THE GRAM NYAYALAYAS ACT, 2008

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NO. 4 OF 2009
$ [7th January, 2009.]
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An Act to provide for the establishment of Gram Nyayalayas at the grass roots level for
the purposes of providing access to justice to the citizens at their doorsteps and to ensure
that opportunities for securing justice are not denied to any citizen by reason of social,
economic or other disabilities and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:-

@ CHAPTER I % PRELIMINARY ! CHAPTER I PRELIMINARY

@ 1. % Short title, extent and commencement. !
1. Short title, extent and commencement. - (1) This Act may be called the Gram
Nyayalayas Act, 2008. (2) It extends to the whole of India except the State of Jammu and
Kashmir, 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
date as the Central Government may, by notification published in the Official Gazette,
appoint; and different dates may be appointed for different States.

@ 2. % Definitions. !
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 self-government 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 or the Code of Criminal
Procedure, 1973 shall have the meanings respectively assigned to them in those Codes.

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@ CHAPTER II % GRAM NYAYALAYA ! CHAPTER II GRAM NYAYALAYA
@ 3. % Establishment of Gram Nyayalayas. !
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. (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.

@ 4. % Headquarters of Gram Nyayalaya. !

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. !
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. !

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.

@ 7. % Salary, allowances and other terms and con-ditions of service of Nyayadhikari. !

7. Salary, allowances and other terms and con-ditions 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. !

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.

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@ 9. % Nyayadhikari to hold mobile courts and conduct proceedings in villages. !
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.

@ 10. % Seal of Gram Nyayalaya. !

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.

@ CHAPTER III % JURISDICTION, POWERS AND AUTHORITY OF GRAM

NYAYALAYA ! CHAPTER III JURISDICTION, POWERS AND AUTHORITY OF
GRAM NYAYALAYA
@ 11. % Jurisdiction of Gram Nyayalaya. !
11. Jurisdiction of Gram Nyayalaya. - Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 or the Code of Civil Procedure, 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. !

12. Criminal jurisdiction. - (1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 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.

@ 13. % Civil jurisdiction. !

13. Civil jurisdiction. - (1) Notwithstanding anything contained in the Code of Civil
Procedure, 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.

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@ 14. % Power to amend Schedules. !
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.

@ 15. % Limitation. !
15. Limitation. - (1) The provisions of the Limitation Act, 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 shall be applicable in respect of the offences triable by the
Gram Nyayalaya.

@ 16. % Transfer of pending proceedings. !

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.

@ 17. % Duties of ministerial officers. !

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.

@ CHAPTER IV % PROCEDURE IN CRIMINAL CASES ! CHAPTER IV

PROCEDURE IN CRIMINAL CASES
@ 18. % Overriding effect of Act in criminal trial. !
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 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.

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@ 19. % Gram Nyayalaya to follow summary trial procedure. !
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, 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.

@ 20. % Plea bargaining before Gram Nyayalaya. !

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.

@ 21. % Conduct of cases in Gram Nyayalaya and legal aid to parties. !

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 shall apply. (2)
Notwithstanding anything contained in sub-section (1), in a criminal proceeding before
the Gram Nyayalaya, the complainant may engage an advocate of his choice at his
expense to present the case of prosecution with the leave of the Gram Nyayalaya. (3) The
State Legal Services Authority, constituted under section 6 of the Legal Services
Authorities Act, 1987, shall prepare a panel of advocates and assign at least two of them
to be attached to each Gram Nyayalaya so that their services may be provided by the
Gram Nyayalaya to the accused unable to engage an advocate.

@ 22. % Pronouncement of judgment. !

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.
(2) The Gram Nyayalaya shall deliver a copy of its judgment immediately to both the
parties free of cost.

@ CHAPTER V % PROCEDURE IN CIVIL CASES ! CHAPTER V PROCEDURE IN

CIVIL CASES
@ 23. % Overriding effect of Act in civil proceedings. !
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 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 civil court.

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@ 24. % Special procedure in civil disputes. !
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. (2)
Where a suit, claim or dispute has been duly instituted, a summons shall be issued by the
Gram Nyayalaya, accompanied by a copy of the application made under sub-section (1),
to the opposite party to appear and answer the claim by such date as may be specified
therein and the same shall (3) After the opposite party files his written statement, the
Gram Nyayalaya shall fix a date for hearing and inform all the parties to be present in
person or through their advocates. (4) On the date fixed for hearing, the Gram Nyayalaya
shall hear both the parties in regard to their respective contentions and where the dispute
does not require recording of any evidence, pronounce the judgment; and in case where it
requires recording of evidence, the Gram Nyayalaya shall proceed further. (5) The Gram
Nyayalaya shall also have the power,- (a) to dismiss any case for default or to proceed ex
parte; and (b) to set aside any such order of dismissal for default or any order passed by it
for hearing the case ex parte. (6) In regard to any incidental matter that may arise during
the course of the proceedings, the Gram Nyayalaya shall adopt such procedure as it may
deem just and reasonable in the interest of justice. (7) The proceedings shall, as far as
practicable, be consistent with the interests of justice and the hearing shall be continued
on a day-to-day basis until its conclusion, unless the Gram Nyayalaya finds the
adjournment of the hearing beyond the following day to be necessary for reasons to be
recorded in writing. (8) The Gram Nyayalaya shall dispose of the application made under
sub-section (1) within a period of six months from the date of its institution. (9) The
judgment in every suit, claim or dispute shall be pronounced in open court by the Gram
Nyayalaya immediately after conclusion of hearing or at any subsequent time, not
exceeding fifteen days, of which notice shall be given to the parties. (10) The judgment
shall contain a concise statement of the case, the point for determination, the decision
thereon and the reasons for such decision. (11) A copy of the judgment shall be delivered
free of cost to both the parties within three days from the date of pronouncement of the
judgment.

@ 25. % Execution of decrees and orders of Gram Nyayalaya. !

25. Execution of decrees and orders of Gram Nyayalaya. -(1) Notwithstanding anything
contained in the Code of Civil Procedure, 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. (2) The Gram Nyayalaya shall not be bound by the procedure in
respect of execution of a decree as provided in the Code of Civil Procedure, 1908 and it
shall be guided by the principles of natural justice. (3) A decree may be executed either
by the Gram Nyayalaya which passed it or by the other Gram Nyayalaya to which it is
sent for execution.

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@ 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 ! 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.

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@ 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 ! CHAPTER VII APPEAL

@ 33. % Appeal in criminal cases. !
33. Appeal in criminal cases. - (1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 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 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

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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 ! 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.

@ 37. % Inspection of Gram Nyaya-layas. !

37. Inspection of Gram Nyaya-layas. - 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

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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 (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 (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

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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)

T. K. VISWANATHAN, Secy. to the Govt. of India.

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