary trial by a Magistrate with a fine not exceeding fifty rupees.
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Power to direct processes for service to any person.
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32. Any summons or warrant issued by the President of a Rural Court under the provisions of this Ordinance may be directed for service to any person or persons named therein, and may be served or executed by such person or persons or any police officer or headman at any place in Ceylon.
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Warrant for service outside jurisdiction.
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33.
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(1) When a warrant is to be executed outside the limits of the local jurisdiction of the Rural Court by which it is issued, the Rural Court may, instead of directing such warrant to any specified person, dispatch it by post or otherwise to any Rural Court or Magistrate’s Court having jurisdiction over the place where it is to be executed.
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(2) The President of the Rural Court or the Magistrate of the Court to which any warrant is dispatched under subsection (1) shall endorse his name thereon, and, if practicable, cause it to be executed within the limits of his local jurisdiction.
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Procedure on arrest outside jurisdiction.
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34. When a warrant is executed outside the limits of the local jurisdiction of the Rural Court by which it was issued, the person arrested shall be taken at the earliest opportunity before the Rural Court or the Magistrate’s Court having jurisdiction over the place where the arrest was made, and the President of such Rural Court or the Magistrate of such Court shall, if the person arrested appears to be the person intended by the Rural Court which issued the warrant, direct his removal in custody to such last-mentioned Rural Court:
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Provided that if the offence specified in the warrant is a bailable offence under the provisions of the Criminal Procedure Code and the person arrested is ready and willing to give bail to the satisfaction of the President or Magistrate before whom he is taken, such President or Magistrate shall admit him to bail and forward the bail bond to the Rural Court which issued the warrant.
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Duty of Fiscals.
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35.
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(1) Every Fiscal or Deputy Fiscal shall, either by himself or his officers, within the province or district, as the case may be, in which he is empowered to act-
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(a) execute all sentences and serve and execute all writs and processes, in civil and criminal cases, which he may lawfully be required or directed by any Rural Court to execute or serve;
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(b) make due return to such writs or processes, and certify the execution thereof, to such Rural Court; and
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(c) take into custody, and give into the charge of the Superintendent or jailer of a prison, all such persons as may by such Rural Court be committed to his custody.
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(2) The provisions of sections 2 and 98 of the Prisons Ordinance, and of sections 311 and 311a of the Criminal Procedure Code shall apply for the purposes of the execution of warrants of commitment issued by Rural Courts under the authority of this Ordinance, in like manner as if every reference therein to a court included a reference to a Rural Court and every reference to a Judge or Magistrate included a reference to the President of a Rural Court.
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Powers of police officers and headmen to arrest persons without a warrant.
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36.
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(1) Any police officer or a headman authorized by the Government Agent to perform police duties may without a warrant arrest any person for such of the offences punishable by a Rural Court as may be prescribed by rules under section 52. The powers hereby conferred on such police officer or headman shall be in addition to the powers of arrest conferred by the provisions of the Criminal Procedure Code.
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(2) Any police officer or headman who arrests or causes to be arrested without a warrant any person for an offence punishable by a Rural Court shall, if the offence is a bailable offence under the provisions of the Criminal Procedure Code have power to release the person arrested upon the execution by that person, in such form as may be prescribed, and with or without sureties as the police officer or headman may in his discretion require in the circumstances of each case, of a bond for the appearance of that person before a Rural Court.
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(3) Every police officer, and every headman below the rank of muhandiram, korala, or udayar who effects an arrest without a warrant and does not release under subsection (2) the person so arrested, shall take such person to one of the following officers, namely, the President of a Rural Court, the officer in charge of a police station, or a headman not below the rank of muhandiram, korala, or udayar.
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(4) The officer before whom the person arrested is produced, or a headman not below the rank of muhandiram, korala, or udayar who has himself effected an arrest or caused an arrest to be effected, shall, if the offence for which the person was arrested is a bailable offence under the provisions of the Criminal Procedure Code, release the person arrested upon the execution by that person, in such form as may be prescribed, and with or without sureties as the officer or headman may in his discretion require in the circumstances of each case, of a bond for the appearance of that person before a Rural Court. In default of the execution of such a bond the person arrested may be detained in custody, but shall be taken at the earliest opportunity before the Rural Court having jurisdiction to deal with the offence.
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Procedure on forfeiture of bond.
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37.
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(1) Whenever it is proved to the satisfaction of a Rural Court that a bond given under the provisions of this Ordinance has been forfeited, the President shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty due thereunder, or to show cause why it should not be paid.
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(2) If sufficient cause is not shown and the penalty is not paid, the President may proceed to recover such penalty by issuing a warrant addressed to the Fiscal for the attachment and sale of the movable or immovable property belonging to such person.
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(3) A warrant under subsection (2) issued by the President of a Rural Court may be executed within the limits of the local jurisdiction of the Rural Court, and it shall be deemed to authorize the attachment and sale of any movable or immovable property belonging to such person outside such limits when it is endorsed by the District Judge or Magistrate having jurisdiction over the place where such property is found or situate.
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(4) In every case where immovable property is sold under this section the provisions of section 411a of the Criminal Procedure Code shall apply.
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(5) If the penalty due under a bond is not paid and cannot be recovered by attachment and sale under subsections (2) and (3), the President by whom the warrant of attachment was issued may sentence the person bound by the bond to simple imprisonment for a term not exceeding fourteen days.
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(6) A Rural Court may at its discretion remit any portion of the penalty due under a bond and enforce payment of the remaining portion thereof.
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| APPLICATION OF FINES AND PENALTIES |
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Reward to informer or person apprehending an offender.
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38. Subject to any special provision of law relating to the payment of rewards to informers and police officers, it shall be lawful for a Rural Court before which any offender is convicted, to order at its discretion that any part not exceeding one-half of the fine or penalty recovered from such offender be paid over to, or applied for the use and benefit of, the person who shall first have given information against or been active in the apprehending of such offender, or shall appear otherwise deserving of reward in the matter:
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Provided that where such person is a headman appointed in writing by the Government Agent, the amount so awarded shall be paid into a general fund for the reward of such headmen to be regulated in such manner as the Minister l may from time to time direct;
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Provided further that no order made under this section shall take effect or be carried out until the expiry of the period within which an appeal against the conviction or sentence may be preferred under this Ordinance, or, where an appeal is preferred, until the confirmation of the conviction or sentence in appeal.
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Award of portion of fine to person aggrieved.
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39.
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(1) It shall be lawful for a Rural Court to order such proportion, as it may deem fit, of any fine recovered from an offender to be paid to the complainant or person aggrieved by the act or omission in respect of which such fine was imposed, and such other proportion thereof, as it may deem fit, to such person or persons as may be employed to do the work which ought to have been done, or to repair the mischief done, by the offender.
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(2) Where a party instituting any false or frivolous prosecution is sentenced by a Rural Court to a fine under section 27 the Rural Court may award the whole or any part of the fine recovered to the party aggrieved by such prosecution.
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(3) No payment shall be made in pursuance of any order under subsection (1) or award under subsection (2) until the expiry of the period within which an appeal against the conviction or sentence may be preferred under this Ordinance, or, where an appeal is preferred, until the confirmation of the conviction or sentence in appeal.
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(4) A person who accepts payment of any sum ordered under subsection (1) or awarded under sub section (2) shall not have or maintain any suit for the recovery of damages for the loss or injury sustained by him by reason of the act or omission or the false or frivolous prosecution in respect of which the fine or award of which that sum forms part was imposed or made.
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Deposit and disposal of fines, &c., recovered.
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40.
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(1) All fines, penalties, forfeitures and other sums recovered by a Rural Court shall, subject to the provisions of sections 38 and 39, be deposited with the Government Agent by the President or such other person as may be authorized by him in that behalf, and at such times and in such manner as may be prescribed.
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(2) Of the fines, penalties, forfeitures and other sums deposited with the Government Agent under sub-section (1), such part as may be payable under the Village Communities Ordinance into the communal fund of any village area within the jurisdiction of the Rural Court shall be credited by the Government Agent to that communal fund and the balance shall be credited by him to the Consolidated Fund. [1]
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| APPEAL, REVISION, AND CONTROL OF PROCEEDINGS |
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Appeal and revision.
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41.
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(1) Any person aggrieved by any final order or sentence of a Rural Court may within fourteen days (exclusive of Sundays and public holidays) of the date on which such order or sentence is made or passed, appeal by written petition to the District Judge having appellate jurisdiction over the Rural Court. For the purposes of this subsection ” final order ” means any order having the effect of a final judgment.
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(2) Upon any such appeal the District Judge may-
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(a) affirm, reverse, or vary the order or sentence appealed from; or
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(b) direct further inquiry, or the taking of further evidence; or
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(c) order a new trial of the matter in issue; or
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(d) grant such further or other relief as the circumstances may require:
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Provided that nothing in this section shall be deemed to authorize the District Judge to enhance any sentence or to reverse or in any way interfere with any order of acquittal made by a Rural Court.
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(3) The form of appeals and the manner of the filing, the hearing and the disposal of appeals shall be in accordance with such rules of procedure as may be made under section 52.
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(4) No party to an appeal shall be entitled or be permitted to appear, either by himself or by agent or representative, before a District Judge on any appeal under this section.
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(5) No appeal shall lie to the Supreme Court or to any other authority from the decision of a District Judge on any appeal under this section:
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Provided that on a question of law arising out of any appeal, the District Judge may, if he thinks fit, state a case for the opinion of the Supreme Court after giving notice thereof to the parties; and where the opinion of the Supreme Court, or of such number of Judges thereof as the Chief Justice may determine is Communicated to the District Judge, he shall make his Appeal and revision. order upon the appeal in accordance with that opinion and not otherwise.
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(6) The District Judge may, at any time, of his own motion call for and examine the record of any case, whether pending trial before or already tried by a Rural Court, for the purpose of satisfying himself as to the propriety of the proceedings or of any order, decision or sentence made or passed thereon by the Rural Court, and, upon consideration of such case, issue any directions which to the District Judge may appear necessary or make any order which the District Judge might have made under subsection (2) if the case had come before him in due course of appeal.
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(7) It shall be the duty of the Rural Court to comply with all directions issued, and give effect to all orders made, by the District Judge under the preceding provisions of this section.
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District Judge having appellate jurisdiction.
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42. For the purposes of this Ordinance, every Judge and Additional Judge of the District Court having local jurisdiction over the area, for which any Rural Court is established or deemed to be established, shall have, and is hereby authorized to exercise, appellate jurisdiction over the Rural Court; and accordingly, the expression ” District Judge having appellate jurisdiction “, in relation to that Rural Court, shall be deemed to include every Judge and Additional Judge of that Court:
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Provided that where the area for which a Rural Court is established or deemed to be established falls within the local jurisdiction of two or more District Courts, every Judge and Additional Judge of the District Court which is nominated in that behalf by the Minister of Justice, [1] by Order published in the Gazette, shall have and exercise appellate jurisdiction over that Rural Court to the exclusion of the Judges of the other District Court or Courts.
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Stamp duty on civil cases.
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43. The party plaintiff in every civil case instituted, or referred by consent of parties for trial, before a Rural Court shall, at the time of the institution or reference of the case, forthwith supply the President of such Rural Court with stamps in payment of duty at the following rates: –
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(a) Where the subject-matter of the case does not exceed twenty rupees in value-a duty of ten cents;
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(b) Where the subject-matter of the case exceeds twenty rupees in value and does not exceed fifty rupees in value-a duty of fifty cents;
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(c) Where the subject-matter of the case exceeds fifty rupees in value-a duty of two rupees.
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Duty of President to affix and cancel stamps.
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44. It shall be the duty of the President of a Rural Court to affix to the plaint in each civil case instituted or referred for trial the stamps supplied in payment of duty on that case, and to cancel such stamps by writing his initials across the stamps, together with the true date of cancellation.
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No right to sue in forma pauperis.
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45. No suitor in any case instituted in or referred to a Rural Court shall be allowed to sue in forma pauperis.
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Proceedings in civil matters not to commence until stamps are supplied.
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46. No plaint shall be accepted nor shall any proceedings be commenced in any matter by a Rural Court in the exercise of its civil jurisdiction, until the stamps prescribed by this Ordinance for a matter of that class or description have been supplied by the party plaintiff.
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Stamp duty on appeals.
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47. Every person preferring an appeal against any order of a Rural Court shall affix to his petition of appeal stamps to the value of one rupee, and no such petition of appeal shall be entertained unless it is so stamped.
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Power to award costs to successful plaintiff.
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48. Every Rural Court shall have power upon the determination of any civil case to award to a successful plaintiff, as costs to be paid by the party defendant, the value of the stamps supplied by the plaintiff.
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Value of stamps returnable if appeal successful or reasonable.
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49. The value of the stamps affixed to a petition of appeal shall be returnable to the appellant-
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(a) if the appeal is successful; or
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(b) if the District Judge is of opinion that there was reasonable ground for the appeal and makes order directing that the value of the stamps shall be returned to the appellant.
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Duty of President as to books, returns, and records.
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50. It shall be the duty of the President of every Rural Court-
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(a) to keep such registers, books, and accounts, as may be prescribed;
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(b) to furnish to the District Judge having appellate jurisdiction over the Rural Court or to any other prescribed officer, in the prescribed form and at the prescribed intervals, returns and statements of the prosecutions, actions, and other proceedings instituted, pending, or heard and determined in the Rural Court;
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(c) upon request made by any District Judge, to transmit for inspection the records or journals of any proceedings in the Rural Court.
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Power to amend First and Second Schedules.
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51. The Minister of Justice [1] may, from time to time, by Order [1] published in the Gazette, amend the First Schedule or the Second Schedule to this Ordinance in any manner which to him may seem expedient.
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Power to make rules.
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52.
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(1) The Minister of Justice [1] may make all such rules as may be necessary for prescribing-
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(a) the procedure to be observed in the institution, conduct and disposal of prosecutions in criminal matters, actions in civil matters and all other proceedings before Rural Courts;
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(b) the nature and form of the processes to be issued by Rural Courts, the circumstances in which such processes may be issued and enforced, and the mode of serving or executing such processes;
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(c) the procedure to be observed in the execution of judgments, the seizure and sale of movable and immovable property, the disposal of claims to property seized in execution, and the recovery of fines, penalties and forfeitures;
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(d) the fees to be charged in respect of the seizure and sale by the Fiscal of movable and immovable property in execution of judgments and the mode of recovery of such fees;
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(e) the offences triable before a Rural Court for which a police officer or a headman authorized by the Government Agent to perform police duties, may, in accordance with the provisions of such rules, arrest offenders without a warrant;
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(f) the manner in which, and the officer by whom, the proceedings fixed before a Rural Court for any date may be postponed to any other date, in the event of the illness or the unforeseen absence of the President from any other cause;
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(g) the form of appeals under Part VII and the procedure to be observed in the filing, hearing, and disposal of such appeals;
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(h) the procedure to be observed and the fees payable for obtaining certified copies of or extracts from records, journals or documents from Rural Courts;
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(i) all matters required or authorized by this Ordinance to be prescribed;
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(j) all other matters necessary to give effect to the provisions of this Ordinance.
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(2) Every rule made under subsection (1) shall be published in English and in the Sinhalese and Tamil languages in the Gazette, and when so published shall have the force of law.
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(3) Every rule made under subsection (1) shall be laid before the Senate and the House of Representatives [1] as soon as conveniently may be after the publication thereof; and if at any time within forty days of the date on which such rule is so laid before the Senate and the House of Representatives, l or at any of the three meetings of the Senate or the House of Representatives [1] next succeeding such date, a resolution be passed by the Senate or the House of Representatives [1] praying that the rule be rescinded or amended, the rule shall be rescinded or amended accordingly, but without prejudice to anything that may have been done thereunder before the date of that resolution.
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Reference of issues by District Court and Court of Requests.
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53.
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(1) Any District Court or Court of Requests in which any case is pending from any area in which a Rural Court is established, shall have power-
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(a) with the written consent of all the parties to the case but not otherwise, to refer to such Rural Court any issue of disputed boundary or encroachment or any case in which an inspection of the premises and examination of witnesses on the spot are likely to conduce to the ends of justice;
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(b) to require the Rural Court to inquire into such issue or case and report thereon to such court; and
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(c) on receipt of such report with the evidence upon which it is founded, to proceed to determine and decide such case, with or without further evidence, as to it shall seem expedient.
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(2) A Rural Court shall not be bound to inquire into or report on any such issue or case unless the District Court or Court of Requests forwards to the President a sum sufficient to cover the traveling or other expenses of the President.
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Power of District Judge to punish acts or conduct in disrespect of the authority of Rural Courts.
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54.
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(1) Whenever it is brought to the knowledge of the District Judge having appellate jurisdiction over a Rural Court that any person has, in disrespect of the authority of the Rural Court, done any act or been guilty of any conduct (other than such act or conduct as is punishable under section 28) which in relation to any court established under the Courts Ordinance would amount to contempt of court, the District Judge shall have full power and authority to take cognizance of and to punish such act or conduct, and for that purpose-
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(a) to issue, in accordance with the provisions of the Criminal Procedure Code which are applicable to District Courts, such processes as the District Judge may deem necessary to secure the attendance before him of that person and of any other person who has or is believed to have knowledge of such act or conduct;
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(b) to call upon the first-mentioned person to show cause why he should not be punished for such act or conduct, and to hold such inquiry in the matter as the District Judge may deem necessary; and
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(c) where good cause is not shown by such person, to sentence him to imprisonment of either description for a period not exceeding fourteen days or to a fine not exceeding fifty rupees.
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(2) Every order made or sentence imposed by a District Judge under subsection (1) shall be carried out or executed in accordance with the provisions of the Criminal Procedure Code in like manner as an order made or sentence imposed by a District Court under that Code.
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(3) No appeal shall lie to the Supreme Court or any other authority from any order or sentence of the District Judge under subsection (1).
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Interpretation.
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55. In this Ordinance, unless the context otherwise requires-
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” appointed date ” means the 1st day of October, 1946;
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” District Judge ” includes an Additional District Judge;
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” Fiscal ” includes a Deputy Fiscal within the Province for which the Fiscal is appointed;
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” Government Agent ” includes the Assistant Government Agent of a district;
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” local jurisdiction “, in relation to any Rural Court, means the Revenue Division or the specified part of a Revenue Division for which that Rural Court has been established;
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” prescribed ” means prescribed by rule under section 52;
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” Revenue Division ” means a Divisional Revenue Officer’s Division within the meaning of the Headmen (Change of Designation) Ordinance.
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ACTIONS EXCLUDED FROM THE JURISDICTION OF RURAL COURTS
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(1) Any action concerning an act or order purporting to be done or made by the Government 3 or concerning an act purporting to be done by any person by order of the Government. 3
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(2) Any action concerning an act purporting to be done by any person in pursuance of a judgment or order of a court or of a judicial officer acting in the execution of his office.
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(3) Any action concerning an act or order purporting to be done or made by any officer of Government in his official capacity.
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(4) Any action for the partition of immovable property.
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(5) Any action by a mortgagee of immovable property for the enforcement of the mortgage or for the sale of the property, or by a mortgagor of immovable property for the redemption of the mortgage.
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(6) Any action to restrain waste.
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(7) Any action to recover from a person to whom compensation has been paid under the Land Acquisition Ordinance or Act, the whole or any part of the compensation.
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(8) Any action for the specific performance or rescission of a contract.
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(9) Any action for the rectification or cancellation of an instrument.
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(10) Any action to obtain an injunction.
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(11) Any action relating to a trust, including an action to make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust, and any action by a co-trustee to enforce against the estate of a deceased trustee a claim for contribution.
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(12) Any action for a declaratory decree other than a decree for the declaration of title to land.
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(13) Any action for property which the plaintiff has conveyed while insane.
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(14) Any action to contest an award made by an arbitrator.
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(15) Any action upon a foreign judgment as defined in the Civil Procedure Code or upon a judgment obtained in any court in Ceylon.
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(16) Any action to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets.
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(17) Any action for a legacy or for the whole or a share of a residue bequeathed by a testator, or for the whole or a share of the property of an intestate.
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(18) Any action-
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(a) for a dissolution of partnership or for the winding up of the business of a partnership after its dissolution;
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(b) for an account of partnership transactions; or
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(c) for a balance of partnership-account.
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(19) Any action for an account of property administered under a decree or order of any court.
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(20) Any other action for an account, including an action by a mortgagor, after the mortgage has been satisfied, to recover surplus collections received by the mortgagee, and any action for the profits on immovable property belonging to the plaintiff which have been wrongfully received by the defendant.
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(21) Any action for a general average loss or for salvage.
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(22) Any action for compensation in respect of collision between ships.
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(23) Any action on a policy of insurance or for the recovery of any premium paid under any such policy.
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(24) Any action for compensation or damages-
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(a) for loss resulting from the death of a person caused by actionable wrong;
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(c) for malicious prosecution;
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(d) for wrongful restraint or confinement;
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(f) for adultery or seduction;
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(g) for breach of contract of betrothal or promise of marriage;
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(h) for inducing a person to break a contract made with the plaintiff;
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(i) for obstruction to or interference with the enjoyment of any servitude or the exercise of any right over property.
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(25) Any action by a Muslim for the recovery of mahr.
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(26) Any action for the custody of a minor.
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(27) Any action for a divorce or a judicial separation.
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(28) Any action relating to maintenance.
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(29) Any action for contribution by a sharer in joint property in respect of a payment made by him of money due from a co-sharer.
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(30) Any action by one of several joint mortgagors of immovable property for contribution in respect of money paid by him for the redemption of the mortgaged property.
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(31) Any action against the Government or a local authority to recover money paid under protest in satisfaction of a claim made on account of any tax or rate.
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(32) Any action which is excluded from the jurisdiction of a Rural Court by any written law (other than this Ordinance) for the time being in force.
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Schedules
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