In
exercise of the powers conferred by Section 39 of the Gram Nyayalaya Act,
Section 122 of the Code of Civil Procedure and all other powers enabling it in
this behalf, the High Court of Judicature at Allahabad in consultation with the
Government of Uttar Pradesh makes the following rules- (a)
These rules may be called the
Uttar Pradesh Gram Nyayalaya (Procedure and Practice) Rules, 2009. (b)
They shall apply to Gram
Nyayalayas as constituted in the State of Uttar Pradesh-under the Gram
Nyayalaya Act, 2008. (c)
They shall come into force with
effect from the date of publication in the Official Gazette of the State of
Uttar Pradesh. In these rules, unless the
context otherwise requires- (a)
The "Act" means the
Gram Nyayalayas Act, 2008 (Act No. 4 of 2009); (b)
"Code" means the Code
of Criminal Procedure or the Code of Civil Procedure, as may be applicable; (c)
"Conciliator" means the
Conciliator appointed under Section 27 of the Act; (d)
"Kshettra Panchayat"
means Kshettra Panchayat as defined in Section 2(6) of the Uttar Pradesh
Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961; (e)
"State Government"
means the Government of Uttar Pradesh; (f)
"High Court" means the
High Court of Judicature at Allahabad; (g)
"Proceedings" shall
include pleadings, petitions, complaints and applications; (h)
Words and expressions used but
not defined herein and defined in Gram Nyayalayas Act, 2008, the Code of Civil
Procedure, 1908 or the Code of Criminal Procedure, 1973 shall have the meanings
respectively assigned to them in those statutes as applicable from time to
time. (a)
Gram Nyayalaya shall be
established at the Headquarters of a Kshettra Panchayat or at such other place
as may be notified by the State Government and shall have the territorial
jurisdiction over one or more Kshettra Panchayats for which it is established. (b)
Gram Nyayalaya may conduct
sittings at such place or places within the jurisdiction with prior public
notice under intimation of the High Court. The office of a Gram
Nyayalaya shall be open on all working days from 10.00 a.m. to 5.00 p.m. or
during such other hours as may be notified by the High Court from time to time. The Gram Nyayalaya shall
ordinarily hold sitting from 10.30 a.m. to 1.30 p.m. and from 2.00 p.m. to 4.00
p.m. with a lunch break not exceeding half-an-hour between 1.30 p.m. to 2.00
p.m. All proceedings before the
Gram Nyayalaya shall be in Hindi/Devnagari Script. The State Government shall
in consultation with the High Court of Judicature at Allahabad appoint
Nyayadhikari from amongst the Officers of the cadre of Civil Judge (Junior
Division) for such Nyayalayas. Each Gram Nyayalaya will
be provided the staff as is considered necessary as required and approved by
the High Court for smooth and efficient functioning. Nyayadhikari may within
his local limits hold mobile court with prior intimation to the Chief Judicial
Magistrate or the District and Sessions Judge of the District. PROCEDURE IN RESPECT OF
CIVIL CASES (a)
The Gram Nyayalaya shall have
jurisdiction to entertain and decide all civil proceeding of valuation up to
Rs. 25,000: Provided that the value
for the purpose of determining the jurisdiction shall be done as per the
provisions of the Suits Valuation Act, 1887 read with the Court Fees Act, 1989: Further provided that the
High Court may from time to time in consultation with the State Government
increase or reduce the limit of pecuniary jurisdiction of the
Nyayadhikari. (b)
A fixed Court Fee of Rs 50 shall
be payable on every plaint or original petition. (c)
The fees payable on vakalatnama
shall be Rs 5 and on all other applications shall be Rs 2. (a)
All proceedings, documents and
other papers required to be filed before the Gram Nyayalaya shall be presented
or filed before the Chief Ministerial. Officer or any other officer of Gram
Nyayalaya specifically specified in that behalf, by delivery of the same by the
party personally or by his counsel or the letter's registered clerk on any
working day during the office hours before 3.00 p.m., or if the presiding
officer so desires, even after 3.00 p.m. immediately on receipt, the officer
shall put his dated initials thereon and if a proceeding thereby is instituted,
assign a serial number to be allotted and preserved for the said purpose in a
bound register. In case the computers are provided an entry of it shall
immediately be made in the same. (b)
No document or proceeding
required to be presented to or filed in Gram Nyayalaya shall be received by
post, telegram or phonogram: Provided that in cases
where an Official Receiver or an officer appointed by any court does not intend
to defend or contest any proceeding before a Gram Nyayalaya in which he is
impleaded in such capacity as a party or wishes to bring a formal defect in the
proceeding to the notice of the Gram Nyayalaya, he may inform the Gram
Nyayalaya accordingly by a statement in writing in a form appropriate to the
proceeding and send it to the Gram Nyayalaya by post or by personal messenger. (a)
Gram Nyayalaya shall initially
endeavour to bring an amicable settlement between the parties. (b)
If it appears at any stage or the
proceedings that the parties are likely to settle the matter amicably, the Gram
Nyayalaya may adjourn the hearing to a later date and refer the matter to a
conciliator or conciliators with a direction to submit a report as to the
outcome of the conciliations within 15 days of such reference. (c)
If the parties arrive at a
settlement before the conciliator relating to the suit, claim or dispute or any
part thereof, such settlement shall be reduced to writing signed by both the parties
and countersigned by the conciliator. Upon submission of report
by the conciliator/conciliators the Gram Nyayalaya shall take up the matter for
hearing on a date fixed therefor and shall pronounce the judgment or order in
terms thereof unless it considers the terms of the settlement unconscionable or
illegal or against the public policy. (a)
Conciliators shall be appointed
by the Government from a panel prepared by the District and Sessions Judge in
consultation with District Magistrate and they shall be deployed at the
disposal of Gram Nyayalaya in the district. (b)
Persons to be appointed as conciliators
must have Master's Degree in Social Work/Psychology/Sociology and shall be
persons of integrity, aptitude and experience. (c)
If the parties do not settle
their dispute or where the terms of settlement appear to be unconscionable or
illegal, the Gram Nyayalaya shall proceed to hear and dispose of the matter on
merit in accordance with law. The proceedings prescribed
under Order XXIII Rule 1 of the Code shall apply for the withdrawal of the
proceedings. The provisions of the Code
of Civil Procedure and General Rules (Civil), 1957 may be followed in respect
of civil proceeding to the extent they are not inconsistent with the provisions
of the Act and these rules. PROCEDURE IN RESPECT OF
CRIMINAL CASES (a)
Initiation of criminal cases
before the Gram Nyayalaya shall be either on a police report or a complaint
given orally or in writing by the complainant. (b)
If the complaint is given orally,
the same shall be reduced to writing by the Nyayadhikari and read over to the
complainant and signed by the complainant. In trials under this
chapter, the procedure prescribed under Chapter XXI of the Code shall apply. Every Gram Nyayalaya shall
maintain a bound register for making an entry into it of the cases instituted
there under Rule 21. The provisions of the Code
of Criminal Procedure and the General Rules (Criminal), 1977 may be followed in
respect of criminal proceedings to the extent they are not inconsistent with
the Act and these rules. Every Gram Nyayalaya shall
have an office seal containing the name of Gram Nyayalaya as approved by the
High Court of Judicature at Allahabad Court. The Gram Nyayalaya in a
District shall be inspected by the District and Sessions Judge concerned every
six months or by an officer of the High Court specifically authorised in this
behalf. They shall issue such directions as are necessary and shall submit a
report to the High Court. Gram Nyayalaya shall have
exclusive jurisdiction in respect of matters covered by it's jurisdiction and
specifically conferred on it. The judgment and final
orders in civil matters be delivered within 15 days from the date of final
hearing of the matter and in criminal matters within 7 days. If the Gram
Nyayalaya fails to deliver it's judgment/final order in any matter within the
prescribed time the reasons thereof shall be recorded. Apart from the
instructions in the Code, every judgment/final order shall contain the
following: (a)
The statutory period for appeal,
if appeal lies. (b)
Name of the appellate forum. The forms prescribed in
the Code, General Rules (Civil), 1957 and the General Rules (Criminal), 1977
shall apply mutatis mutandis. CHAPTER VIII Gram Nyayalaya shall
observe such holidays, as are declared by the High Court of Judicature at
Allahabad for the subordinate courts from time to time. Confidential resports of
Nyayadhikaris shall be written by the concerned District and Sessions Judge of
the district as is written in case of other subordinate Judges and will be
place before the High Court of Judicature at Allahabad. The Nyayadhikari shall be
subject to the same Service Condition Rules as are applicable to the other
Judicial Officers of the Subordinate Courts. The provisions of the
Indian Limitation Act, 1963 shall be applicable in proceedings before Gram
Nyayalayas. No suit or proceeding shall be instituted in a Gram Nyayalaya for
which the period of limitation prescribed by the Indian Limitation Act has
expired. The High Court of
Judicature at Allahabad shall have power to amend, modify, delete or relax any
rule whenever it is deemed necessary.UTTAR PRADESH GRAM
NYAYALAYA (PROCEDURE AND PRACTICE) RULES, 2009
PREAMBLE