The Gram Nyayalayas Act, 2008
Chapter III JURISDICTION, POWERS AND AUTHORITY OF GRAM NYAYALAYA
Chapter III JURISDICTION, POWERS AND AUTHORITY OF GRAM NYAYALAYA
11. Jurisdiction of Gram Nyayalaya.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, the Gram Nyayalaya shall exercise both civil and criminal jurisdiction in the manner and to the extent provided under this Act.
Chapter III JURISDICTION, POWERS AND AUTHORITY OF GRAM NYAYALAYA
12. Criminal jurisdiction.
- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, the Gram Nyayalaya may take cognizance of an offence on a complaint or on a police report and shall—
- (a) try all offences specified in Part I of the First Schedule; and
- (b) try all offences and grant relief, if any, specified under the enactments included in Part II of that Schedule.
- (2) Without prejudice to the provisions of sub-section (1), the Gram Nyayalaya shall also try all such offences or grant such relief under the State Acts which may be notified by the State Government under sub-section (3) of section 14.
Chapter III JURISDICTION, POWERS AND AUTHORITY OF GRAM NYAYALAYA
13. Civil jurisdiction.
- (1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, and subject to sub-section (2), the Gram Nyayalaya shall have jurisdiction to—
- (a) try all suits or proceedings of a civil nature falling under the classes of disputes specified in Part I of the Second Schedule;
- (b) try all classes of claims and disputes which may be notified by the Central Government under sub-section (1) of section 14 and by the State Government under sub-section (3) of the said section.
- (2) The pecuniary limits of the Gram Nyayalaya shall be such as may be specified by the High Court, in consultation with the State Government, by notification, from time to time.
Chapter III JURISDICTION, POWERS AND AUTHORITY OF GRAM NYAYALAYA
14. Power to amend Schedules.
- (1) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, add to or omit any item in Part I or Part II of the First Schedule or Part II of the Second Schedule, as the case may be, and it shall be deemed to have been amended accordingly.
- (2) Every notification issued under sub-section (1) shall be laid before each House of Parliament.
- (3) If the State Government is satisfied that it is necessary or expedient so to do, it may, in consultation with the High Court, by notification, add to any item in Part III of the First Schedule or Part III of the Second Schedule or omit from it any item in respect of which the State Legislature is competent to make laws and thereupon the First Schedule or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly.
- (4) Every notification issued under sub-section (3) shall be laid before the State Legislature.
Chapter III JURISDICTION, POWERS AND AUTHORITY OF GRAM NYAYALAYA
15. Limitation.
- (1) The provisions of the Limitation Act, 1963 (36 of 1963) shall be applicable to the suits triable by the Gram Nyayalaya.
- (2) The provisions of Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974) shall be applicable in respect of the offences triable by the Gram Nyayalaya.
Chapter III JURISDICTION, POWERS AND AUTHORITY OF GRAM NYAYALAYA
16. Transfer of pending proceedings.
- (1) The District Court or the Court of Session, as the case may be, with effect from such date as may be notified by the High Court, may transfer all the civil or criminal cases, pending before the courts subordinate to it, to the Gram Nyayalaya competent to try or dispose of such cases.
- (2) The Gram Nyayalaya may, in its discretion, either retry the cases or proceed from the stage at which it was transferred to it.
Chapter III JURISDICTION, POWERS AND AUTHORITY OF GRAM NYAYALAYA
17. Duties of ministerial officers.
- (1) The State Government shall determine the nature and categories of the officers and other employees required to assist a Gram Nyayalaya in the discharge of its functions and provide the Gram Nyayalaya with such officers and other employees as it may think fit.
- (2) The salaries and allowances payable to, and other conditions of service of, the officers and other employees of the Gram Nyayalaya shall be such as may be prescribed by the State Government.
- (3) The officers and other employees of a Gram Nyayalaya shall perform such duties as may, from time to time, be assigned to them by the Nyayadhikari.
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