26. Duty of Gram Nyayalaya to make efforts for conciliation and settlement of civil disputes.
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 dispute and for this purpose, a Gram Nyayalaya shall follow such procedure as may be prescribed by the High Court.
(2) Where in any suit or proceeding, it appears to the Gram Nyayalaya at any stage that there is a reasonable possibility of a settlement between the parties, the Gram Nyayalaya may adjourn the proceeding for such period as it thinks fit to enable them to make attempts to effect such a settlement.
(3) Where any proceeding is adjourned under sub-section (2), the Gram Nyayalaya may, in its discretion, refer the matter to one or more Conciliators for effecting a settlement between the parties.
(4) The power conferred by sub-section (2) shall be in addition to, and not in derogation of, any other power of the Gram Nyayalaya to adjourn the proceeding.
27. Appointment of Conciliators.
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.
(2) The sitting fee and other allowances payable to, and the other terms and conditions for engagement of, Conciliators shall be such as may be prescribed by the State Government.
28. Transfer of civil disputes.
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.
Chapter VI
PROCEDURE GENERALLY
29. Proceedings to be in the official language of the State.
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.
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).
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Other Contents of Gram Nyayalayas Act, 2008 |
31. Record of oral evidence.
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.
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.
(2) The Gram Nyayalaya may, if it thinks fit, and shall, on the application of any of the parties to the suit or proceeding, summon and examine any such person as to the facts contained in his affidavit.
Chapter VII
APPEALS
33. Appeal in criminal cases.
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.
(2) No appeal shall lie where—
(a) an accused person has pleaded guilty and has been convicted on such plea;
(b) the Gram Nyayalaya has passed only a sentence of fine not exceeding one thousand rupees.
(3) Subject to sub-section (2), an appeal shall lie from any other judgment, sentence or order of a Gram Nyayalaya to the Court of Session.
(4) Every appeal under this section shall be preferred within a period of thirty days from the date of judgment, sentence or order of a Gram Nyayalaya:
Provided that the Court of Session may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(5) An appeal preferred under sub-section (3) shall be heard and disposed of by the Court of Session within six months from the date of filing of such appeal.
(6) The Court of Session may, pending disposal of the appeal, direct the suspension of the sentence or order appealed against.
(7) The decision of the Court of Session under sub-section (5) shall be final and no appeal or revision shall lie from the decision of the Court of Session:
Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under Articles 32 and 226 of the Constitution.
34. Appeal in civil cases.
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.
(2) No appeal shall lie from any judgment or order passed by the Gram Nyayalaya—
(a) with the consent of the parties;
(b) where the amount or value of the subject matter of a suit, claim or dispute does not exceed rupees one thousand;
(c) except on a question of law, where the amount or value of the subject matter of such suit, claim or dispute does not exceed rupees five thousand.
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Gram Nyayalaya:
Provided that the District Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(4) An appeal preferred under sub-section (1) shall be heard and disposed of by the District Court within six months from the date of filing of the appeal.
(5) The District Court may, pending disposal of the appeal, stay execution of the judgment or order appealed against.
(6) The decision of the District Court under sub-section (4) shall be final and no appeal or revision shall lie from the decision of the District Court:
Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under Articles 32 and 226 of the Constitution.
Chapter VIII
MISCELLANEOUS
35. Assistance of police to Gram Nyayalayas.
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.
(2) Whenever the Gram Nyayalaya, in the discharge of its functions, directs a revenue officer or police officer or Government servant to provide assistance to the Gram Nyayalaya, he shall be bound to provide such assistance.
36. Nyayadhikaris and employees, etc., to be public servants.
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.
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.
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:
Provided that no order shall be made under this section after the expiry of a period of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
39. Power of High Court to make rules.
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.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the form and dimensions of the seal of the Gram Nyayalaya under Section 10;
(b) the form, the manner and the fee for institution of suit, claim or proceeding under sub-section (1) of Section 24;
(c) manner of service on opposite party under sub-section (2) of Section 24;
(d) procedure for conciliation under sub-section (1) of Section 26;
(e) qualifications and experience of Conciliators under sub-section (1) of Section 27;
(f) the period for inspection of Gram Nyayalayas under Section 37.
(3) Every notification issued by the High Court shall be published in the Official Gazette.
40. Power of State Government to make rules.
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.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Gram Nyayalayas under sub-section (2) of Section 17;
(b) the sitting fee and other allowances payable to, and the other terms and conditions for engagement of, Conciliators under sub-section (2) of Section 27.
(3) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature.
The First Schedule
THE FIRST SCHEDULE
(See Sections 12 and 14)
Part I
Offences under the Indian Penal Code (45 of 1860), etc.
(i) Offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
(ii) theft, under Section 379, Section 380 or Section 381 of the Indian Penal Code (45 of 1860), where the value of the property stolen does not exceed rupees twenty thousand;
(iii) receiving or retaining stolen property, under Section 411 of the Indian Penal Code (45 of 1860), where the value of the property does not exceed rupees twenty thousand;
(iv) assisting in the concealment or disposal of stolen property, under Section 414 of the Indian Penal Code (45 of 1860), where the value of such property does not exceed rupees twenty thousand;
(v) offences under Sections 454 and 456 of the Indian Penal Code (45 of 1860);
(vi) insult with intent to provoke a breach of the peace, under Section 504, and criminal intimidation, punishable with imprisonment for a term which may extend to two years, or with fine, or with both, under Section 506 of the Indian Penal Code (45 of 1860);
(vii) abetment of any of the foregoing offences;
(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence.
Part II
Offences and relief under the other Central Acts
(i) Any offence constituted by an act in respect of which a complaint may be made under Section 20 of the Cattle Trespass Act, 1871 (1 of 1871);
(ii) the Payment of Wages Act, 1936 (4 of 1936);
(iii) the Minimum Wages Act, 1948 (11 of 1948);
(iv) the Protection of Civil Rights Act, 1955 (22 of 1955);
(v) order for maintenance of wives, children and parents under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974);
(vi) the Bonded Labour System (Abolition) Act, 1976 (19 of 1976);
(vii) the Equal Remuneration Act, 1976 (25 of 1976);
(viii) the Protection of Women from Domestic Violence Act, 2005 (43 of 2005).
Part III
Offences and relief under the State Acts
(To be notified by the State Government)
The Second Schedule
THE SECOND SCHEDULE
(See Sections 13 and 14)
Part I
Suits of a Civil Nature within the Jurisdiction of Gram Nyayalayas
(i) Civil Disputes:
(a) right to purchase of property;
(b) use of common pasture;
(c) regulation and timing of taking water from irrigation channel.
(ii) Property Disputes:
(a) village and farm houses (Possession);
(b) water channels;
(c) right to draw water from a well or tube well.
(iii) Other Disputes:
(a) claims under the Payment of Wages Act, 1936 (4 of 1936);
(b) claims under the Minimum Wages Act, 1948 (11 of 1948);
(c) money suits either arising from trade transaction or money lending;
(d) disputes arising out of the partnership in cultivation of land;
(e) disputes as to the use of forest produce by inhabitants of Gram Panchayats.
Part II
Claims and Disputes under the Central Acts notified under sub-section (1) of Section 14 by the Central Government
(To be notified by the Central Government)
Part III
Claims and Disputes under the State Acts notified under sub-section (3) of Section 14 by the State Government
(To be notified by the State Government)
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