THE GRAM NYAYALAYAS ACT, 2008

2008 · State unknown · central · act_text

Sections (42)

1 · Short title, extent and commencement . — (1) This Act may be called the Gram Nyayalayas Act, 2008.

2 · Definitions . — In this Act, unless the context otherwise requires,—

1 · The words "the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).

2 · . 2nd October , 2009, vide notification No. S.O. 2313(E), dated 11th November , 2009, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

3 · Establishment of Gram Nyayalayas . — (1) For the purpose of exercising the jurisdiction and powers conferred on a Gram Nyayalaya by this Act, the State Government, after consultation with the High Court, may, by notification, establish one or more Gram Nyayalayas for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district or where there is no Panchayat at intermediate level in any State, for a group of contiguous Gram Panchayats.

4 · Headquarters of Gram Nyayalaya . — The headquarters of every Gram Nyayalaya shall be located at the headquarters of the intermediate Panchayat in which the Gram Nyayalaya is established or such other place as may be notified by the State Government.

5 · Appointment of Nyayadhikari . — The State Government shall, in consultation with the High Court, appoint a Nyayadhikari for every Gram Nyayalaya.

6 · Qualifications for appointment of Nyayadhikari . — (1) A person shall not be qualified to be appointed as a Nyayadhikari unless he is eligible to be appointed as a Judicial Magistrate of the first class.

7 · Salary, allowances and other terms and conditions of service of Nyayadhikari . — The salary and other allowances payable to, and the other terms and conditions of service of, a Nyayadhikari shall be such as may be applicable to the Judicial Magistrate of the first class.

8 · Nyayadhikari not to preside over proceedings in which he is interested . — The Nyayadhikari shall not preside over the proceedings of a Gram Nyayalaya in which he has any interest or is otherwise involved in the subject matter of the dispute or is related to any party to such proceedings and in such a case, the Nyayadhikari shall refer the matter to the District Court or the Court of Session, as the case may be, for transferring it to any other Nyayadhikari.

9 · Nyayadhikari to hold mobile courts and conduct proceedings in villages . — (1) The Nyayadhikari shall periodically visit the villages falling under his jurisdiction and conduct trial or proceedings at any place which he considers is in close proximity to the place where the parties ordinarily reside or where the whole or part of the cause of action had arisen:

10 · Seal of Gram Nyayalaya . — Every Gram Nyayalaya established under this Act shall use a seal of the court in such form and dimensions as may be prescribed by the High Court with the approval of the State Government.

11 · Jurisdiction of Gram Nyayalaya . — Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, the Gram Nyayalaya shall exercise both civil and criminal jurisdiction in the manner and to the extent provided under this Act.

12 · Criminal jurisdiction . — (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, the Gram Nyayalaya may take cognizance of an offence on a complaint or on a police report and shall—

13 · Civil jurisdiction . — (1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, and subject to sub-section (2), the Gram Nyayalaya shall have jurisdiction to—

14 · Power to amend Schedules . — (1) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, add to or omit any item in Part I or Part II of the First Schedule or Part II of the Second Schedule, as the case may be, and it shall be deemed to have been amended accordingly.

15 · Limitation . — (1) The provisions of the Limitation Act, 1963 (36 of 1963) shall be applicable to the suits triable by the Gram Nyayalaya.

16 · Transfer of pending proceedings . — (1) The District Court or the Court of Session, as the case may be, with effect from such date as may be notified by the High Court, may transfer all the civil or criminal cases, pending before the courts subordinate to it, to the Gram Nyayalaya competent to try or dispose of such cases.

17 · Duties of ministerial officers . — (1) The State Government shall determine the nature and categories of the officers and other employees required to assist a Gram Nyayalaya in the discharge of its functions and provide the Gram Nyayalaya with such officers and other employees as it may think fit.

18 · Overriding effect of Act in criminal trial . — The provisions of this Act shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law, but save as expressly provided in this Act, the provisions of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before a Gram Nyayalaya; and for the purpose of the said provisions of the Code, the Gram Nyayalaya shall be deemed to be a Court of Judicial Magistrate of the first class.

19 · Gram Nyayalaya to follow summary trial procedure . — (1) Notwithstanding anything contained in sub -section (1) of section 260 or sub-section (2) of section 262 of the Code of Criminal Procedure, 1973 (2 of 1974) the Gram Nyayalaya shall try the offences in a summary way in accordance with the procedure specified in Chapter XXI of the said Code and the provisions of sub-section (1) of section 262 and sections 263 to 265 of the said Code, shall, so far as may be, apply to such trial.

20 · Plea bargaining before Gram Nyayalaya . — A person accused of an offence may file an application for plea bargaining in Gram Nyayalaya in which such offence is pending trial and the Gram Nyayalaya shall dispose of the case in accordance with the provisions of Chapter XXIA of the Code of Criminal Procedure, 1973 (2 of 1974) .

21 · Conduct of cases in Gram Nyayalaya and legal aid to parties . — (1) For the purpose of conducting criminal cases in the Gram Nyayalaya on behalf of the Government, the provisions of section 25 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply.

22 · Pronouncement of judgment . — (1) The judgment in every trial shall be pronounced by the Nyayadhikari in open court immediately after the termination of the trial or at any subsequent time, not exceeding fifteen days, of which notice shall be given to the parties.

23 · Overriding effect of Act in civil proceedings . — The provisions of this Act shall have effect notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law,

24 · Special procedure in civil disputes . — (1) Notwithstanding anything contained in any other law for the time being in force, every suit, claim or dispute under this Act shall be instituted by making an application to the Gram Nyayalaya in such form, in such manner, and accompanied by such fee, not exceeding rupees one hundred, as may be prescribed by the High Court, from time to time, in consultation with the State Government.

25 · Execution of decrees and orders of Gram Nyayalaya . — (1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) the judgment passed by a Gram Nyayalaya shall be deemed to be a decree and it shall be executed by a Gram Nyayalaya as a decree of the civil court and for this purpose, the Gram Nyayalaya shall have all the powers of a civil court.

26 · Duty of Gram Nyayalaya to make efforts for conciliation and settlement of civil disputes . — (1) In every suit or proceeding, endeavour shall be made by the Gram Nyayalaya in the first instance, where it is possible to do so, consistent with the nature and circumstances of the case, to assist, persuade and conciliate the parties in arriving at a settlement in respect of the subject matter of the suit, claim or

27 · Appointment of Conciliators . — (1) For the purposes of section 26, the District Court shall, in consultation with the District Magistrate, prepare a panel consisting of the names of social workers at the village level having integrity for appointment as Conciliators who possess such qualifications and experience as may be prescribed by the High Court.

28 · Transfer of civil disputes . — The District Court having jurisdiction may, on an application made by any party or when there is considerable pendency of cases in one Gram Nyayalaya or whenever it considers necessary in the interests of justice, transfer any case pending before a Gram Nyayalaya to any other Gram Nyayalaya within its jurisdiction.

29 · Proceedings to be in the official language of the State . — The proceedings before the Gram Nyayalaya and its judgment shall, as far as practicable, be in one of the official languages of the State other than the English language.

30 · Application of Indian Evidence Act, 1872 . — A Gram Nyayalaya may receive as evidence any report, statement, document, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872) .

31 · Record of oral evidence . — In suits or proceedings before a Gram Nyayalaya, it shall not be necessary to record the evidence of witnesses at length, but the Nyayadhikari, as the examination of each witness proceeds, shall, record or cause to be recorded, a memorandum of substance of what the witness deposes, and such memorandum shall be signed by the witness and the Nyayadhikari and it shall form part of the record.

32 · Evidence of formal character on affidavit . — (1) The evidence of any person where such evidence is of a formal character, may be given by affidavit and may, subject to all just exceptions, be read in evidence in any suit or proceeding before a Gram Nyayalaya.

33 · Appeal in criminal cases . — (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law, no appeal shall lie from any judgment, sentence or order of a Gram Nyayalaya except as provided hereunder.

34 · Appeal in civil cases . — (1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law, and subject to sub-section (2), an appeal shall lie from every judgment or order, not being an interlocutory order, of a Gram Nyayalaya to the District Court.

35 · Assistance of police to Gram Nyayalayas . — (1) Every police officer functioning within the local limits of jurisdiction of a Gram Nyayalaya shall be bound to assist the Gram Nyayalaya in the exercise of its lawful authority.

36 · Nyayadhikaris and employees, etc., to be public servants . — The Nyayadhikaris and the officers and other employees of the Gram Nyayalayas shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860) .

37 · Inspection of Gram Nyayalayas . — The High Court may authorise any judicial officer superior in rank to the Nyayadhikari to inspect the Gram Nyayalayas within his jurisdiction once in every six months or such other period as the High Court may prescribe and issue such instructions, as he considers necessary and submit a report to the High Court.

38 · Power to remove difficulties . — (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty:

39 · Power of High Court to make rules . — (1) The High Court may, by notification, make rules for carrying out the provisions of this Act.

40 · Power of State Government to make rules . — (1) The State Government may, by notification, make rules for carrying out the provisions of this Act.

Subordinates (28)

Law and Judiciary Department, Mantralaya, Mum ary Department, Mantralaya, Mumbai 400 032. Dated t 0 032. Dated the 29th September 2009.

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Law and Judiciary Department Mantralaya, Mumbai 400 032. Dated the 29th September 2009.

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Law and Judiciary Department, Mantralaya, Mumbai 400 032. Dated the 29th September 2009.

Type: notifications · UID: 2bbde770d6968304eefb30ff4763bae757ec8126 · PDF: yes · Text: yes · Rule index: yes

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Law and Judiciary Department; Mantralaya, Mumbai 400 032 Dated the 29th September 2009.

Type: notifications · UID: 4d615923a97687fdd44a0c4e09e769cb39b90f08 · PDF: yes · Text: yes · Rule index: yes

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No. 472/VII-Nyaya-2-2013-206-2011 Deted Lucknow, April 16, 2013

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Law and Judiciary Department Mantralaya, Mumbai 400 032. Dated the 29th September 2009.

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Law and Judiciary Department, Mantralaya, Mumbai 400 032. Dated the 29th September 2009.

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Law and Judiciary Department; Mantralaya, Mumbai 400 032. Dated the 29th September 2009.

Type: notifications · UID: 6097858c53b3ff61c4abc5be1a8c787c4ede92a4 · PDF: yes · Text: yes · Rule index: yes

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No.CRC 2011/CR 149/D.12 Law & Judiciary Department; Madam Kama Road; Hutatma Rajguru Chowk Mantralaya Mumbai 400 032 Dated the 20 January, 2

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Law and Judiciary Department; Mantralaya, Mumbai 400 032. Dated the 29th September 2009.

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Law and Judiciary Department, Mantralaya, Mumbai 400 032. Dated the 29th September 2009.

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Law and Judiciary Department,

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Law and Judiciary Department, Mantralaya, Mumbai 400 032. Dated the 290 September 2009.

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Law and Judiciary Department; Mantralaya, Mumbai 400 032. Dated the 29th September 2009.

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Law and Judiciary Department; Mantralaya Mumbai 400 032. Dated the 29th September 2009.

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No.CRC 2011/CR 149/D.12 Law & Judicia

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2/2/21 31-JHT-2 )

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Law and Judiciary Department, Mantralaya, Mumbai 400 0

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No. 472/VII-Nyaya-2-2013-20G-2011 Deted Lucknow, April 16, 2013

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Law and Judiciary Department; Mantralaya; Mumbai 400 032. Dated the 29th September 2009.

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Law and Judiciary Department,

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Law and Judiciary Department,

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Law and Judiciary Department, Mantralaya, Mumba ary Department, Mantralaya, Mumbai 400 032.

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