Chapter VI Chapter VI

Judicial functions of the Panchayati Adalat

Constitution of Panchayati Adalats.--(1) For the trial of criminal and civil justice there shall be constituted by the Government, by notification in the Government Gazette, a Panchayati Adalat for such number of Panchayats (hereinafter in this Act referred to as 'Panchayat Circle') not being less than five, as the prescribed authority may direct:

Composition of Panchayati Adalats Composition of Panchayati Adalats.--(1) Every Panchayati Adalat shall be composed of a panel of members equal in number to the number of Panchayats for which it is constituted.

1. (2) Subject to the provisions of sub-section (3), every Panchayat shall elect in the prescribed manner one member to the Panchayati Adalat constituted for its Panchayat from amongst its own members: Provided that in respect of a Panchayati Adalat constituted for a smaller number of Panchayats the members thereof shall be elected in such manner as may be prescribed.
2. (3) No person shall be qualified for being elected as, or for continuing to be a member of a Panchayati Adalat--
   • (i) if he is below twenty-five years of age; or
   • (ii) if he is not literate; or
   • (iii) if he is or becomes subject to any of the disqualifications mentioned in section 8; or
   • (iv) if he is a Sarpanch, Naib-Sarpanch or Panch of a Panchayat or the member of any House of the State Legislature or Parliament: Provided that a person holding any of the offices mentioned in clause
   • (iv) shall be eligible for election and for continuing to be member of the Panchayati Adalat if he resigns such office.
3. (4) If, a member of a Panchayati Adalat is, subsequent to his election as such elected to any such office as is referred to in clause
   • (iv) of sub-section (3), he shall forthwith cease to be such member.
4. (5) The provisions of sections 6, 10, 11(1), 12, 23 and 24 shall apply mutatis mutandis to a Panchayati Adalat or its members in the same manner as they apply to a Panchayat or Panches thereof.

Election of Chairman of Panchayati Adalat.--The members of a Panchayati Adalat shall elect, with one month from the date of the administration of oath, 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 in accordance with the provisions of this section the prescribed authority shall nominate one from amongst the members to fill the vacancy till the election of a duly elected Chairman of such Adalat during this period.

Term of office.--The term of office of the Chairman of the Panchayati Adalat shall be the same as that of a Panch.

Formation of benches of Panchayati Adalat.--(1) Subject to the provisions of the rules made under sub-section

1. (2) of this section, the Chairman of a Panchayati Adalat shall, for the hearing and disposal of suits and cases coming up before such Panchayati Adalat under and in pursuance of the provisions of this Chapter, form benches, each bench to consist of any three members whether or not inclusive of the Chairman himself.
2. (2) The formation of benches under sub-section (1), the hearing of proceedings, the place at which the Panchayati Adalat shall sit, the time and mode of the disposal of such business, the matter allowed and other matters which the Government may consider necessary shall be governed by rules made in this behalf by the Government.

Transfer of pending file to Panchayati Adalat.--Any case pending before a Panchayati Adalat on the date on which it is constituted under the Jammu and Kashmir Village Panchayat (Amendment) Act, 1973 shall stand transferred to the Adalat so constituted.

Hearing by members of Panchayati Adalat.--(1) Except as otherwise provided in this Act, the Panchayati Adalat shall hear or dispose of suits and cases in the Panchayat Circle of the Panchayat which is concerned.

1. (2) No member of a Panchayati Adalat who is personally interested in any suit or cases, shall hear or dispose of the same.
2. (3) The trial of a suit or case by a bench of a Panchayati Adalat shall not be invalid by reason merely that some of the members were not present at any hearing thereof.

Staff for Panchayati Adalat.--(1) The Panchayati Adalat may, with the approval of the prescribed authority, employ under prescribed conditions of service such staff as may be necessary.

1. (2) With the like approval and with the consent of the Panchayat concerned, the Chairman of a Panchayati Adalat may direct the Secretary of the Panchayat within the limits of which the Panchayati Adalat or a bench thereof sits, or such other person as may be specified in the direction as Judicial Clerk, for recording the proceedings and decisions and for performing such other duties as may be specified.

Members of Panchayati Adalat to be public servants.--(1) Every member including the Chairman and Judicial Clerk of a Panchayati Adalat shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Code.

1. (2) The provisions of the Judicial Officers Protection Act shall apply to every Panchayati Adalat and to every member thereof while acting judicially.

Maximum penalties.--(1) A Panchayati Adalat shall have jurisdiction to impose a fine not exceeding one hundred rupees.

1. (2) The Panchayati Adalat may, instead of passing sentence, discharge after due admonition any person who, in its opinion, was on the date of the commission of the offence under fifteen years of age.

Compensation to complainant.

Compensation to accused for false or frivolous case.

Power of Government to empower particular Panchayati Adalat to inflict enhanced penalties.

Panchayati Adalat jurisdiction barred in certain cases.

Resjudicata and pending suits and cases.

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

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

Local inquiry and reports.--

1. (1) A Panchayati Adalat may be directed by a Magistrate to make a local inquiry under section 202 of the Code of Criminal Procedure, 1989, in any case in which the offence was committed within the local limits of the jurisdiction of such Panchayati Adalat.
2. (2) Any Magistrate before whom a proceeding under the said Code is pending may require a husband or parent against whom the proceeding is pending, residing, to submit a report as to the amount of maintenance, if any, having regard to the circumstances of the case, which should be payable.

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

Civil Jurisdiction.--The Panchayati Adalat shall have jurisdiction in suits of the nature described in section 86.

Suits cognisable by Panchayati Adalat.--

1. (1) The following shall be cognizable by a Panchayati Adalat, namely:
   • (i) suits for ascertained sums not exceeding two hundred rupees;
   • (ii) suits for damages not exceeding two hundred rupees for breach of contract not affecting immovable property;
   • (iii) suits for compensation for wrongly taking or injuring movable property not exceeding two hundred and fifty rupees;
   • (iv) suits for specific movable property or for the value thereof not exceeding two hundred and fifty rupees: Provided that no Panchayati Adalat shall take cognizance of any suit--
   • (a) by or against a minor or a person of unsound mind;
   • (b) by or against the Chairman or any member of the same Panchayati Adalat or the Sarpanch or any Panch of the Panchayat Circle lying within the same Panchayati Adalat Circle;
   • (c) in respect of any dispute or matter in which a suit or application may be brought or made before a Revenue Officer;
   • (d) in respect of any matter directly and substantially in issue in a previously instituted suit between the same parties or those under whom they claim, which is pending in or has been heard and finally decided by a Court of competent jurisdiction or by a panchayati Adalst; and
   • (e) by or against the Government or a Co-operative Society or any employee of the local authority or an officer or servant of the Government or a member, officer or servant of a local authority in his official capacity.
2. (2) The Government may, by notification in the Government Gazette, confer on any Panchayati Adalat the jurisdiction to hear and dispose of suits of the nature specified in sub-section
3. (1) of which the amount or value does not exceed five hundred rupees.

Death of Parties.--When any party to suit dies before a decree has been passed, the suit shall abate, if not restored within one month on the application of the representative of a deceased plaintiff or in the case of death of a defendant, if the representative of the deceased defendant is not brought on record within one month from the date of the death but a fresh suit may be brought on the same cause of action and the pesod during which the suit was pending shall be excluded in computing the period of limitation provided under section 95 for the fresh suit.

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.

1. (2) If a plaintiff omits to sue in respect of or intentionally relinquishes any portion of his claim he shall be debarred from bringing any separate action whether before a Panchayati Adalat or a Court of competent jurisdiction in respect of the portion so omitted or relinquished.

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

Interest and instalments.--

1. (1) In suits for money, the Panchayati Adalat may, in its discretion, decree interest on the sum decreed at a rate not exceeding ten per cent per annum from the date of suit till the date of the payment.
2. (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. (1) A decree or order passed by a Panchayati Adalat shall be executed by it in such manner as may be prescribed.
2. (2) If a Panchayati Adalat fails to execute any decree or order, it may forward the same in the case of a decree to the Munsiff having jurisdiction, and where there is no Munsiff, to the Sub-Judge or Magistrate having jurisdiction, who shall execute the decree or order as if it were a decree or order passed by himself.