No. 472/VII-Nyaya-2-2013-206-2011 Deted Lucknow, April 16, 2013
rules · 2008 · State unknown
Parent: THE GRAM NYAYALAYAS ACT, 2008 (dc31ce5bbc89a74097e9a9d8d5446bd42f4cd94e)
Text
Rule TOC
1 · (a) These Rules may be called the Uttar Pradesh Gram Nyayalaya (Procedure and Practice) Rules, 2009,
2 · In these rules; unless the context otherwise requires (a) The Act" means (the Gram Nyayalayas Act; 2001 (Act no.4 of 2009).
3 · (a) Gram Nyayalaya shall be established Location of at the Headquarters of (a) Kshetrs territorial Panchayat or at such other place as may be (jurisdiction notified by the State Government and shall of Gram have the territorial jurisdiction over one or Nyayalaya more Kshetra Panchayats for which it is established:
4 · The office of Gram Nyayalaya shall be open on all working days from 10.00 a.m to 5.00 p.m. or during such other hours as may be notified by the High Court from Siting hours time to time: of Gram Nyayalaya 5_ The Gram Nyayalaya shall ordinarily hold (sitting from 10.0 am to 1.30 p.m: and from 2.00 pm: to 4.00 pm: with a lunch Language of break not exceeding half-an-hour between Proceedings; 1.30 pm: to 2.00 p.m: Fetitions and 6_ AlI proceedings before the Gram Complaints
93 · Nyayadhikari may within his local limits Mobile Court hold mobile court with prior intimation to the Chief Judicial Magistrate or the District and Sessions Judge of the District_
12 · (a) The plaint and original petitions shall Form of plaint and contain the following particulars; original Petition
14 · The details of all the proceedings of a
15 · (a) When a plaint/petition as the case Summons to may be has been duly presented, the Gram defendants/respondents Nyayalaya shall cause the same to be how served registered, and shall; by summon in writing require the defendant to appear and answer the claim on a specific day-
16 · If the Gram Nyayalaya is satisfied that Mode of service when the defendant/respondent is evading defendant/respondent service of summons; or has refused to affix evades service his signature to the summons; or for any other reason the summons can not be served in the manner provided for in rule 12, the Gram Nyayalaya may order that it be served through an advertisement is daily newspaper circulating in the locality in which the defendant resides; carries on business or works for gain:
17 · When the defendant/respondent is Mode of service when beyond local Jurisdiction of Gram defendant/respondent Nyayalaya, the summons shall be served is beyond local through registered post with Jurisdiction acknowledgement due and the return of the acknowledgement due shall be prima facie evidence of the facts stated therein:
18 · In matters of appearance and Apprearance consequence of non-sppearance of parties of the parties Order IX of the Code shall apply: and consequence of the non appearance CHAPTER-V 19. (a) Gram Nyayalaya shall initially Gram nyay endeavour to bring an amicable settlement alaya to between the parties attempt amicable (b) If it appears at any stage or the settlement proceedings that the parties are likely to and settle the matter amicably, the Gram reference to Nyayalaya may adjourn the hearing to a Counciliator later date and refer the matter to a conciliator or concilistors with a direction to submit a report as to the outcome of the conciliations within 15 days of such reference:
20 · Upon submission of report by the Gram nyay conciliator/ conciliators the Gram Nyayalya alaya to shall take up the matter for hearing on a dispose of date fixed therefor; and shall pronounce proceedings the judgement or order in terms thereof unless it considers the terms of the settlement unconscionable or illegal or against the public policy:
21 · (a) Conciliators shall be appointed by Appointment the Government from a panel prepared by and the District and Sessions Judge in qualification consultation with District Magistrate and of they shall be deployed at the disposal of conciliators Gram Nyayalaya in the district:
22 · The proceedings prescribed under withdrawal Order XXIII rule of the Code shall apply of for the withdrawal of the proceedings proceedings
23 · The provisions of the Code of Civil Applicability Procedure and General Rules (Civil): 1957 of the Code may be followed in respect of civil of Civil proceeding to the extent they are not Procedure inconsistent with the provisions of the Act and the and these rules, General Rule (Civil), 1957
24 · (a) Initiation of Criminal Cases before Initiation of the Gram Nyayalaya shall be either on a Criminal police report or a complaint given orally or Cases in writing by the complainant
25 · In trials under this Chapter, the Procedur for procedure prescribed under Chapter XXI of trials the Code shall apply:
26 · Every Gram Nyayalaya shall maintain a Record in bound register for making an entry into it Summary of the cases instituted there under Rule trials (21).
27 · The provisions of the Code of Criminal Applicability Procedure and the General Rules (Criminal), of the Code 1977 may be followed in respect of criminal of Criminal proceedings to the extent they are not Procedure inconsistent with the Act and these rules and the General Rules (Criminal); 1977 CHAPTER-VII
32 · The forms prescribed in the Code, General Rules (Civil), 1957 and the General Rules (Criminal), 1977 shall apply mutatis mutandis. CHAPTER-VIII
33 · Gram Nyayalaya shall observe such holidays, as are declared by the High Court of Judicature at Allahabad for the subordinate courts from time to time
34 · Confidential reports of Nyayadhikaris shall be written by the concerned District and Sessions Judge of the district as is written in case of other subordinate Judes and will be placed before the High Court of Judicature at Allahabad
35 · The Nyayadhikari shall be subject to the same Service Condition Rules as are applicable to the other Judicial Officers of the Subordinate Courts.
36 · The provisions of the Indian Limitation Act; 1963 shall be applicable in proceedings before Gram Nyayalayas: No suit or proceeding shall be instituted in a Gram Nyayalaya for which the period of limitation prescribed by the Indina Limitation Act has expired.
37 · The High Court of Judicature at Allahabad shall have power to amend; modify, delete or relax any rule whenever it is deemed necessary: