The Gram Nyayalayas Act, 2008
Administered Ministry: Ministry of Law and Justice / Department of Justice
Section
Section 1 Short title, extent and commencement. 1 docs
(1) This Act may be called the Gram Nyayalayas Act, 2008.
(2) It extends to the whole of India except 1***, the State of Nagaland, the State of Arunachal Pradesh, the State of Sikkim and to the tribal areas.
Explanation.-- In this sub-section, the expression tribal areas means the areas specified in Parts I, II, IIA and III of the Table below paragraph 20 of the Sixth Schedule to the Constitution within the State of Assam, the State of Meghalaya, the State of Tripura and the State of Mizoram, respectively.
(3) It shall come into force on such date2 as the Central Government may, by notification published in the Official Gazette, appoint; and different dates may be appointed for different States.
(2) It extends to the whole of India except 1***, the State of Nagaland, the State of Arunachal Pradesh, the State of Sikkim and to the tribal areas.
Explanation.-- In this sub-section, the expression tribal areas means the areas specified in Parts I, II, IIA and III of the Table below paragraph 20 of the Sixth Schedule to the Constitution within the State of Assam, the State of Meghalaya, the State of Tripura and the State of Mizoram, respectively.
(3) It shall come into force on such date2 as the Central Government may, by notification published in the Official Gazette, appoint; and different dates may be appointed for different States.
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).
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).
Section 2 Definitions.
In this Act, unless the context otherwise requires,--
(a) "Gram Nyayalaya" means a court established under sub-section (1) of section 3;
(b) "Gram Panchayat" means an institution (by whatever name called) of self-government constituted, at the village level, under article 243B of the Constitution, for the rural areas;
(c) "High Court" means,--
(i) in relation to any State, the High Court for that State;
(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court;
(iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India;
(d) "notification" means a notification published in the Official Gazette and the expression "notified" shall be construed accordingly;
(e) "Nyayadhikari" means the presiding officer of a Gram Nyayalaya appointed under section 5;
(f) "Panchayat at intermediate level" means an institution (by whatever name called) of selfgovernment constituted, at the intermediate level, under article 243B of the Constitution, for the rural areas in accordance with the provisions of Part IX of the Constitution;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "Schedule" means the Schedule appended to this Act;
(i) "State Government", in relation to a Union territory, means the administrator thereof appointed under article 239 of the Constitution;
(j) words and expressions used herein and not defined but defined in the Code of Civil Procedure, 1908 (5 of 1908) or the Code of Criminal Procedure, 1973 (2 of 1974) shall have the meanings respectively assigned to them in those Codes.
(a) "Gram Nyayalaya" means a court established under sub-section (1) of section 3;
(b) "Gram Panchayat" means an institution (by whatever name called) of self-government constituted, at the village level, under article 243B of the Constitution, for the rural areas;
(c) "High Court" means,--
(i) in relation to any State, the High Court for that State;
(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court;
(iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India;
(d) "notification" means a notification published in the Official Gazette and the expression "notified" shall be construed accordingly;
(e) "Nyayadhikari" means the presiding officer of a Gram Nyayalaya appointed under section 5;
(f) "Panchayat at intermediate level" means an institution (by whatever name called) of selfgovernment constituted, at the intermediate level, under article 243B of the Constitution, for the rural areas in accordance with the provisions of Part IX of the Constitution;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "Schedule" means the Schedule appended to this Act;
(i) "State Government", in relation to a Union territory, means the administrator thereof appointed under article 239 of the Constitution;
(j) words and expressions used herein and not defined but defined in the Code of Civil Procedure, 1908 (5 of 1908) or the Code of Criminal Procedure, 1973 (2 of 1974) shall have the meanings respectively assigned to them in those Codes.
Section 3 Establishment of Gram Nyayalayas. 34 docs
(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.
(2) The State Government shall, after consultation with the High Court, specify, by notification, the local limits of the area to which the jurisdiction of a Gram Nyayalaya shall extend and may, at any time, increase, reduce or alter such limits.
(3) The Gram Nyayalayas established under sub-section (1) shall be in addition to the courts established under any other law for the time being in force.
(2) The State Government shall, after consultation with the High Court, specify, by notification, the local limits of the area to which the jurisdiction of a Gram Nyayalaya shall extend and may, at any time, increase, reduce or alter such limits.
(3) The Gram Nyayalayas established under sub-section (1) shall be in addition to the courts established under any other law for the time being in force.
Section 4 Headquarters of Gram Nyayalayas.
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.
Section 5 Appointment of Nyayadhikari. 1 docs
The State Government shall, in consultation with the High Court, appoint a Nyayadhikari for every Gram Nyayalaya.
Section 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.
(2) While appointing a Nyayadhikari, representation shall be given to the members of the Scheduled Castes, the Scheduled Tribes, women and such other classes or communities as may be specified by notification, by the State Government from time to time.
(2) While appointing a Nyayadhikari, representation shall be given to the members of the Scheduled Castes, the Scheduled Tribes, women and such other classes or communities as may be specified by notification, by the State Government from time to time.
Section 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.
Section 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.
Section 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:
Provided that where the Gram Nyayalaya decides to hold mobile court outside its headquarters, it shall give wide publicity as to the date and place where it proposes to hold mobile court.
(2) The State Government shall extend all facilities to the Gram Nyayalaya including the provision of vehicles for holding mobile court by the Nyayadhikari while conducting trial or proceedings outside its headquarters.
Provided that where the Gram Nyayalaya decides to hold mobile court outside its headquarters, it shall give wide publicity as to the date and place where it proposes to hold mobile court.
(2) The State Government shall extend all facilities to the Gram Nyayalaya including the provision of vehicles for holding mobile court by the Nyayadhikari while conducting trial or proceedings outside its headquarters.
Section 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.
Section 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.
Section 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—
(a) try all offences specified in Part I of the First Schedule; and
(b) try all offences and grant relief, if any, specified under the enactments included in Part II of that Schedule.
(2) Without prejudice to the provisions of sub-section (1), the Gram Nyayalaya shall also try all such offences or grant such relief under the State Acts which may be notified by the State Government under sub-section (3) of section 14.
(a) try all offences specified in Part I of the First Schedule; and
(b) try all offences and grant relief, if any, specified under the enactments included in Part II of that Schedule.
(2) Without prejudice to the provisions of sub-section (1), the Gram Nyayalaya shall also try all such offences or grant such relief under the State Acts which may be notified by the State Government under sub-section (3) of section 14.
Section 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—
(a) try all suits or proceedings of a civil nature falling under the classes of disputes specified in Part I of the Second Schedule;
(b) try all classes of claims and disputes which may be notified by the Central Government under sub-section (1) of section 14 and by the State Government under sub-section (3) of the said section.
(2) The pecuniary limits of the Gram Nyayalaya shall be such as may be specified by the High Court, in consultation with the State Government, by notification, from time to time.
(a) try all suits or proceedings of a civil nature falling under the classes of disputes specified in Part I of the Second Schedule;
(b) try all classes of claims and disputes which may be notified by the Central Government under sub-section (1) of section 14 and by the State Government under sub-section (3) of the said section.
(2) The pecuniary limits of the Gram Nyayalaya shall be such as may be specified by the High Court, in consultation with the State Government, by notification, from time to time.
Section 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.
(2) Every notification issued under sub-section (1) shall be laid before each House of Parliament.
(3) If the State Government is satisfied that it is necessary or expedient so to do, it may, in consultation with the High Court, by notification, add to any item in Part III of the First Schedule or Part III of the Second Schedule or omit from it any item in respect of which the State Legislature is competent to make laws and thereupon the First Schedule or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly.
(4) Every notification issued under sub-section (3) shall be laid before the State Legislature.
(2) Every notification issued under sub-section (1) shall be laid before each House of Parliament.
(3) If the State Government is satisfied that it is necessary or expedient so to do, it may, in consultation with the High Court, by notification, add to any item in Part III of the First Schedule or Part III of the Second Schedule or omit from it any item in respect of which the State Legislature is competent to make laws and thereupon the First Schedule or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly.
(4) Every notification issued under sub-section (3) shall be laid before the State Legislature.
Section 15 Limitation.
(1) The provisions of the Limitation Act, 1963 (36 of 1963) shall be applicable to the suits triable by the Gram Nyayalaya.
(2) The provisions of Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974) shall be applicable in respect of the offences triable by the Gram Nyayalaya.
(2) The provisions of Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974) shall be applicable in respect of the offences triable by the Gram Nyayalaya.
Section 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.
(2) The Gram Nyayalaya may, in its discretion, either retry the cases or proceed from the stage at which it was transferred to it.
(2) The Gram Nyayalaya may, in its discretion, either retry the cases or proceed from the stage at which it was transferred to it.
Section 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.
(2) The salaries and allowances payable to, and other conditions of service of, the officers and other employees of the Gram Nyayalaya shall be such as may be prescribed by the State Government.
(3) The officers and other employees of a Gram Nyayalaya shall perform such duties as may, from time to time, be assigned to them by the Nyayadhikari.
(2) The salaries and allowances payable to, and other conditions of service of, the officers and other employees of the Gram Nyayalaya shall be such as may be prescribed by the State Government.
(3) The officers and other employees of a Gram Nyayalaya shall perform such duties as may, from time to time, be assigned to them by the Nyayadhikari.
Section 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.
Section 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.
(2) When, in the course of a summary trial, it appears to the Nyayadhikari that the nature of the case is such that it is undesirable to try it summarily, the Nyayadhikari shall recall any witness who may have been examined and proceed to re-hear the case in the manner provided under the Code of Criminal Procedure, 1973 (2 of 1974).
(2) When, in the course of a summary trial, it appears to the Nyayadhikari that the nature of the case is such that it is undesirable to try it summarily, the Nyayadhikari shall recall any witness who may have been examined and proceed to re-hear the case in the manner provided under the Code of Criminal Procedure, 1973 (2 of 1974).
Section 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).