Chapter VI ESTABLISHMENT, POWERS, DUTIES AND PROCEDURE OF GRAM

Constitution of Gram Katchahry and election of Sarpanch and Panches –

(1)There shall be a Gram Katchahry in every Gram Panchayat area for the purposes of discharging the judicial functions imposed upon it by or under this Act and the Gram Katchahry shall consist of-

1. (a) A Sarpanch of the Gram Katchahry elected under the provisions of this Act, and
2. (b) Such number of directly elected Panches as may be notified from time to time by the District Magistrate and each Panch representing as nearly as five hundred population of the Panchayat area. Its territorial constituency will be the same as those of the members of the Gram Panchayat.

1. (2) Each territorial constituency shall directly elect one Panch in the manner prescribed under the provisions of this Act.
2. (3) Every Gram Katchahry constituted under the provisions of this section shall be published in the District Gazette and shall come into force from the date fixed for its first meeting.

not exceeding fifty percent of the total seats of the Panches of Gram

Katchahry shall be reserved for

1. (a) Scheduled Castes;
2. (b) Scheduled Tribes; and
3. (c) Backward Classes. The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall bear as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Gram Katchahry as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Gram Katchahry by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner. After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining constituencies by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in a Gram Panchayat by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

1. (2) As nearly as but not exceeding fifty percent of the total number of seats reserved under Sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.
2. (3) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.
3. (4) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District

Duration of Gram Katchahry - (1) Every Gram Katchahry, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for the first meeting and no longer.

1. (2) The election to constitute a Gram Katchahry shall be completed-
   • (a) before the expiration of its duration specified in sub-section (1);
   • (b) in case of dissolution, before the expiration of the period of six months from the date of its dissolution. Provided that where the remainder of the period for which the dissolved Katchahry would have continued is less than six months it shall not be necessary to hold any election under this sub-section for constituting the Gram Katchahry for such period.
2. (3) A Gram Katchahry constituted upon the dissolution of a Gram Katchahry before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Gram Katchahry would have continued under sub-section (1), had it not been so dissolved.

Katchahry shall be directly elected by a majority of votes by the voters enrolled in the voters’ list of that Gram Panchayat.

1. (2) In the event of vacancy caused by reason of death, resignation, disqualification, removal or otherwise of the Sarpanch, another Sarpanch shall be elected as soon as possible as per the provisions of sub-section (1) Provided that if the vacancy of the office of Sarpanch is for less than six month, there shall be no election.
2. (3) (i) After election every Gram Katchahry shall under the direction, control and supervision of State Election Commission, elect in its first meeting one Up-Sarpanch from amongst the members elected under the provisions of clause (b) of sub-section (1) of section 90 of the Act, by a majority of votes.
   • (ii) The Sarpanch of the Gram Katchahry shall be a voter in the election of Up-Sarpanch.
   • (iii) In the case of equality of votes in the election of Up-Sarpanch, the result shall be decided by draw of lots.
3. (4) (i) In the event of the offices of the Sarpanch and Up-Sarpanch falling vacant simultaneously in any Gram Katchahry, the Executive Officer

of the concerned Panchayat Samiti shall call a meeting for election of Up-Sarpanch within fifteen days of such an eventuality for which a notice of at least seven days shall be given to the Panches.

1. (ii) The Executive Officer of the concerned Panchayat Samiti shall preside over such meeting but he shall not have the right to vote.
2. (iii) In the case of equality of votes in the election of Up-Sarpanch, the result shall be decided by draw of lots.

1. (5) Reservation of seats —(i) For the post of Sarpanch, as nearly as but not exceeding fifty percent of the total seats of Sarpanch in every Panchayat

Samiti shall be reserved for :–

1. (a) Scheduled Castes;
2. (b) Scheduled Tribes; and
3. (c) Backward Classes.

Within every Panchayat Samiti, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the post of Sarpanch and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Sarpanch within the said Panchayat Samiti as the population of the Scheduled Castes/Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different Gram Kachaharis within the Panchayat Samiti by the District Magistrate under the direction, control and supervision of the State Election Commission in the manner prescribed. After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Gram Kachaharis by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different Gram Kachaharis in a Panchayat Samiti by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

1. (ii) As nearly as but not exceeding fifty percent of the total number of seats so reserved under Sub-section (i) shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Classes as the case may be.
2. (iii) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.
3. (iv) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category shall be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different Gram Katchaharis in such manner as may be prescribed by the

Assistance to Gram Katchahry– (1) There shall be a secretary in every Gram Katchahry to be appointed in the manner as may be prescribed.

1. (2) There shall be a person called Nyaya Mitra having at least a three year Law Degree from a recognised Institution or University to assist the Gram Katchahry or any bench thereof in the discharge of its duties. Such Nyaya Mitra shall be appointed in the prescribed manner.
2. (3) In order to enable the Gram Katchahry to perform its functions effectively, the State Government shall, in the prescribed manner, make arrangements for training of the Sarpanch, the Up-Sarpanch and Panches of the Gram Katchahry.

Sarpanch and Up-Sarpanch of the Gram Katchahry shall, save as otherwise provided in this Act, cease on the expiry of his term of office as a member of the Gram Katchahry.

Subject to the provisions of this Act and rules made thereunder, the Sarpanch shall - (a) be the President of Gram Katchahry and benches thereof; (b) entertain suits and cases on application of parties and police reports; (c) have the powers of a Civil Court under the Code of Civil Procedure,1908 to take evidence and to compel attendance of the parties, witnesses and such other persons as may be required and production of documents or instruments for disposal of such suits or cases; and (d) exercise such other powers and perform such other duties as may be prescribed; (2) The Up-Sarpanch shall during the vacancy in the office of the Sarpanch or the incapacity or temporary absence of the Sarpanch, perform all his duties and exercise all his powers and exercise or perform any other powers or duties which may be prescribed.

1. (a) be the President of Gram Katchahry and benches thereof;
2. (b) entertain suits and cases on application of parties and police reports;
3. (c) have the powers of a Civil Court under the Code of Civil Procedure,1908 to take evidence and to compel attendance of the parties, witnesses and such other persons as may be required and

production of documents or instruments for disposal of such suits or cases; and

1. (d) exercise such other powers and perform such other duties as may be prescribed;

1. (2) The Up-Sarpanch shall during the vacancy in the office of the Sarpanch or the incapacity or temporary absence of the Sarpanch, perform all his duties and exercise all his powers and exercise or perform any other powers or duties which may be prescribed.

Sarpanch or Up-Sarpanch may resign his office by writing under his hand addressed to the District Panchayat Raj Officer.

1. (2) Every resignation under Sub-Section (1) shall take effect on the expiry of seven days from the date of its receipt by the District Panchayat Raj Officer, unless within this period of seven days he withdraws such resignation by writing under his hand addressed to the District Panchayat Raj Officer.
2. (3) Every Up-Sarpanch shall vacate the office if he ceases to be a member of a Gram Katchahri. (4)(i) Removal of Sarpanch by no confidence motion—Every Sarpanch shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a simple majority of the total number of voters of the Gram Panchayat at a meeting especially convened for the purpose. The requisition for such a special meeting shall be signed by not less than one fifth of the total number of voters of the Gram Panchayat and shall be delivered to the District Panchayat Raj Officer. The District Panchayat Raj Officer shall, within seven days from the date of receipt of the requisition, fix a date for the meeting of Gram Panchayat at any place within the Gram Panchayat area. The meeting shall be held within fifteen days from the date of issue of the notice of the meeting. The meeting shall be presided over by the District Panchayat Raj Officer : Provided that during the first two year period of the tenure, no such motion of no confidence shall be moved against the Sarpanch. Provided further that if the motion of no confidence against the Sarpanch is once rejected, no fresh motion of no confidence against the Sarpanch shall be brought within a period of one year from the date of such rejection of the motion; Provided further that no motion of no confidence against Sarpanch shall be brought during the last six months of the term of Gram Katchahry.
   • (ii) Removal of Up-Sarpanch by no confidence motion—Every Up-Sarpanch shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a simple majority of the total number of elected Panches of the Gram Katchahry and Sarpanch at a meeting especially convened for the purpose. The requisition for such a special meeting shall be signed by not less than one third of the total number of elected Panchs of the Gram Katchahry and shall be delivered to the Sarpanch. The Sarpanch shall, within seven days from the date of receipt of the requisition, convene a special meeting of the Gram Katchahry in the office of the Gram Katchahry for discussion on the motion and shall also preside over the meeting : Provided that during the first two year period of the tenure, no such motion of no confidence shall be moved against the Up-Sarpanch. Provided further that if the motion of no confidence against the Up- Sarpanch is once rejected, no fresh motion of no confidence against the Up- Sarpanch shall be brought within a period of one year from the date of such rejection of the motion; Provided further that no motion of no confidence against Up-Sarpanch shall be brought during the last six months before the expiry of the term of Gram Katchahry.
3. (5) Without prejudice to the provisions under this Act, if, in opinion of the Commissioner having territorial jurisdiction over the Gram Panchayat, a Sarpanch or an Up-Sarpanch of Gram Katchahry absents himself without sufficient cause for more than three consecutive sittings or willfully omits or refuses to perform his duties and functions under this Act, or abuses the power vested in him or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is absconding being an accused in a criminal case for more than six months, the Commissioner may, after giving the Sarpanch or Up-Sarpanch, as the case may be, a reasonable opportunity for explanation, by order, remove such Sarpanch or Up-Sarpanch, as the case may be, from office. The Sarpanch or Up-Sarpanch so removed shall not be eligible for re-election as Sarpanch or Up-Sarpanch or Panch of Gram Katchahry during the remaining term of office of such Gram Katchahry.
4. (6) Appeal shall lie before the Member, Board of Revenue against the order of the Commissioner.

office in writing under his hand addressed to the Sarpanch of the Gram Katchahry and his office shall become vacant on the expiry of seven days from the date of such resignation unless within the said period of seven days he withdraws such resignation by writing under his hand addressed to the Sarpanch.

When the place of a Panch becomes vacant by his removal, resignation, death or otherwise a new Panch shall be elected in the manner prescribed and he shall hold office so long as the Panch whose place he fills would have been entitled to hold office if such vacancy had not occured.

No Sarpanch, Up-Sarpanch or Panch shall take part in any proceedings in which he is personally interested. Provided that the fact that the Sarpanch, Up-Sarpanch or a Panch has got personal knowledge of the facts of a case or suit shall not by itself disqualify him from taking part in the proceedings.

(1) Every suit or case instituted under this Act shall be instituted before the Sarpanch or where the services of Sarpanch are not available before the Up-Sarpanch and shall be heard and determined by a bench of the Gram Katchahry consisting of the Sarpanch and two Panches from amongst the Panches of the Gram Katchahry to be named by the respective parties to the suit or case and two other Panches selected by the Sarpanch in such manner as may be prescribed : Provided that (i) if a party does not nominate a Panch within such time as may be prescribed, the Sarpanch, or in the case of his non-availability, the Up-Sarpanch shall nominate Panch from amongst the Panches of the Gram Katchahry; (ii) If in any suit or case, the Sarpanch is precluded from taking part in the proceedings, the Up-Sarpanch, or if he is also so disqualified in the opinion of the Sarpanch, another Panch shall be selected by the Panches from amongst its own number and the Up-Sarpanch or as the case may be the Panch so selected shall discharge all the functions of the Sarpanch for the purposes of the said suit or case; (iii) If the services of the Sarpanch are not available at any time after the institution, but before the determination of the suit or case, the Up- Sarpanch or if the Up-Sarpanch is either precluded under section 100 from taking part in the proceedings or has been nominated by any party to the suit in case, a Panch to be nominated by the panel of Panches or where no such nomination has been made, the senior most Panch of the Gram Katchahry shall act for the Sarpanch; and (iv) If the services of a Panch ceases to be available at any time after the institution but before the determination of the suit or case or he is precluded under section 100 from taking part in the proceedings, another Panch shall be nominated by the Party concerned or selected by the Sarpanch, as the case may be. (2) Not less than three Panches including the Sarpanch and the two Panches named by the respective parties shall form a quorum for the purpose of hearing and determining a suit or case under sub- section (1). Explanation- For the purposes of this sub-section, the expression "Sarpanch" includes the Up-Sarpanch or any other Panch acting for the Sarpanch and the expression "Panches" named by the respective parties, includes Panches nominated under clause (i) of the provision to sub-section(1).

1. (i) if a party does not nominate a Panch within such time as may be prescribed, the Sarpanch, or in the case of his non-availability, the Up-Sarpanch shall nominate Panch from amongst the Panches of the Gram Katchahry;
2. (ii) If in any suit or case, the Sarpanch is precluded from taking part in the proceedings, the Up-Sarpanch, or if he is also so disqualified in the opinion of the Sarpanch, another Panch shall be selected by the Panches from amongst its own number and the Up-Sarpanch or as the case may be the Panch so selected shall discharge all the functions of the Sarpanch for the purposes of the said suit or case;
3. (iii) If the services of the Sarpanch are not available at any time after the institution, but before the determination of the suit or case, the Up- Sarpanch or if the Up-Sarpanch is either precluded under section 100 from taking part in the proceedings or has been nominated by any party to the suit in case, a Panch to be nominated by the panel of Panches or where no such nomination has been made, the senior most Panch of the Gram Katchahry shall act for the Sarpanch; and
4. (iv) If the services of a Panch ceases to be available at any time after the institution but before the determination of the suit or case or he is precluded under section 100 from taking part in the proceedings, another Panch shall be nominated by the Party concerned or selected by the Sarpanch, as the case may be.

1. (2) Not less than three Panches including the Sarpanch and the two Panches named by the respective parties shall form a quorum for the purpose of hearing and determining a suit or case under sub- section (1). Explanation- For the purposes of this sub-section, the expression "Sarpanch" includes the Up-Sarpanch or any other Panch acting for the Sarpanch and the expression "Panches" named by the respective parties, includes Panches nominated under clause (i) of the provision to sub-section(1).

A bench of the Gram Katchahy, while hearing a suit or trying a case under the provisions of this Act, shall after giving such notice to the parties and in such manner as it thinks fit, endeavour to bring about an amicable settlement between the parties, and for this purpose the bench shall, in such manner as it thinks fit and without delay, investigate the suit or case and all matters affecting the merits thereof and the right settlement thereof and in so doing may do all such lawful things as it thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement, and where such a settlement is brought about, the bench shall record the same and give its decision accordingly.

dispute in case no amicable settlement is reached - Where a bench of Gram Katchahry does not succeed in bringing about an amicable settlement under the preceding section or otherwise takes up the hearing or trial of a suit or case, it shall make an enquiry, receive such evidence as it considers necessary and record its judgment and in the event of the members of the bench disagreeing, the decision of the majority shall prevail; Provided that nothing herein before contained shall be deemed to prevent any member of the bench from placing on record in writing his dissent against such decision.

Subject to the provisions of this Act and to any rules or directions that may be issued by the Government in this behalf the procedure to be followed by a bench of the Gram Katchahry shall be such as it considers just and convenient and the bench shall not be bound to follow any laws of evidence or procedure; other than the procedure prescribed by or under this Act.

The decision of a bench of the Gram Katchahry shall be in writing and shall be signed by all members of such bench. It shall contain such particulars as may be prescribed by rules made by the Government in this behalf:

Criminal Jurisdiction - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) and subject to the provisions of this Act a bench of the Gram Katchahry shall have jurisdiction within the local limits of the Gram Panchayat for the trial of the following offences as well as abetment of and attempts to commit any such offence if committed within the local limits of its jurisdiction, namely :-

1. (a) offences under the Indian Penal Code, 1860 (45 of 1860), sections 140, 142, 143, 145, 147, 151, 153, 160, 172, 174, 178, 179, 269,

277, 283, 285, 286, 289, 290, 294, 294A, 323, 334, 336, 341, 352,

356, 357, 358, 374, 403, 426, 428, 430, 447, 448, 502, 504, 506, 510;

1. (b) offences under the Bengal Public Gambling Act, 1867 (Ben. Act 2 of 1867);
2. (c) offences under sections 24 and 26 of the Cattle Trespass Act, 1871 (1 of 1871)
3. (d) except as otherwise provided offences under this Act; or under any rule or bye-law made there under, and
4. (e) any other offence under any other enactment, if empowered in this behalf by the Government: Provided further that the Gram Katchahry shall not take cognizance of any offence in respect of which any proceeding is pending before a court of competent jurisdiction prior to the coming into effect of this Act. Provided that the bench shall not take cognizance of any offence under section, 379, 380, 381 or 411 of the Indian Penal Code, 1860 (45 of 1860) in which the value of the property alleged to be stolen exceeds ten thousand rupees or in which the accused-
   • (i) has been previously convicted of an offence punishable under Chapter XVII of the Indian Penal Code, 1860 (45 of 1860) with imprisonment of either description for a term of three years or up-wards; or
   • (ii) has been previously fined for theft by any bench of the Gram Katchahry;
   • (iii) has been bound over to be of good behaviour in proceedings

instituted under sections 109 or 110 of the Code of Criminal

Procedure, 1973 (2 of 1974): Provided further that the Gram Katchahry shall not take cognizance of any offence in respect of which a complaint has been filed against the Gram Panchayat a Mukhiya or any other member of the Executive Committee, Sarpanch or a Panch.

1. (1) A bench of the Gram Katchahry shall, after hearing the parties and after considering the evidence adduced by the parties, record its decision in writing, and may sentence any offender convicted by it to pay a fine not exceeding one thousand rupees: Provided that if the members of the bench present during the trial of a case fail to come to a unanimous decision, the decision of the majority of such members shall be the decision of the bench : Provided further that in the case of equality of votes of the members of a bench present during the trial of a case, the Sarpanch shall have a second or casting vote and the decision of the bench shall be in accordance with such second or casting vote.
2. (2) No sentence of imprisonment, simple or rigorous, whether substantive or in default of payment of fine shall be awarded by any bench.
3. (3) When a bench imposes a fine under sub-section (1), it may, when passing the order, direct that the whole or any part of the fine recovered shall be applied in payment of compensation for any loss or injury caused by the offence.
4. (4) When any person is sentenced by a bench of the Gram Katchahry, the

bench shall, on the request of the person so sentenced , either in writing or orally , suspend the operation of such sentence for a period prescribed for filing appeal under this Act . A copy of the order passed by a Gram Katchahry or bench thereof shall be made available free of cost to the parties within one week from the date of passing of such order in the manner prescribed for this purpose.

frivolous, or vexatious accusation - If in any case instituted upon complaint, the bench of the Gram Katchahry discharges or acquits all or any of the accused and is of the opinion that the accusation against any of the accused was false or frivolous or vexatious, such bench may, for reasons to be recorded in writing, direct that compensation of an amount not exceeding five hundred rupees be paid by the complainant to such accused, and the compensation, if not paid shall be recoverable as if it were a fine imposed by the bench.

(1) Whenever the Sarpanch has reason to believe that a breach of the peace or disturbance of the public tranquility is imminent and immediate prevention or speedy remedy is desirable, he may, by a written order stating the material facts of the case and served in the prescribed manner, direct any person to abstain from a certain act or to take action with respect to a certain property in his possession or under his management. (2) As soon as the Sarpanch has issued an order under sub-section (1) he shall submit the proceedings of the case to the Sub-divisional Magistrate who may either confirm the order or discharge the notice after hearing the parties to the dispute, if they so desire. (3) An order passed under sub-section (1) shall remain in force for thirty days. (4) Any order passed under sub-section (1) shall be promptly given effect to by the concerned local authorities.

1. (2) As soon as the Sarpanch has issued an order under sub-section (1) he shall submit the proceedings of the case to the Sub-divisional Magistrate who may either confirm the order or discharge the notice after hearing the parties to the dispute, if they so desire.
2. (3) An order passed under sub-section (1) shall remain in force for thirty days.
3. (4) Any order passed under sub-section (1) shall be promptly given effect to by the concerned local authorities.

Notwithstanding anything contained in the Bengal, Agra and Assam Civil

Courts Acts, 1887 (13 of 1887), the Provincial Small Cause Courts Act,

1887 (9 of 1887) and the Code of Civil Procedure, 1908 (5 of 1908) and subject to the provisions of this Act a bench of the Gram Katchahry shall have jurisdiction to hear and determine the following classes of suits :-

1. (a) When the value of the suit does not exceed ten thousand rupees, namely -
   • (i) suits for money due on contracts;
   • (ii) suits for the recovery of movable property or the value of such property ;
   • (iii) suits for the recovery of rent; and
   • (iv) suits for compensation for wrongfully taking or injuring movable property, or for damaged property caused by cattle trespass;
2. (b) All suits of partition except wherein complicated question of law or title is involved; But where the Gram Katchahry is of the view that where in a suit for partition, complicated question of law or title is involved, Gram Katchahry shall transfer such suit to the court of competent jurisdiction : Provided that the parties to a suit of the above description under clauses (a) and (b) may by a written agreement refer the suit to the bench for decision irrespective of the value of the suit and the bench shall, subject to such rules as may be prescribed as to court-fees and other matters, have jurisdiction to hear and determine the said suit under this Act:

Notwithstanding anything to the contrary contained in section 110, no suit shall lie in any bench of the Gram Katchahry –

1. (a) on a balance of partnership account, or
2. (b) for a share or part of a share under an intestacy or for a legacy or part of a legacy under a will, or
3. (c) by or against the Central or State Government or servants of such Government in their official capacity or
4. (d) by or against minors or persons of unsound mind, or
5. (e) for the assessment, enhancement, reduction, abatement or apportionment of rent of immovable property, or
6. (f) of a mortagee of immovable property for the enforcement of the mortgage by foreclosure or sale of the property for the redemption of the mortgage or
7. (g) for determining the right, title and interest in immovable property,
8. (h) with regard to any matter in which proceeding is pending before a court of competent jurisdiction prior to coming into effect of this Act.
   • (i) against the Gram Panchayat Mukhiya or any other member of the

Appeals - (1) An appeal against any order or decision of a bench of the Gram Katchahry shall be preferred within the period of thirty days after the date of the passing of such order or decision to the full bench of the Gram Katchahry and shall be heard by it in the prescribed manner.

1. (2) Not less than seven Panches shall form the quorum for the purpose

of constituting a full bench for hearing an appeal under sub-section

(1):

1. (3) An appeal against any order or decision of a full bench of the Gram Katchahry shall be preferred within a period of 30 days after the date of the passing of such order or decision to a Sub-Judge in case of civil cases and to a District and Session Judge in case of criminal cases.
2. (4) The order under challenge in appeal shall be not given effect to till the appeal is finally disposed of in the manner prescribed ,
3. (5) A copy of the order passed by the full bench of Gram Katchahry shall be made available free of cost to the parties within one week from the date of passing of such order in the manner prescribed for this purpose.

(1) Notwithstanding anything contained in any law for the time being in force, no Court shall take cognizance of any case or suit which is cognizable under the Act by a bench of the Gram Katchahry.

1. (2) Every information relating to the commission of an offence triable by a bench of the Gram Katchahry given to an officer-in-charge of a police station shall be reported within fifteen days of the receipt of the information to the bench of the Gram Katchahry in the jurisdiction of which the offence has been committed.
2. (3) When a case relating to any offence triable by a bench of the Gram Katchahry is pending before such bench and a charge sheet is submitted by Police Officer, or a complaint is made to any Magistrate in respect of the same offence, such Police Officer or the complainant shall mention in the charge-sheet or the complaint petition, as the case may be, that such a case is so pending and in such circumstances the concerned Magistrate shall direct the bench of the Gram Katchahry to proceed with the trial of the case.

Magistrate or Munsifs - If at any stage of proceedings in a case or suit pending before a Magistrate or Munsif or a court of competent jurisdiction, it appears that the case or suit is one triable by a bench of the Gram Katchahry the Chief/Additional/Sub-Divisional Judicial Magistrate, the Munsif or the court of competent jurisdiction, as the case may be, shall, at once transfer the case or suit to the bench having jurisdiction.

Additional Judicial Magistrate/ Sub-Divisional Judicial Magistrate, the Munsif or a court of competent jurisdiction as the case may be, either on his own motion or on information received, withdraw any case or suit pending before a bench of the Gram Katchahry if for reasons to be recorded by him in writing, he is of the opionion that such case or suit ought not to be tried or heard by such bench and may try or hear the case or suit either himself or transfer it to another competent Magistrate, Munsif or the court of competent jurisdiction or any other bench of Gram Katchahry for disposal.

No legal practitioner shall appear, plead or act on behalf of any party in any suit or case before the Gram

Appearance in person or by representatives - (1) Subject to the provisions of section 116 any party to a suit may appear before a bench of the Gram Katchahry either in person or by such personal relation, friend or any other person duly authorised by him as the bench may admit as a fit person to represent him.

1. (2) Whenever the Sarpanch issues a summons in a case, he may, for reasons to be recorded in writing, dispense with the personal attendance of the accused and, subject to the provisions of section 116 permit him to appear by his personal relation, friend or any other person duly authorised by him : Provided that the bench enquiring into or trying the case may at any stage of the proceedings direct the personal attendance in the prescribed manner.
2. (3) Subject to the provisions of section 116, a bench enquiring into or trying a case may at any stage of the proceedings, for reasons to be recorded in writing :-
   • (i) direct the personal attendance of the accused, and if necessary, enforce such attendance in the prescribed manner or;
3. (4) permit such accused persons to be represented by his personal relations, friend or any other person duly authorised by him.

Magistrate/ Sub- divisional Judicial Magistrate and Munsif over the bench of Gram Katchahry -

1. (1) If there has been a miscarriage of justice, or there be an apprehension of miscarriage of justice, in any case or suit, the Chief Judicial Magistrate/ Additional Chief Judicial Magistrate/ Subdivisional Judicial Magistrate, as the case may be, and the Munsif in respect of any suit, may on the application of any party or of his own motion, at any time during the pendency of the suit or case and within sixty days from the date of a decree or order, call for the record from a bench of a Gram Katchahry and may for reasons to be recorded in writing. -
   • (a) transfer the case and order it to be heard by another bench of the Gram Katchahry within the local limits of the jurisdiction of the Panchayat or within the local limits of the jurisdiction of the Panchayat Samiti area; or
   • (b) quash any proceeding of the bench at any stage or cancel any order or decree passed by such bench and either remand the suit or case to the same bench for retrial or direct the complainant or plaintiff, as the case may be, to institute the case or suit afresh to any other bench of the Gram Katchahry within the local limits of the Panchayat Samiti area: Provided that before passing any order under this sub- section the Chief Judicial Magistrate/ Additional Chief Judicial Majistrate/ Subdivisional Judicial Magistrate/ Judicial Magistrate or the Munsif, as the case may be, shall call for a report from the bench of a Gram Katchahry and give an opportunity to the parties to be heard. Explanation - For the purposes of sub-section (1) the word "bench" includes a "full bench".
2. (2) Where order has been passed by a Munsif or Chief Judicial Magistrate/ Additional Chief Judicial Magistrate/ Sub- Divisional Judicial Magistrate, as the case may be, under sub-section (1) in respect of any suit or case, as the case may be, the complainant or plaintiff may institute the case or suit afresh before a court of competent jurisdiction.
3. (3) Any suit or case transferred under clause (a) of sub-section (1) shall be disposed of as if such suit or case has been instituted before the bench to which it has been so transferred. Explanaton- For the purpose of sub-section (1) the word "bench" includes a "full bench".

If a bench of the Gram Katchahry is unable for any reason to execute a decree passed by it in any suit the bench shall transfer such decree for execution to the Munsif who shall execute the decree as if it were a decree passed by the Munsif.

1. (2) If a bench of the Gram Katchahry is unable for any reason to realise any fine imposed by it in any case the bench shall send the order imposing such fine for execution to the Chief/ Additional/ Sub- Divisional Judicial Magistrate who shall realise the fine from the person against whom such order was passed as if the order were an order passed by such Magistrate in a case tried by him.
2. (3) If a bench of Gram Katchahry is unable to secure the attendance of any accused for the trial of any case it may forward a bailable warrant for the apprehension of such accused (with a report about the whereabouts of the accused) to the Chief/Additional/Sub- Divisional Judicial Magistrate who shall countersign and forward the warrant to the officer in-charge of the police-station within whose jurisdiction the accused is to be found and such officer shall execute the warrant and take necessary steps for the production of the accused before the bench to stand his trial.

Gram Katchahry after the expiration of three years from the date when the right to sue first accrued: Provided that the period of limitation for suits specified in the first column of the Table when instituted before a bench of the Gram

Re judicata and pending suits - No bench of the Gram Katchahry shall try any suit in which the matter directly and substantially in dispute has been heard and decided by a Court of competent jurisdiction in a former suit between the same parties or between parties under whom they or any of them claim, or is pending for decision in the same Court or in any other Court in a previously instituted suit between the same parties or between parties under whom they or any of them claim.

District Judge, or any other Judicial Officer especially authorised by him, shall have power at all reasonable time to inspect the proceedings and records of a Gram Katchahry or benches thereof. TABLE (See section 120)

Period of limitation for certain suits Description of suit Period of limitation Time from which period begins to run. 1. For the wages of a house-hold servant, artisan or labourer. One year When the wages accrued are due. 2. For the price of food or drink supplied by a keeper of a hostel, tavern or lodging house. One year When the food or drink was delivered. 3. For the rent of lodging. One year When the rent became payable. 4. For money due on contract.

Three years When the money became due to the plaintiff. 5. For the recovery of the movable property or the value thereof.

One year When the plaintiffs became entitled to the delivery of the movable property.

6. For compensation for wrongfully taking or injuring a movable property. One year When the movable property was wrongfully taken or when injury was done to it. 7. For damages caused by cattle trespass. Six months When the damage was caused by the cattle trespass.