GRAM NYAYALAYA ACT PDF

It was established by the Gram Nyayalayas Act, Gram Nyayalayas are mobile village courts in India established for speedy and easy access to justice. (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. Keywords: nyaya panchayats, alternate disputes redessal, gram nyayalaya act. 1. Introduction. Some form of village self-government seems to have some form.

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These are aact below: Karnataka 2 Gram Nyayalayas have been notified. However, these courts cannot serve the purpose of gram nyayalayas because they do not function at the village level, says V P Patel, secretary, Gujarat Legal Department.

Gram Nyayalayas Act, is an Act of Parliament of India enacted for establishment of Gram Nyayalayas or village courts for speedy and easy access to justice system in the rural areas of India. Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of six months from the date of filing of such appeal.

The Gram Nyayalaya Act was passed in to make the judicial process participatory, inexpensive and accessible to rural India.

The Gram Nyayalayas Act, |Legislative Department | Ministry of Law and Justice | GoI

While determining the location of the Gram Nyayalayas the location of courts having parallel jurisdiction may also be considered. In order to dispense justice in the rural and the remotest of areas in the country, the Gram Nyayalaya Act was enacted in The principles of equality and justice are realized by the State apparatus through the business of administration of justice.

However, as described in the earlier section, data grsm for Gram Nyayalayas in Grzm and Rajasthan indicate a not so positive outcome in respect of the latter. However, despite these shortcomings, the institution of Gram Nyayalayas has been a positive step.

Gram Nyayalayas Act, Lastly, while the Law Commission prescribed the creation of a distinct cadre of Nyayadhikaris in each state, the Act of does not do so. Power of High Court to make rules.

Where are rural courts?

The Gram Nyayalaya shall be established for ggam 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 Panchayats. From the viewpoint of these objectives, Gram Nyayalayas in these two states have not been very successful and the reasons for the same are plentiful.

Overriding effect of Act in criminal trial. Common Cause has accessed this report which reveal the glaring inadequacies in the functioning of the Act in these trophy states. Short title, extent and commencement. This is imperative keeping in mind the objectives of Gram Nyayalayas. Monday 17 August The judgment and order passed by the Gram Nyayalaya shall be deemed to be a decree and to avoid delay in grma execution; the Gram Nyayalaya shall follow summary procedure for its execution.

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Creation of awareness among various stakeholders: Hence, the success of these institutions should not only be measured by the number of courts established in different states, but also in terms of reaching out to deprived sections of the society and its role in the overall reduction in the pendency of cases. Other reasons for the institution falling short of expectations have been the lack of cooperation from lawyers and Public Prosecutors.

In some areas, the frequency is even worse.

But rural courts are still few and far between. Duties of ministerial officers.

The Gram Nyayalayas Act, 2008

Please use a genuine email ID and provide your name. The Jurisdiction of the Gram Nyayalayas may be redefined in order to remove the ambiguities regarding the jurisdiction of Gram Nyayalayas, and the Act amended. The Act aims at making justice easily accessible to the rural population and dealing with the backlog of cases.

Sub-section 2 provides that 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 1to the opposite party to appear and answer the claim by such date as may be specified therein and the same shall be served in such manner as may be prescribed by the High Court.

The Gram Nyayalaya shall exercise the powers of a Civil Court with certain modifications and shall follow the special procedure as provided in the Act.

Why are we floundering eight years after getting a new Act?

As stated above, one of the myayalaya of the Act was to reduce pendency and burden on lower courts in the district but the study revealed that even this has not been fulfilled. The tone of the discussion in both the Law Commission’s Report, as well as the legislative debate before the enactment of the Act in nyqyalaya, reveals the familiar, somewhat patronising desire to trust Gram Nyayalayas with the relatively simple cases typically arising in rural areas.

Each Gram Nyayalaya is a court of Judicial Magistrate of the first class and its presiding officer Nyayadhikari is appointed by the state government in consultation with the High Court. The Preamble to the Gram Nyayalaya Act envisages access to justice to the citizens at their doorstep with the assurance that opportunities for securing justice are not denied to any citizen by reason of any disability whatsoever.

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Ineffectiveness of the Gram Nyayalayas The Act has not been enforced properly, with only functional Gram Nyayalayas in the country against a target of such courts. Officers recruited to this service ought to have a degree nyahalaya social work apart from a law degree. Natchippan says high courts have already expressed reservation over the functioning of mobile courts. It was envisaged that the Central government would fund the initial costs in terms of non- recurring expenses for setting up these courts with an assistance limited to Rs.

It minced no words when it noted that very few States had shown eagerness to establish the Gram Nyayalayas and that there was not a single Gram Nyayalayas in any of the North- Eastern States.

The avt of the Gram Nyayalaya is located at the headquarters of the intermediate Panchayat, but the Judicial Officers are supposed to go to the villages, work there and dispose of the cases. Retrieved 13 May However, some of the Gram Nyayadhikaris opined that creation of such a separate cadre might not be advisable due to the absence of chances of promotion.

The Act has added the lowest tier of courts of subordinate judiciary in addition to the regular civil and criminal courts. Yet to become operational. According to the Act, nyayadhikaris will hold mobile courts and conduct proceedings. Gram Nyayalayas Act, 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.

Sub-section 4 provides that 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.

Record of oral evidence. Appeals procedures- Appeals lie in the court of District Judge in civil cases not above a specified pecuniary value, and in the Sessions Court for criminal cases where the accused has not pleaded guilty, or has been ordered to pay a fine over one thousand rupees.