Chapter XIII Chapter XIII

Constitution of Panchayati Adalat

Composition of Panchayati Adalats.-

1. (1) There shall be a Panchayati Adalat for every Halqa.
2. (2) The Panchayati Adalat shall comprise five members who shall be nominated by the prescribed authority out of the panel prepared and recommended by Halqa Panchayat out of its electorate : Provided that no person shall be so recommended unless he--
   • (i) is literate ;
   • (ii) has attained the age of 30 years ;
   • (iii) is not a Sarpanch, Naib-Sarpanch or a Panch ;
   • (iv) is not under the employment of the Government or any local body or corporation.
3. (3) The term of member of the Panchayati Adalat shall be five years from the date of nomination.
4. (4) Three members of the Panchayati Adalat shall form the quorum.
5. (5) If any vacancy arises in the Panchayati Adalat, it shall be filled up in the same manner as prescribed under sub-section
6. (2) and the member so nominated shall serve for the residue of term of his predecessor.

Procedure for conduct of business.- Save as otherwise provided in this Act, the Government may, make rules to-

1. (i) regulate the conduct and distribution of business and practice before a Panchayati Adalat ;
2. (ii) prescribe the time and place at which the Panchayati Adalat shall sit.

Chairman of Panchayati Adalat.- The members of a Panchayati Adalat shall elect any member from amongst themselves to be the Chairman of such Panchayati Adalat : Provided that if the members of a Panchayati Adalat fail to elect the Chairman within a period of thirty days from the date of nomination, the prescribed authority shall appoint one from amongst the members to be the Chairman of such Panchayati Adalat.

Secretary of the Panchayati Adalat.- The Secretary of the Halqa Panchayat shall act as the judicial clerk to the Panchayati Adalat for the purpose of recording its proceedings and decisions and such other duties as may be prescribed.

Removal of the Chairman and the member of Panchayati Adalat.-

1. (1) The Government may remove the Chairman or any member of a Panchayati Adalat after giving him opportunity of being heard and after such enquiry as the Government deems necessary, if in the opinion of the Government, such Chairman or member, as the case may be, has been guilty of mis-conduct in the discharge of his duties or of any disgraceful conduct or neglect or refusal to perform or is incapable to perform the functions of the Panchayati Adalat.
2. (2) If an enquiry is held under sub-section (1), the Government may suspend the Chairman or the member of the Panchayati Adalat.
3. (3) A person removed from the Panchayati Adalat under subsection
4. (1) shall not be eligible for nomination to such Panchayati Adalat.

Transfer of pending suits and the cases to Panchayati Adalat.- All suits and cases pending before a Panchayati Adalat constituted under the Jammu and Kashmir Village Panchayat Act, 1958 or before the Civil or Criminal Court, for matters within the jurisdiction of a Panchayati Adalat constituted under this Act shall stand transferred to the concerned Panchayati Adalat so constituted.

Hearing by members of Panchayati Adalat.- No member of a Panchayati Adalat who is a party to or is personally interested in, any suit or case, shall hear or dispose of such suit or case.

Chairman and members to be public servants.-

1. (1) Every member including the Chairman of the Panchayati Adalat shall be deemed, to be a public servant within the meaning of section 21 of the Ranbir Penal Code, Samvat 1989.
2. (2) The provisions of the Judicial Officers Protection Act, 1971 shall apply to every Panchayati Adalat and to every member thereof while acting judicially.

Criminal jurisdiction.--(1) Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989 and subject to the provisions of this Act, a Panchayati Adalat shall have jurisdiction over the concerned Halqa Panchayat area for the trial of and shall take cognisance of any offence and abetment of or attempt to commit any offence, specified in the Schedule : Provided that no such offence shall be taken by a Panchayati Adalat of any case in which the accused--

1. (i) has been previously convicted of an offence punishable under Chapter XII or Chapter XVII of the Ranbir Penal Code with imprisonment of either description for a term of three years or onwards ; or
2. (ii) has been previously sentenced for any offence to life imprisonment for a like term ; or
3. (iii) has been previously sentenced by any Panchayati Adalat for a theft or for dishonestly receiving stolen property ; or
4. (iv) is a registered habitual criminal ; or
5. (v) has been bound over to be of good behaviour under section 109 or section 110 of the Code of Criminal Procedure, Samvat 1989 : Provided further that the Government may, on its own motion or on the recommendation of the prescribed authority, exclude, by notification in the Government Gazette the jurisdiction of any Panchayati Adalat in respect of any of the offences specified in the Schedule : Provided also that no Panchayati Adalat shall take cognisance of any case relating to an offence specified in the Schedule in which either the complainant or the accused is a public servant as defined in section 21 of the Ranbir Penal Code, Samvat 1989.

Panchayati Adalat before which case to be instituted-Every case under this Act shall be instituted in the Panchayati Adalat within the local limits of whose jurisdiction the offence was committed.

Penalties.-A Panchayati Adalat shall not be competent to impose on any person convicted of an offence tried by it, any sentence other than a sentence of fine not exceeding one thousand rupees.

Composition to Complainant.-A Panchayati Adalat may direct that the whole or any part of the fine, when realised shall be paid as compensation to the complainant or person affected by the offence.

Composition to Accused-If a Panchayati Adalat is satisfied after enquiry that the case brought before it is false, frivolous or vexatious, it may order the complainant to pay the accused such compensation not exceeding two hundred rupees as it deems fit.

Youthful offenders.-Subject to the provisions of section 562 of the Code of Criminal Procedure, Samvat 1989, a Panchayati Adalat may, instead of passing sentence, discharge, after due admonition an offender who in its opinion was on the date of the commission of offence not over fifteen years of age.

Recovery of fines.-If any fine imposed or compensation ordered to be paid by a Panchayati Adalat remains unpaid for thirty days, the Panchayati Adalat shall certify the fact of non-payment to the District Panchayat Officer having jurisdiction, who shall proceed to recover it as if it were a fine imposed by himself.

Previous acquittal etc.-Where an accused person has been tried for and discharged, convicted or acquitted of any offence, no Panchayati Adalat shall take cognisance of such offence, or on the same facts of any other offence.

Local inquiry and reports.-(1) A Panchayati Adalat may be directed by a Magistrate to make a local enquiry under section 202 of the Code of Criminal Procedure, Samvat 1989, in any case in which the offence was committed within the local limits of the jurisdiction of such Panchayati Adalat.

1. (2) Any Magistrate before whom a proceeding under section 488 of the said Code is pending may require a Panchayati Adalat in whose jurisdiction the husband or parent against whom the proceedings has been started, might be residing to submit a report as to the amount of maintenance allowance which, having regard to the circumstances of the parties to such proceeding, should be payable.

Summary dismissal of complaint Summary dismissal of complaint.-A Panchayati Adalat may dismiss any complaint, if after examining the complainant and taking such evidence as he produces, it is satisfied that the complaint is frivolous, vexatious or untrue.

Civil jurisdiction.-Notwithstanding anything contained in the Code of Civil Procedure, Samvat 1977 and subject to the provisions of this Act, a Panchayati Adalat shall have jurisdiction over the concerned Halqa Panchayat area for which it has been constituted for the trial of such suits as are described in section 67.

Suits Cognizable by Adalat.-The Panchayati Adalat shall have jurisdiction to hear and determine all suits of the following nature, namely :--

1. (i) suits for money arising on contract, not exceeding one thousand rupees ;
2. (ii) suits for the recovery of movable property or for the value thereof, not exceeding one thousand rupees ;
3. (iii) suits for compensation for wrongfully taking or injuring movable property, not exceeding one thousand rupees ;
4. (iv) suits for damages caused by cattle trespass not exceeding one thousand rupees.

Suits to include whole claim.-Every suit instituted in a Panchayati Adalat shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action, but he may relinquish any portion of his claim in order to bring the suit within the jurisdiction of the Panchayati Adalat.

Place of institution.-Every suit under this Act shall be instituted in the Panchayati Adalat within the local limits of whose jurisdiction the defendant, or any of the defendants in the suit, resides at the time of the institution of the suit.

Interest and Instalment.-(1) In suits for money, the Panchayati Adalat may, in decreeing the suit, order interest at such rate as it thinks fit to be paid from the date of institution of the suit till the date of decree, in addition to the principal sum not exceeding ten per cent per annum.

1. (2) Where the decree is for payment of money, the Panchayati Adalat may, direct that the payment of the amount decreed be made by instalments.

Execution.-(1) A decree or order passed by a Panchayati Adalat shall be executed by it in such manner as may be prescribed.

1. (2) If a Panchayati Adalat finds any difficulty in executing a decree or order, it may forward the same in the manner prescribed to the District Panchayat Officer who shall get the decree or order executed.

Appearance in person or representation.-Parties to a case triable by a Panchayati Adalat shall appear in person before the Panchayati Adalat; provided that a female party, who is a person exempt from personal appearance in court, may be represented by an agent.

Transfers.-(1) Any Magistrate before whom a complaint or report by the police of any offence triable by a Panchayati Adalat is brought or who takes cognizance of any such offence upon his own motion or suspicion may transfer the case to the Panchayati Adalat within whose jurisdiction the offence was committed.

1. (2) Any Judicial Magistrate may, on an application made by any aggrieved party to a suit or case pending before a Panchayati Adalat, after satisfying himself and recording the reasons therefor, transfer the same to any other nearest Panchayati Adalat if it is in the interest of justice to do so.

Appeal and Revision.-No appeal shall lie against any order or decree passed by a Panchayati Adalat under this Act, but the District Magistrate in criminal cases and District Judge in civil suits may, either on his own motion or on an application made by any party, call for and examine the record of any case or suit decided by a Panchayati Adalat for the purpose of satisfying himself as to the legality or propriety of any decree or order passed and as to the regularity of the proceedings held by such Panchayati Adalat.

Decrees or Orders passed are not to be altered.-Except as provided in section 74, no decree or order passed by a Panchayati Adalat shall be altered or reversed.

Pending cases before the Panchayati Adalat.-Every case pending before the Panchayati Adalat at the time of the commencement of this Act, or before the expiry of the term of office of its members, shall be heard and determined by the Panchayati Adalat as newly constituted.

Contempt of Panchayati Adalat.-If any person intentionally insults any member of a Panchayati Adalat or any public servant during the sitting of the Panchayati Adalat or any stage of judicial proceedings or causes any interruption to the Panchayati Adalat while sitting in any stage of judicial proceedings, the Panchayati Adalat may punish such person with fine not exceeding fifty rupees.

Power to make rules.-(1) The Government may make rules for carrying out the purposes of this Act. In particular and without prejudice to the generality of the foregoing power, such rules may provide for---

1. (i) for all matters expressly required or allowed by this Act to be prescribed by rules ;
2. (ii) for the procedure for exercise of civil and criminal jurisdiction, imposition of fine by the Panchayati Adalat ;
3. (iii) procedure regulating the election of Sarpanch and Chairman of Block Development Council ;
4. (iv) that a contravention of any rule shall be punishable with a fine which may extend to one hundred rupees.

Power to make bye-laws.-Subject to the provisions of this Act and the rules made by the Government, a Halqa Panchayat may make bye-laws to carry out the duties and functions transferred on it and such bye-laws shall be made with the approval of prescribed authority.