 the  gram  nyayalayas  bill, 2007 ___________ arrangement of clauses___________ chapter i preliminary clauses 1 short title, extent and commencement    2 definitions chapter ii gram nyayalaya    3 establishment of gram nyayalayas 4 headquarters of gram nyayalaya 5 appointment of nyayadhikari 6 qualifications for appointment 7 constitution of cadre of nyayadhikaris of gram nyayalayas 8 removal of nyayadhikari 9 terms and conditions of nyayadhikaris   10 nyayadhikari not to participate in proceedings in which he is interested 11 nyayadhikari to hold mobile courts and conduct proceedings in villages 12 seal of gram nyayalaya chapter iii jurisdication, powers and authority of gram nyayalaya 13 limits of jurisdiction of gram nyayalayas   14 criminal jurisdiction 15 civil jurisdiction 16 power to amend schedules 17 gram nyayalaya to have exclusive civil and criminal jurisdiction in certainmatters   18 certain disputes not to be tried by gram nyayalayas 19 gram nyayalayas to close a case in certain circumstances 20 limitation 21 transfer of pending cases 22 duties of ministerial officers chapter iv procedure in criminal cases   23 gram nyayalaya to follow summary procedure 24 pronouncement of judgment 25 power of gram nyayalayas to transfer cases clauses26 legal aid to parties   27 power to compound cases 28 gram nyayalayas not to take cognizance of certain offences 29 power of gram nyayalayas to order amount of fine to be applied for certainexpenses chapter v procedure in civil cases 30 duty of gram nyayalaya to make efforts for conciliation and settlement of civil disputes   31 appointment of conciliators 32 procedure generally 33 special procedure in civil disputes 34 transfer of civil disputes 35 payment of interest in money decrees 36 power of the gram nyayalaya to issue commissions chapter vi procedure generally 37 proceedings to be in the official language of the state   38 evidence to be on oath39 gram nyayalayas to have the power of judicial magistrate of the first class forsummoning any person chapter vii appeals 40 appeal in criminal cases41 appeal in civil cases chapter viii miscellaneous42 cases pending in or disposed of by other courts 43 assistance of police to gram nyayalayas 44 nyayadhikaris and employees, etc, to be public servants 45 inspection of gram nyayalayas 46 power to remove difficulties 47 power of high court to make rules 48 power of state government to make rulesthe first schedule the second schedule the gram nyayalayas bill, 2007 a billto provide for the establishment of gram nyayalayas for the purposes of providing   access to justice, both civil and criminal, to the citizens  at the grass-roots  level 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-eighth year of the republic of india as follows:– chapter  i preliminary1 (1) this act may be called the gram nyayalayas act, 2007short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir, the state ofnagaland, the state of arunachal pradesh, the state of sikkim and to the tribal areasexplanation—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 statesdefinitions2 in this act, unless the context otherwise requires,—(a) "gram nyayalaya" means a subordinate court established under sub-section(1) of section 3;(b) "gram panchayat" means an institution (by whatever name called) of selfgovernment 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 sub-section (2) of 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 part ix of the constitution;(g) "prescribed" means prescribed by rules made under this act; (h) "state government", in relation to a union territory, means the administrator thereof appointed under article 239 of the constitution and any reference to "governor" shall be construed as a reference to the administrator of such union territory;5 of 1908 2 of 1974(i) all other words and expressions used but not defined in this act and 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 chapter ii gram nyayalayaestablishment of gram nyayalayas3 (1) the state government shall, for securing access to justice, both civil and criminal at the grass-roots level to the citizens, 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:provided that where the state government is of opinion that there is a need to establish additional gram nyayalayas for any panchayat at intermediate level it shall, in consultation with the high court, by notification, establish such additional gram nyayalayas as it deems fit(2) the gram nyayalayas established under sub-section (1) shall be in addition to the civil and criminal courts established under any other law for the time being in force(3) a gram nyayalaya shall be the lowest court of subordinate judiciary in the stateheadquarters of gram nyayalaya4 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 governmentappointment of nyayadhikari5 (1) every gram nyayalaya established under sub-section (1) of section 3 shall be presided over by a nyayadhikari(2) the nyayadhikari shall be appointed by the governor of the state in consultation with the high court in accordance with the rules made in this behalf6 (1) a person shall not be qualified to be appointed as a nyayadhikari unless he—qualifications for appointment(a) is eligible to be appointed as a judicial magistrate of the first class; and (b) belongs to the cadre of nyayadhikaris constituted by the governor in consultation with the high court under section 7 (2) while appointing a nyayadhikari, representation shall be given, as far as practicable, to the members of the scheduled castes and  scheduled tribes, women and any other classes or communities as may be specified by the state government from time to time7 the governor shall, in consultation with the high court, constitute a cadre of nyayadhikaris comprising of persons with integrity and fulfilling the following, namely:—(a) he should possess a degree in law from a recognised university;constitution of cadre of nyayadhikaris of gram nyayalayas(b) he should not be more than forty-five years of age at the time of appointment; (c) he should have proficiency in at least one official language of the state other than englishremoval of nyayadhikari8 (1) a nyayadhikari may be removed from his office on the ground of incompetence, gross negligence, corruption, malfeasance or conduct unbecoming of a nyayadhikari(2) any person who has been removed from the office of nyayadhikari shall be ineligible for appointment under the government9  the salary and allowances payable to and the other terms and conditions of service of the nyayadhikaris shall be such as may be prescribed by the state governmentterms and conditions of nyayadhikaris nyayadhikari not to participate in proceedings in which  he is interested10  the nyayadhikari shall not participate in the proceedings of the gram nyayalaya if he has any interest or is involved in the subject matter of the dispute pending consideration or is related to one of the parties to the proceeding and in such a case the nyayadhikari shall refer the matter to the district judge or sessions judge, as the case may be, for transfer of the case to any other gram nyayalayanyayadhikari to hold mobile courts and conduct proceedings in villages11 (1) the nyayadhikari shall periodically visit the villages falling under his jurisdiction and conduct proceedings (including taking of evidence, deciding of cases and the holding of mobile court if considered necessary) at any place which it 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 and additional security for the nyayadhikari while conducting proceedings outside its headquartersseal of gram nyayalaya12  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 state government chapter iii jurisdiction, powers and authority of gram nyayalaya13 the state government shall, by notification,  define the local territorial limits of the jurisdiction of any gram nyayalaya in consultation with the high court and may, from time to time, depending on the workload, alter or readjust the local territorial limits in like mannerlimits of jurisdiction of gram nyayalayas criminal jurisdiction2 of 197414 (1) notwithstanding anything contained in the code of criminal procedure, 1973or 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 offences and grant relief specified under the enactments specified in part ii of that schedule: provided that where the gram nyayalaya, at any stage of the trial, is of the opinion that the accused should be sentenced to imprisonment exceeding one year, it may forward the case to the court of session for referring it to the court of competent jurisdiction(2) without prejudice to the provisions of sub-section (1), the gram nyayalaya shall also try all offences under the central acts where—(i) the maximum punishment provided for is  imprisonment not exceeding one year, whether with or without fine;(ii) the punishment provided for  is only fine;2 of 1974(iii) the offences are compoundable, whether with or without the  permission ofthe court,  under the code of criminal procedure, 1973 or under any other law for the time being in force(3) without prejudice to the provisions of sub-sections (1) and (2), the gram nyayalaya shall also try all such offences or grant such relief under the state acts by including them in part iii of the first schedulecivil jurisdiction5 of 190815 (1) notwithstanding anything contained in any other law for the time being inforce and subject to the provisions of the code of civil procedure, 1908 and sub-section (2),the gram nyayalayas shall have jurisdiction to try all original suits and proceedings of such categories and subject to such pecuniary limits as may be notified by the high court from time to time (2) the gram nyayalaya shall be the lowest court of competent jurisdiction to hear and dispose of suits of a civil nature falling under the classes of disputes specified in the second schedulepower to amend schedules16 (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 from the first schedule or the second schedule, as the case may be, and thereupon the first schedule, or the second schedule, as the case may be, 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 legislature2 of 1974 5 of 190817 notwithstanding anything contained in the code of criminal procedure, 1973, orthe code of civil procedure, 1908, or any other law for the time being in force and subject to the provisions of this act, a gram nyayalaya shall have exclusive jurisdiction in respect of disputes covered by the subject matters specified in sections 14 and 15gram nyayalaya to have exclusive civil and criminal jurisdiction in certain matters18 notwithstanding anything contained in section 13, section 14 or section 15, the gram nyayalaya shall not have jurisdiction to take cognizance of the following classes of disputes, namely:–certain disputes not to be tried by gram nyayalayas(a) a dispute by or against the central  government or the state government ora public servant for anything which is in good faith  done or purported to have been done by him in his official capacity;(b) a dispute where one of the parties is a minor or a person of unsound mind; (c) any claim cognizable by revenue courtsgram nyayalayas to close a case in certain circumstances19 if the nyayadhikari is satisfied that it is necessary in the interest of justice to close a case, it may, on its own motion or on an application by either party to the civil dispute, pass orders closing the case, and advise the parties to approach the appropriate civil court in respect of matters relating to any complicated issue of fact or law which should be decided by any other competent court of law:provided that whenever a case is closed by the nyayadhikari under this section, the period for which the case has been pending in it shall be excluded for the purposes of computing the period of limitationlimitation36 of 1963 2 of 197420 the provisions of the limitation act, 1963, and the provisions of chapter xxxviof the code of criminal procedure, 1973 shall be applicable to the gram nyayalayatransfer of pending cases21(1) the district court may, with effect from such date as may be notified, transfer allthe cases pending before the court subordinate to it, both civil and criminal,  to the gram nyayalaya competent to hear and try(2) the gram nyayalaya may in its discretion continue with the cases from the stage at which it was pending before the court from which it was transferred or it may de novo hear or try the case, as the case may beduties of ministerial officers22 (1) the state government shall determine the nature and categories of the officers and other employees required to assist the 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 the 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 cases2 of 197423  (1) subject to the provisions of sub-section (2), the provisions of the code of criminal procedure, 1973 and the rules made thereunder shall apply to the proceedings in respect of criminal cases triable by the gram nyayalaya under this actgram nyayalaya to follow summary procedure2 of 1974|  (                                                                                           ||----------------------------------------------------------------------------------------------|| for summary trials and the provisions of sections 262 to 265 (both inclusive) of the code of || criminal procedure, 1973 shall apply accordingly                                            |(3) the trial of offences by the gram nyayalaya under this act shall be, as far as may be, on a day-to-day basis and every case shall be disposed of within a period of ninety days from the date of its institutionpronouncement of judgment24 (1) the gram nyayalaya shall pronounce its judgment within one week from thelast date of its hearing(2) the gram nyayalaya shall deliver a copy of its judgment immediately to both the parties free of cost(3) the gram nyayalaya shall, in cases where imprisonment has been awarded, forward copies of the judgment along with the warrant of commitment to the officer-in-charge of the jail concerned, the police station concerned, and the sessions judge having jurisdictionpower of gram nyayalayas to transfer cases25 if at any stage of the proceedings it appears to the gram nyayalaya that the case is one which ought to be tried by a judicial magistrate of the first class or any other superior court, or if at the close of a trial, the gram nyayalaya is of the opinion that the accused is guilty and that he ought to receive a punishment more severe than that which the gram nyayalaya is empowered to impose, it shall submit the case to the appropriate magistrate having jurisdiction who shall transfer the case to his own court and proceed according to lawlegal aid to parties26 (1) the state government shall appoint in each gram nyayalaya one or moreadvocates for the purpose of conducting the criminal cases in the gram nyayalaya2 of 1974(2) notwithstanding anything contained in sub-section (1) or in the code of criminal procedure, 1973, in a criminal proceeding before the gram nyayalaya, the complainant may, engage an advocate of his choice and at his expense to present the case of the prosecution with the leave of the gram nyayalaya39 of 1987(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 shall be readily available to the parties, if they so desirepower to compound cases27 any offence cognizable by a gram nyayalaya under this act may be compoundedwith its permission, if such offence is compoundable with or without the permission of the court under any law for the time being in force28 the gram nyayalaya shall not take cognizance of any offence which is punishablewith imprisonment for more than one year or if the accused has been previously convicted and sentenced to suffer imprisonment for a term of one year or moregram nyayalayas not to take cognizance of certain offences29 in imposing any fine, the gram nyayalaya may direct that the whole or any portion of the fine recovered shall be applied—(a) towards defraying the expenses incurred in the case by the complainant; or (b) in giving compensation to the victim of an offence or to a person for any material loss or damage caused to him by reason of commission of the offencepower of gram nyayalayas to order amount of fine to be applied for certain expenses chapter v procedure in civil casesduty of gram nyayalaya to make efforts for conciliation and settlement of civil disputes30 (1) in every suit or proceeding of a civil nature instituted 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 or proceeding, as the case may be, and for this purpose a gram nyayalaya may, subject to the rules made by the high court in this behalf, follow such procedure as it may deem fit(2) if, in any suit or proceeding, at any stage, it appears to the gram nyayalaya that there is a reasonable possibility of a settlement between the parties, the gram nyayalaya may adjourn the proceedings 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 proceedingsappointment of conciliators31(1)  for the purposes of section 30, the district judge 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 posses 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 of engagement of conciliators shall be such as may be prescribed by the state governmentprocedure generally32 (1) subject to the other provisions of this act, and the rules made thereunder, the gram nyayalaya shall be deemed to be a civil court and shall have all the powers of such court for dealing with the suits of a civil nature5 of 1908 1 of 1872(2) the gram nyayalaya shall not be bound by the procedure laid down in the code of civil procedure, 1908 or the rules of evidence as laid down in the indian evidence act, 1872, but shall be guided by the principles of natural justice and subject to the other provisions of this act and any rule made by the high court, the gram nyayalaya shall have the power to regulate its own procedure including the fixing of places and times of its proceedings(3) in respect of matters of a civil nature for which no express provision has been made in this act, the high court may, by rules, provide for themspecial procedure in civil disputes33 (1) notwithstanding anything contained in any other law relating to the court fee, any person desirous of settlement of any dispute or matter of a civil nature referred to in the second schedule may make an application to the gram nyayalaya in such form and in such manner as may be prescribed by the high court and accompanied by a fee of one hundred rupees or such other amount as may be prescribed by the high court from time to time(2) the gram nyayalaya shall issue a notice accompanied by a copy of the application served on the opposite party in such manner as may be prescribed by the high court fixing a date for his appearance or to file a written reply(3) after the opposite party files his written reply, the gram nyayalaya shall fix a date for hearing and inform all the parties to be present in person or through their advocates or authorised agents(4) on the date fixed for hearing the gram nyayalaya shall hear both the parties in regard to their respective contentions and if the dispute does not require recording of any evidence, pronounce the decision(5) in case any of the parties to the dispute desires to produce oral or documentary evidence, or both, and the gram nyayalaya is of the opinion that the dispute involves questions of fact which have to be decided by recording oral or documentary evidence for a just decision, the gram nyayalaya shall record the summary of evidence, if any, on a date fixed for hearing5 of 1908(6) notwithstanding that the procedure laid down in the code of civil procedure, 1908shall not be applicable to civil disputes or claims before the gram nyayalaya, the gram nyayalaya shall, for the purposes of this act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a claim or dispute in respect of the following matters, namely: —(i) summoning and enforcing attendance of any person or witness and examininghim on oath;(ii) requiring the discovery and production of any document or other materialobject producible as evidence;(iii) receiving of evidence on affidavits; (iv) dismissing an application for default or deciding it ex parte;(v) any other matter which may be prescribed by the state government(7) the gram nyayalaya shall have the power to proceed ex parte if any of the parties does not appear(8) 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 proper in the interest of justice(9) the proceedings shall, as far as is 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(10) the gram nyayalaya shall pronounce the judgment within a period of ninety days from the date of statement of claim application, and within one week of the last day of hearing of the case(11) the judgment shall contain the number of the application, the names of the parties, the particulars of the claim, the points for determination, the summary of evidence adduced on either side, if any, and the findings reached by the gram nyayalaya(12) a copy of the order shall be delivered to both the parties within three days on payment of such fees as may be prescribed by the state governmenttransfer of civil disputes34 the district judge having jurisdiction may, on an application made by any party or when there is considerable pendency with one gram nyayalaya or whenever he considers it necessary in the interests of justice, transfer any case pending before a gram nyayalaya to any other gram nyayalaya within his jurisdictionpayment of interest in money decrees35 (1) where in any claim for money due the gram nyayalaya passes an order for payment of money, it may also order payment of interest thereon at a rate not exceeding twelve per cent per annum from the date of the claim statement application till the date of payment(2) the gram nyayalaya may, if it deems fit, direct payment in instalments with or without interest5 of 190836 the gram nyayalaya shall have all the powers of the civil court to issue commission and the provisions of sections 75 to 78 of the code of civil procedure, 1908 shall apply as if for the words "the court" or "any court" referred to therein, the words "the gram nyayalaya" had been substitutedpower of the gram nyayalaya to issue commissions chapter vi procedure generally37 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 languageproceedings to be in the official language of the state evidence to be on oath38 the evidence given orally before a gram nyayalaya shall be on oath or on solemn affirmation39 (1) the gram nyayalaya shall have the powers of a judicial magistrate of the first class in respect of all matters relating to summons, securing the presence of witnesses, attendance of persons confined or detained in prisons, production of any material evidence including any records, title deeds, agreements, contracts, and any other thing, object or such relevant material as it may deem fitgram nyayalayas to have the power of judicial magistrate of the first class for summoning any person(2) where any person has been given notice or summon to appear before the gram nyayalaya, the gram nyayalaya shall record his statement and thereafter the gram nyayalaya may dispense with his attendance at the hearing of the case chapter vii appealsappeal in criminal cases40 (1) an appeal against any order or sentence passed by a gram nyayalaya in a criminal matter shall lie to the court of sessions exercising jurisdiction over the area within which the gram nyayalaya is situated, within thirty days of the passing of such order or sentence(2) an appeal preferred under sub-section (1) shall be heard and disposed of by an assistant sessions judge subordinate to the sessions judge within six months from the date of filing of the appeal(3) the assistant sessions judge may, pending disposal of the appeal, direct the suspension of the sentence or order appealed against(4) the decision of the assistant sessions judge under sub-section (2) shall be final and no appeal or revision shall lie from the decision of the assistant sessions judgeappeal in civil cases41 (1) an appeal against any final order or judgment passed by a gram nyayalaya in a civil matter shall lie to the district court exercising jurisdiction over the area within which the gram nyayalaya is situated within thirty days of the passing of such order or judgment(2) an appeal preferred under sub-section (1) shall be heard and disposed of by the senior civil judge subordinate to the district judge, within six months from the date of filing of the appeal(3) the district court may, pending disposal of the appeal, direct the suspension of the order or judgment appealed against(4) the decision of the senior civil judge under sub-section (2) shall be final and no appeal or revision shall lie from the decision of the senior civil judge chapter viii miscellaneous42 (1) the gram nyayalaya shall not try any civil matter which is the subject matter of any proceeding pending or disposed of by a competent court unless it is a pending case transferred to it by the district court under section 21cases pending in or disposed of by other courts(2) where a case is pending in any court against an accused person in respect of any offence or where an accused person has been tried for any offence, the gram nyayalaya shall not take cognizance of any such offence or on the same facts, or any other offence of which the accused might have been charged or convicted43 (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 authorityassistance of police to gram nyayalayas(2) whenever the gram nyayalaya, in the discharge of its functions, requests revenue or police officer or a government servant to provide assistance to the gram nyayalaya, he shall be bound to provide such assistance44 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 codenyayadhikaris and  employees, etc, to be public servants45 of 1860inspection of gram nyayalayas45 the district judge shall authorise any senior civil judge or assistant sessions judge to inspect the gram nyayalayas within his jurisdiction once in every six months or such other period as the high court may specify and issue such instructions, as he considers necessary and submit a report to the high courtpower to remove difficulties46 (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 parliament47 (1) the high court may, by notification, make rules for carrying out the provisions of this actpower of high court to make rules(2) in particular and without generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the receipt and custody of all documents and records by or on behalf of the gram nyayalaya and the grant of judgment, orders and other records;(b) the place and the manner in which the proceedings of the gram nyayalaya shall be conducted;(c) the manner in which any process is issued by the gram nyayalaya; (d) the particulars of the registers and records to be maintained by the gram nyayalaya;(e) the conduct of training programme for the nyayadhikaris and conciliators of the gram nyayalayas;(f) the supervision and inspection of the gram nyayalayas in respect of specified matters;(g) rules regulating the procedure for assisting, persuading or conciliation of parties in arriving at a settlement in a suit or proceeding under sub-section (1) of section 30; (h) the detailed procedure for conduct of civil suits under sub-sections  (1)and (3) of section 30;(i) the conditions which a person shall fulfil to be eligible to be included in the panel of conciliators under sub-section (1) of section 31;(j) the form and the manner of service of notice under sub-section (1) of section 33;(k) any other matter  not being a matter specified in section 48 in respect of which rules are required to be made by the high court  for carrying out the provisions of this act 48 (1) the state government may, by notification, make rules for carrying out the provisions of this actgovernment to make rules(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 rules relating to appointment of the nyayadhikari under sub-section (2)of section 5;(b) the salary and allowances  payable to and the other terms and conditions ofservice of nyayadhikaris under  section 9; (c) the form and dimensions of the seal of the gram nyayalaya under section 12; (d) 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 22(e) the sitting fee and other allowances payable to and the other terms and conditions of engagement of conciliators under sub-section (2) of section 31;(f)  the fee payable in respect of copies of orders of the gram nyayalaya under sub-section (12) of section 33;(g) any other matter which may be prescribed  or in respect of which rules are required to be made by the state government (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 part i offences under  the indian penal code (45 of 1860)(i) sections 109 to 113 in so far as they relate to the offences mentioned at subitem  (ii)(ii) sections 120b (relating to any other criminal conspiracy), 137, 138, 140, 143, 149,150, 151, 153, 154, 155, 156, 157, 158 (being hired to take part in an unlawful assembly or riot except in case of  going with arm),  160, 163, 166, 168, 171, 171e, 171f, 171g, 171h, 171-i, 172, 173, 174, 175, 176, 177 (relating to knowingly furnishing false information to a public servant), 178, 179, 180, 182, 183, 184, 185, 186, 187, 188, 190, 202, 225b, 228, 264, 265, 266, 267, 269, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 294, 294a, 296, 297, 298, 309, 323, 334, 336, 337, 341, 342, 352, 357, 358, 374, 417, 426,  434, 447, 448, 482, 486, 489, 489e, 491, 508, 509 and 510(iii) sections 125, 324, 332, 353, 379, 427, 428, 429, 430, 431, 432 and 504 part ii offences and relief under the other central acts(i)the protection of civil rights act, 1955  (22 of 1955)(ii)the bonded labour system (abolition) act, 1976 (19 of 1976)(iii)the protection of women from domestic violence act, 2005 (43 of 2005)(iv)the  minimum wages act, 1948 (9  of 1948)(v)the  payment of wages act, 1936 (4 of 1936)(vi)order for maintenance of wives, children and parents under chapter ix ofthe code of  criminal procedure, 1973 (2 of 1974)(vii)the equal remuneration act, 1976 (25 of 1976) part iii offences under the state acts(to be notified by the concerned state government) 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  minimum wages act, 1948 (9  of 1948); (b) claims under the  payment of wages act, 1936 (4 of 1936);(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 part iii claims and disputes under the state acts notified under sub-section (2) of section 14 by the state government(to be notified by the concerned state government) statement of objects and reasonsaccess to justice by the poor and disadvantaged remains a worldwide problem despite diverse approaches and strategies that have been formulated and implemented to address it in our country, article 39a of the constitution directs the state to secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities2 in the recent past, the government has taken various measures to strengthen judicial system, inter alia, by simplifying the procedural laws; incorporating various alternative dispute resolution mechanisms such as arbitration, conciliation and mediation, conducting of lok addalts, etc these measures are required to be strengthened further3 the law commission of india in its 114th report on gram nyayalaya suggested establishment of gram nyayalayas so that speedy, inexpensive and substantial justice could be provided to the common man the gram nyayalayas bill, 2007 is broadly based on the recommendations of the law commission the gram nyayalaya is to be the lowest court of subordinate judiciary in the state in respect of criminal and civil jurisdiction the presiding officer of gram nyayalaya ie nyayadhikari will periodically visit the villages falling under his jurisdiction and conduct proceedings at any place which he considers is in close proximity to the place where the parties ordinarily reside the gram nyayalaya will function as mobile court in order to make the system of participatory justice a reality, legal aid and mechanism of  conciliation at the grass-roots level would be a part of  gram nyayalaya4 justice to the poor at their door step  is a dream of the poor setting up of gram nyayalaya (at the headquarters of intermediate panchayat) with mobility in the rural areas would bring to the people of rural areas speedy, affordable and substantial justice5 the bill seeks to achieve the above objectsnew delhi;h r bhardwajthe 8th may, 2007 notes on clausesclause 1— this clause provides for the short title of the proposed legislation, its extent and commencement the proposed legislation shall not be applicable to the state of jammu and kashmir, the states of nagaland, arunachal pradesh and sikkim and the tribal areas specified in parts i, ii, iia and iii of the table below paragraph 20 of the sixth schedule to the constitution within the states of assam, meghalaya, tripura and mizoramclause 2— this clause seeks to define certain expressions used in the bill the definitions of the terms ''gram nyayalaya", "gram panchayat", "high court", "panchayat at intermediate level", are some of them a "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 constitutionclause 3— this clause provides for the establishment of one or more gram nyayalayas by the state governmentsub-clause (1) provides that for the purpose of securing access to justice, both civil and criminal at the grass-roots level to the citizens of india, the state government shall, by notification in the official gazette, 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 this sub-clause also empowers the state government to establish, in consultation with the high court, additional gram nyayalayas for any panchayat at intermediate level if it is of opinion to do sosub-clause (2) provides that the gram nyayalayas shall be in addition to the civil and criminal courts established under any other law for the time being in forcesub-clause (3) provides that a gram nyayalaya constituted under the proposed legislation shall be the lowest court of subordinate judiciary in the stateclause 4— this clause provides that the headquarters of the gram nyayalaya shall be located at the headquarters of the panchayat at intermediate level in which the gram nyayalaya is established however, the state government is competent to notify any other place as the headquarters of a gram nyayalayaclause 5— this clause seeks to provide for the appointment of the presiding officer of a gram nyayaylaya sub-clause (1) provides that every gram nyayalaya established under the proposed legislation shall consist of a nyayadhikari sub-clause (2) provides that the nyayadhikari shall be appointed by the governor of the state in consultation with the high court in accordance with the rules made in this behalfclause 6— this clause seeks to provide for the qualifications of a person to be eligible to be appointed as a nyayadhikari of a gram nyayalaya sub-clause (1) provides that a person shall not be qualified to be appointed as a nyayadhikari unless he belongs to the cadre of nyayadhikaris constituted by the governor in consultation with the high court and such person is eligible to be appointed as a judicial magistrate of the first classsub-clause (2) provides that while appointing the nyayadhikari the state government shall provide, as far as practicable,  representation to the members of the scheduled castes, the scheduled tribes, women and to any other classes or communities as may be specified by it from time to timeclause 7— this clause seeks to provide for the constitution of a cadre of nyayadhikaris of the gram nyayalayas in a state the cadre of nyayadhikaris which may be constituted by the governor in consultation with the high court shall consist of persons of integrity with not more than forty-five years of age at the time of appointment such persons should possess a degree in law from a recognised university and should have proficiency in at least one official language of the state other than englishclause 8— this clause seeks to provide for the removal of nyayadhikaris subclause (1) provides that a nyayadhikari may be removed from office on the ground of incompetence, gross negligence, corruption, malfeasance or conduct unbecoming of a nyayadhikarisub-clause (2) provides that a person who has been removed from office of nyayadhikari shall be ineligible for appointment under the governmentclause 9 - this clause seeks to empower the state government to determine, by rules, the salary and allowances payable to and the other terms and conditions of service of the nyayadhikarisclause 10— this clause seeks to provide that the nyayadhikari shall not participate in certain proceedings before the gram nyayalaya the nyayadhikari shall not participate in the proceedings of the gram nyayalaya if he has any interest or is involved in the subject matter of the dispute pending consideration or is related to one of the parties to the proceeding and in such a case the nyayadhikari shall refer the matter to the district judge or sessions judge, as the case may be, for transfer of the case to any other gram nyayalayaclause 11— this clause seeks to empower the nyayadhikari to hold mobile courts and to conduct proceedings in villagessub-clause (1) seeks to provide that the nyayadhikari shall periodically visit the villages falling under his jurisdiction and conduct proceedings (including taking of evidence, deciding of cases and the holding of mobile court if considered necessary) 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 in conducting such mobile courts outside the headquarters of a gram nyayalaya the nyayadhikari has to give wide publicity as to the date and place where it proposes to hold mobile courtsub-clause (2) seeks to provide that the state government shall be required to extend all facilities to the gram nyayalaya including the provision of vehicles for holding mobile court and additional security for the nyayadhikari for enabling him to conduct the proceedings outside the headquarters of the gram nyayalayaclause 12— this clause seeks to provide for the seal of the gram nyayalaya the state government shall, by rules, determine the form and dimensions of the seal of the gram nyayalayaclause 13— this clause seeks to empower the state government to fix the local limits of jurisdiction of the gram nyayalaya in consultation with the high court it also empowers the state government in like manner readjust the territorial limits of the gram nyayalayas depending on the work load of such nyayalayasclause 14— this clause seeks to lay down the criminal jurisdiction of the gram nyayalayassub-clause (1) seeks to provide that notwithstanding anything contained in the code of criminal procedure, 1973 or any other law for the time being in force, the gram nyayalaya shall be competent to take cognizance of an offence on a complaint or on a police report and shall try all offences specified in part i of the first schedule to the proposed legislation and shall also try offences and grant relief specified under the enactments specified in part ii of that schedule however, where the gram nyayalaya is of the opinion that the accused should be sentenced to imprisonment exceeding one year, it may forward the case to the court of session for referring it to the court of competent jurisdictionsub-clause (2) provides that the gram nyayalaya shall also try all offences under the central acts where —(i) the maximum punishment provided for is imprisonment not exceeding one year, whether with or without fine;(ii) the punishment provided for is only fine; (iii) the offences are compoundable, whether with or without the permission of the court, under the code of criminal procedure, 1973 or under any other law for the time being in force sub-clause (3) provides that notwithstanding anything contained in sub-clauses (1)and (2), the gram nyayalaya shall also try all such offences or grant such relief under the state acts by including them in part iii of the first schedule to the proposed legislationclause 15— this clause seeks to lay down the civil jurisdiction of the gram nyayalayas sub-clause (1) provides that notwithstanding anything contained in any other law for the time being in force and subject to the provisions of the code of civil procedure, 1908 and sub-clause (2), the gram nyayalayas shall have jurisdiction to try all original suits and proceedings of such categories and subject to such pecuniary limits as may be notified by the high court from time to timesub-clause (2) provides that the gram nyayalaya shall be the lowest court of competent jurisdiction to hear and dispose of suits of a civil nature falling under the classes of disputes specified in the second schedule to the proposed legislationclause 16— this clause seeks to empower the central government as well as the state government to amend the schedules to the act as per their legislative competence of parliament and state legislatures respectivelysub-clause (1) provides that if the central government is satisfied that it is necessary or expedient so to do, it  may, by notification in the official gazette , add to or omit any item from the first schedule or the second schedule, as the case may be, of the proposed legislation and thereupon the first schedule, or the second schedule, as the case may be, shall be deemed to have been amended accordinglysub-clause (3) provides that 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 accordinglysub-clauses (2) and  (4) provides that every notification issued under sub-section (1)by the central government and under sub-section (3) by the state government shall be laid before parliament and the state legislature respectivelyclause 17— this clause seeks to provide that the gram nyayalayas shall have exclusive civil and criminal jurisdiction in certain matters it provides that 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 and subject to the provisions of this act, a gram nyayalaya shall have exclusive jurisdiction in respect of disputes covered by the subject matters specified in sections 14 and 15 of the proposed legislationclause 18— this clause seeks to provide that the gram nyayalayas shall not try certain disputes it provides that notwithstanding anything contained in proposed section 13, section 14 or section 15, the gram nyayalaya shall not have jurisdiction to take cognizance of the certain classes of disputes  they are—(a) disputes by or against the central government or the state government or public servants for anything which is in good faith done or purported to have been done by them in their official capacity;(b) a dispute where one of the parties is a minor or a person of unsound mind;and(c) any claim cognizable by revenue courtsclause 19— this clause seeks to empower the nyayadhikaris to close cases in certain circumstances it provides that if the nyayadhikari is satisfied that it necessary in the interest of justice to close a case, it may, on its own motion or on an application by either party to the civil dispute, pass orders closing the case, and advise the parties to approach the appropriate civil court in respect of matters relating to any complicated issue of fact or law which should be decided by any other competent court of law however, whenever a case is closed by the nyayadhikari under this clause , the period for which the case has been pending in the gram nyayalaya shall be excluded for the purposes of computing the period of limitationclause 20— this clause provides for the period of limitation it provides that the provisions of the limitation act, 1963, and the provisions of chapter xxxvi of the code of criminal procedure, 1973 shall be applicable to the proceedings before the gram nyayalayaclause 21— this clause provides for transfer of pending cases in subordinate courts sub-clause (1) seeks to provde that the district court may, with effect from such date as may be notified, transfer all the cases pending before the court subordinate to it, both civil and criminal, to the gram nyayalaya competent to hear and trysub-clause (2) provides that the gram nyayalaya may in its discretion continue with the cases from the stage at which it was pending from the court from which it was transferred or it may de novo hear or try the case, as the case may beclause 22—this clause deals with the duties of ministerial officers of the gram nyayalayassub-clause (1) provides that the state government shall determine the nature and categories of the officers and other employees required to assist the gram nyayalaya in the discharge of its functions and provide the gram nyayalaya with such officers and other employees as it may think fitsub-clause (2) seeks to empower the state government to determine by rules the salaries and allowances payable to and the other conditions of service of the officers and other employees of the gram nyayalayassub-clause (3) seeks to empower the nyayadhikari to assign from time to time the duties to be performed by the officers and other employees attached to a gram nyayalayaclause 23— this clause seeks to provide that the gram nyayalayas shall follow summary proceduresub-clause (1) seeks to provide that subject to the provisions of sub-clause (2), the provisions of the code of criminal procedure, 1973 and the rules made thereunder shall apply to the proceedings in respect of criminal cases triable by the gram nyayalaya under the proposed legislationsub-clause (2) provides that while exercising criminal jurisdiction, the gram nyayalaya shall follow the procedure for summary trials and the provisions of sections 262 to 265 (both inclusive) of the code of criminal procedure, 1973 shall apply accordinglysub-clause (3) provides that the trial of offences by the gram nyayalaya shall be as far as may be, on a day-to-day basis and a case shall be disposed of within a period of ninety days from the date of its institutionclause 24— this clause deals with the pronouncement of judgment by the gram nyayalayassub-clause (1) provides that the gram nyayalaya shall pronounce its judgment within one week from the last date of its hearingsub-clause (2) provides that the gram nyayalaya shall deliver a copy of its judgment immediately to both the parties free of costsub-clause (3) provides that the gram nyayalaya shall, in cases where imprisonment has been awarded, forward copies of the judgment along with the warrant of commitment to the officer-in-charge of the jail concerned, the police station concerned, and the sessions judge having jurisdictionclause 25— this clause deals with the power of gram nyayalayas to transfer certain cases it provides that if at any stage of the proceedings it appears to the gram nyayalaya that the case is one which ought to be tried by a judicial magistrate of the first class or any other superior court, or if at the close of a trial, the gram nyayalaya is of the opinion that the accused is guilty and that he ought to receive a punishment more severe than that which the gram nyayalaya is empowered to impose, it shall submit the case to the appropriate magistrate having jurisdiction who shall transfer the case to his own court and proceed according to lawclause 26— this clause seeks to provide for legal aid to the parties sub-clause (1) provides that the state government shall appoint in each gram nyayalaya one or more advocates for the purpose of conducting the criminal cases in the gram nyayalayasub-clause (2) provides that notwithstanding anything contained in sub-section (1)or in the code of criminal procedure, 1973, in a criminal proceeding before the gram nyayalaya, the complainant may, engage an advocate of his choice and at his expense to present the case of the prosecution with the leave of the gram nyayalayasub-clause (3) provides that 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 would readily be available to the parties, if they so desireclause 27— this clause deals with the power of the gram nyayalaya to compound certain offences it provides that any offence cognizable by a gram nyayalaya under the proposed legislation may be compounded with its permission, if such offence is compoundable with or without the permission of the court under any law for the time being in forceclause 28— this clause seeks to lay down that the gram nyayalayas shall not take cognizance of certain offences   it provides that the gram nyayalaya shall not take cognizance of any offence which is punishable with imprisonment for more than one year or if the accused has been previously convicted and sentenced to suffer imprisonment for a term of one year or moreclause 29— this clause deals with the power of gram nyayalayas to order amount of fine to be applied in meeting certain expenses it provides that in  imposing any fine, the gram nyayalaya may direct that the whole or any portion of the fine recovered shall be applied towards defraying the expenses incurred in the case by the complainant or in giving compensation to the victim of an offence or to a person for any material loss or damage caused to him by reason of commission of the offenceclause 30— this clause seeks to lay down the duties of gram nyayalayas to make efforts for conciliation and settlement of civil disputessub-clause (1) provides that in every suit or proceeding of a civil nature instituted 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 or proceeding, as the case may be, and for this purpose a gram nyayalaya may, subject to the rules made by the high court in this behalf, follow such procedure as it may deem fitsub-clause (2) provides that if, in any suit or proceeding, at any stage, it appears to the gram nyayalaya that there is a reasonable possibility of a settlement between the parties, the gram nyayalaya may adjourn the proceedings for such period as it thinks fit to enable them to make attempts to effect such a settlementsub-clause (3) provides that where any proceedings is adjourned under sub-clause (2)the gram nyayalaya may in its discretion refer the matter to one or more conciliators for effecting a settlement between the partiessub-clause (4) provides that the power conferred by sub-clause (2) shall be in addition to, and not in derogation of, any other power of the gram nyayalaya to adjourn the proceedings clause 31 - this clause seeks to provide for appointment of conciliatorssub-clause (1) provides that for the purposes of clause 30, the district judge 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 courtsub-clause (2) empowers the state government to make rules laying down the rate of the sitting fee and other allowances payable to and the other terms and conditions of engagement of conciliators clause 32— this clause seeks to provide for the procedure generallysub-clause (1) provides that subject to the other provisions of the proposed legislation and the rules made thereunder, the gram nyayalaya shall be deemed to be a civil court and shall have all the powers of such court for dealing with the suits of a civil naturesub-clause (2) provides that the gram nyayalaya shall not be bound by the procedure laid down in the code of civil procedure, 1908 or the rules of evidence as laid down in the indian evidence act, 1872, but shall be guided by the principles of natural justice and subject to the other provisions of the proposed legislation and any rule made by the high court, the gram nyayalaya shall have the power to regulate its own procedure including the fixing of places and times of its proceedingssub-clause (3) provides that in respect of matters of a civil nature for which no express provision has been made, the high court may, by rules, provide for themclause 33—this clause seeks to provide for a special procedure in civil disputes sub-clause (1) provides that notwithstanding anything contained in any other law relating to the court fee, any person desirous of settlement of any dispute or matter of a civil nature referred to in the second schedule may make an application to the gram nyayalaya in such form and in such manner as may be prescribed by the high court and accompanied by a fee of one hundred rupees or such other amount as may be prescribed by the high court from time to timesub-clause (2) provides that the gram nyayalaya shall issue a notice accompanied by a copy of the application served on the opposite party in such manner as may be prescribed by the high court fixing a date for his appearance or to file a written replysub-clause (3) provides that after the opposite party files his written reply, the gram nyayalaya shall fix a date for hearing and inform all the parties to be present in person or through their advocates or authorised agentssub-clause (4) provides that on the date fixed for hearing the gram nyayalaya shall hear both the parties in regard to their respective contentions and if the dispute does not require recording of any evidence, pronounce the decisionsub-clause (5) provides that in case any of the parties to the dispute desires to produce oral or documentary evidence, or both, and the gram nyayalaya is of the opinion that the dispute involves questions of fact which have to be decided by recording oral or documentary evidence for a just decision, the gram nyayalaya shall record the summary of evidence, if any, on a date fixed for hearingsub-clause (6) provides that notwithstanding that the procedure laid down in the code of civil procedure, 1908 shall not be applicable to civil disputes or claims before the gram nyayalaya, the gram nyayalaya shall, have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a claim or dispute in respect of the following matters, namely: —(i) summoning and enforcing attendance of any person or witness and examininghim on oath;(ii) requiring the discovery and production of any document or other materialobject producible as evidence;(iii) receiving of evidence on affidavits; (iv) dismissing an application for default or deciding it ex parte;(v) any other matter which may be prescribed by the state governmentsub-clause (7) provides that the gram nyayalaya shall have the power to proceed ex parte if any of the parties does not appearsub-clause (8) provides that 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 proper in the interest of justicesub-clause (9) provides that the proceedings shall, as far as is 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 writingsub-clause (10) provides that the gram nyayalaya shall pronounce the judgment within a period of ninety days from the date of statement of claim application, and within one week of the last day of hearing of the casesub-clause (11) provides that the judgment shall contain the number of the application, the names of the parties, the particulars of the claim, the points for determination, the summary of evidence adduced on either side, if any, and the findings reached by the gram nyayalayasub-clause (12) provides that a copy of the order shall be delivered to both the parties within three days on payment of such fees as may be prescribed by the state governmentclause 34— this clause seeks to provide for transfer of civil disputes it provides that the district judge having jurisdiction may, on an application made by any party or when there is considerable pendency with one gram nyayalaya or whenever he considers it necessary in the interests of justice, transfer any case pending before a gram nyayalaya to any other gram nyayalaya within his jurisdictionclause 35— this clause seeks to provide for payment of interest in case of money decreessub-clause (1) provides that where in any claim for money due the gram nyayalaya passes an order for payment of money, it may also order payment of interest thereon at a rate not exceeding twelve per cent per annum from the date of the claim statement application till the date of paymentsub-clause ( 2) provides that the gram nyayalaya may, if it deems fit, direct payment in instalments with or without interestclause 36— this clause seeks to provide for the powers of the gram nyayalayas to issue commissions it provides that the gram nyayalaya shall have all the powers of the civil court to issue commission and the provisions of sections 75 to 78 of the code of civil procedure, 1908 shall apply as if for the words "the court" or "any court" referred to therein, the words "the gram nyayalaya" had been substitutedclause 37— this clause seeks to provide for the use of the official language of the state in proceedings before the gram nyayalayas it provides that 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 languageclause 38— this clause seeks to provide that the evidence give orally before a gram nyayalaya shall be on oath or on solemn affirmationclause 39— this clause seeks to provide that the gram nyayalayas shall have the powers of a judicial magistrate of the first class in summoning of personssub-clause (1) provides that the gram nyayalaya shall have the powers of a judicial magistrate of the first class in respect of all matters relating to summons, securing the presence of witnesses, attendance of persons confined or detained in prisons, production of any material evidence including any records, title deeds, agreements, contracts, and any other thing, object or such relevant material as it may deem fitsub-clause (2) provides that where any person has been given notice or summons to appear before the gram nyayalaya, the gram nyayalaya shall record his statement and thereafter the gram nyayalaya may dispense with his attendance at the hearing of the caseclause 40— this clause seeks to provide for appeals in criminal cases sub-clause (1) provides that an appeal against any order or sentence passed by a gram nyayalaya in a criminal matter shall lie to the court of sessions exercising jurisdiction over the area within which the gram nyayalaya is situated, within thirty days of the passing of such order or sentencesub-clause (2) provides that an appeal preferred under sub-section (1) shall be heard and disposed of by an assistant sessions judge subordinate to the sessions judge within six months from the date of filing of the appealsub-clause (3) provides that an  assistant sessions judge may, pending disposal of the appeal, direct the suspension of the sentence or order appealed againstsub-clause (4) provides that the decision of the assistant sessions judge under subsection (2) shall be final and no appeal or revision shall lie from the decision of the assistant sessions judgeclause 41— this clause seeks to provide for appeals in civil cases sub-clause (1) provides that an appeal against any final order or judgment passed by a gram nyayalaya in a civil matter shall lie to the district court exercising jurisdiction over the area within which the gram nyayalaya is situated within thirty days of the passing of such order or judgmentsub-clause (2) provides that an appeal preferred under sub-section (1) shall be heard and disposed of by the senior civil judge subordinate to the district judge, within six months from the date of filing of the appealsub-clause (3) provides that the district court may, pending disposal of the appeal, direct the suspension of the order or judgment appealed againstsub-clause (4) provides that the decision of the senior civil judge under sub-clause(2) shall be final and no appeal or revision shall lie from the decision of the senior civil judgeclause 42— this clause seeks to make certain provisions in respect of cases pending in or disposed of by other courtssub-clause (1) provides that the gram nyayalaya shall not try any civil matter which is the subject matter of any proceeding pending or disposed of by a competent court unless it is a pending case transferred to it by the district court under clause 21sub-clause (2) provides that where a case is pending in any court against an accused person in respect of any offence or where an accused person has been tried for any offence, the gram nyayalaya shall not take cognizance of any such offence or on the same facts, or any other offence of which the accused might have been charged or convictedclause 43— this clause seeks to provide for assistance of police to gram nyayalayas sub-clause (1) provides that 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 authoritysub-clause (2) provides that whenever the gram nyayalaya, in the discharge of its functions, requests revenue or police officer or a government servant to provide assistance to the gram nyayalaya, he shall be bound to provide such assistanceclause 44— this clause seeks to provide that the nyayadhikaris and employees of the gram nyayalaya, etc,  shall be public servants it provides that 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 the proposed legislation would be public servants within the meaning of section 21 of the indian penal codeclause 45— this clause seeks to provide for inspection of gram nyayalayas it provides that the district judge shall authorise any senior civil judge or assistant sessions judge to inspect the gram nyayalayas within his jurisdiction once in every six months or such other period as the high court may specify and issue such instructions, as he considers necessary and submit a report to the high courtclause 46— this clause empowers the central government to issue orders published in the official gazette making such provisions not inconsistent with the provisions of the proposed legislation for removing difficulties in giving effect to it provisions such orders could be issued within three years from the date of commencement of the proposed legislation it also provides for laying of such orders before each house of parliamentclause 47— this clause seeks to empower the high courts to make rules for carrying out the provisions of the proposed legislation these are mainly matters of procedureclause 48— this clause confers power on the state government to make rules for carrying out the provisions of the proposed legislation sub-clause (2) enumerates the matters in respect of which rules may be made by the state government shall be published in the official gazette and be laid before the state legislature financial memorandum clause 3 of the bill empowers the state governments to establish one or more gram nyayalayas for every panchayat at intermediate level or  for a group of contiguous panchayats at intermediate level in every district to exercise both civil and criminal jurisdiction every gram nyayalaya shall be presided over by a nyayadhikari clause 9 empowers the state governments to lay down, by rules, the salary and allowances payable to, and the other terms and conditions of service of, the nyayadhikaris clause 22 of the bill empowers the state government to determine the nature and categories of the officers and other employees required to assist a gram nyayalaya in the discharge of its functions and to lay down rules specifying the salaries and allowances payable to, and the terms and conditions of service of, the other officers and employees of the gram nyayalayas clause 26 empowers the state government to appoint  one or more advocates for each gram nyayalaya for the purpose of conducting the criminal cases before each such gram nyayalaya clause 31 of the bill empowers the state government to determine the sitting fees and other allowances payable to, and the other terms and conditions of engaging conciliators2 the central government will meet the entire non-recurring expenditure and the recurring expenditure for first three years will be shared between the central and state government, following which, it will be met by the concerned state governments at present it will not be possible to work out the exact expenditure that may be required memorandum  regarding  delegated  legislationclause 47 empowers the high courts to make, by notification in the official gazette, rules for carrying out the provisions of the proposed legislation sub-clause (2) of the said clause enumerates the matters in respect of which such rules may provide for these matters inter alia include the receipt and custody of all documents and records by or on behalf of the gram nyayalaya and the grant of judgment, orders and other records, the place and the manner in which the proceedings of the gram nyayalaya shall be conducted, the manner in which any process is issued by the gram nyayalaya, the particulars of the registers and records to be maintained by the gram nyayalaya, the conduct of training programme for the nyayadhikaris and conciliators of the gram nyayalayas, the supervision and inspection of the gram nyayalayas in respect of specified matters, rules regulating the procedure for assisting, persuading or conciliation of parties in arriving at a settlement in a suit or proceeding under sub-clause (1) of clause 30, the detailed procedure for conduct of civil suits under subclauses (1) and (3) of clause 30, the conditions which a person shall fulfill to be eligible to be included in the panel of conciliators under sub-clause (1) of clause 31and the form and the manner of service of notice under sub-clause (1) of clause 33;2 clause 48 of the bill empowers the state governments to make, by notification in the official gazette, rules for carrying out the provisions of the proposed legislation subclause (2) of the said clause enumerates the matters in respect of which such rules may be made these matters inter alia include the rules relating to appointment of the nyayadhikari under sub-clause (2) of clause 5, the salary and allowances payable to and the other terms and conditions of service of nyayadhikaris under clause 9, the form and dimensions of the seal of the gram nyayalaya under clause 12, 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-clause (2) of clause 22, the sitting fee and other allowances payable to and the other terms and conditions of engagement of conciliators under sub-clause (2) of clause 31and  the fee payable in respect of copies of orders of the gram nyayalaya under sub-clause (12) of clause 333  the rules made by the state government are required to be laid before the state legislature4 the matters in respect of rules may be made either by the high court or by the state government are matters of administrative details or of procedure and it is not possible to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto provide for the establishment of gram nyayalayas for the purposes of providing access to justice, both civil and criminal, to the citizens at the grass-roots level 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————(shri hans raj bhardwaj minister of law and justice)