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Oct 2, 2009

THE GRAM NYAYALAYAS ACT, 2008

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

Nyayadhikari to hold mobile courts and conduct proceedings in villages.

Gram Nyayalaya shall exercise both civil and criminal jurisdiction in the manner and to the extent provided under this Act.

Gram Nyayalaya to follow summary trial procedure.

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

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.

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 aterm 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) thePayment 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 RELIEFUNDER 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 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.
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