Gram Nyayalaya Act to come into effect from Oct 2

The Union Government today said that the provisions of the Gram Nyayalayas Act, 2008 would come into force in the areas to which the Act extends on October 2, the birth anniversary of Mahatma Gandhi.

The Act has been enacted to provide for the establishment of courts at the grassroot level for the purpose of providing access to justice to citizens at their doorsteps.

According to an official press release, the Gram Nyayalayas are aimed at providing inexpensive justice to people in rural areas. The Gram Nyayalaya will be a court of Judicial Magistrate (First Class) and its presiding officer (nyayadhikari) will be appointed by the State Government in consultation with the High Court.

The Gram Nyayalaya shall be established for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district. Where there is no Panchayat at intermediate level in any State, the Nyayalaya shall be set up for a group of contiguous Panchayats.

The Nyayadhikaris who will preside over these Nyayalayas are strictly judicial officers and will draw the same salary, deriving the same powers, as First Class Magistrates working under High Courts.

The Gram Nyayalaya shall be a mobile court and shall exercise the powers of both Criminal and Civil Courts.

According to the release, the seat of the Gram Nyayalaya will be located at the headquarters of the intermediate Panchayat, and they will go to villages, work there and dispose of the cases.

The Nyayalaya will try criminal cases, civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule to the Act.

The release said the Central as well as the State Governments had been given power to amend the First Schedule and the Second Schedule of the Act, as per their respective legislative competence.

It said the Gram Nyayalaya shall follow summary procedure in criminal trial and exercise the powers of a Civil Court with certain modifications and shall follow the special procedure as provided in the Act,

It said the Gram Nyayalaya shall try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it shall make use of the conciliators to be appointed for this purpose.

The release said the judgment and order passed by the Gram Nyayalaya shall be deemed to be a decree and, to avoid delay in its execution, the Gram Nyayalaya shall follow summary procedure for its execution.

The Gram Nyayalaya shall not be bound by the rules of evidence provided in the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to any rule made by the High Court. 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. Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the appeal.

According to the release, a person accused of an offence may file an application for plea bargaining.

It said the Centre had decided to meet the non-recurring expenditure on the establishment of these Gram Nyayalayas, subject to a ceiling of Rs. 18 lakhs out of which Rs. 10 lakhs is for construction of the court, Rs. 5 lakhs for vehicle and Rs. 3 lakhs for office equipment.

The Government has also estimated that the Gram Nyayalayas upon establishment would incur a recurring expenditure of Rs. 6.4 lakhs per annum on salaries and such other heads and proposes to share these with the State Government for the first three years within this ceiling.

More than 5000 Gram Nyayalayas are expected to be set up under the Act for which the Central Government would provide about Rs.1400 crores by way of assistance to the concerned States/Union Territories, the release said.

The Gram Nyayalayas are an important part of the Government's efforts to bring about judicial reforms and they are expected to help reduce the arrears of cases in courts.

At present, there are as many as 2.6 crore cases in arrears and the nyayalayas are expected to reduce half of the pendency of cases in subordinate courts. They will also take care of new litigations, which shall be disposed of within six months.

"This measure will usher in a great revolution in disposal of cases and also take justice to the doorsteps of the common man," the release added.

NNN