Section 1 Short title, extent and commencement.
(1) This Act may be called the Gram Nyayalayas Act,2008.
(2) It extends to the whole of India 1***, the State of Nagaland, the State of Arunachal Pradesh, theState of Sikkim and to the tribal areas.
Explanation.-- In this sub-section, the expression "tribal areas" means the areas specified in Parts I,II, IIA and III of the Table below paragraph 20 of the Sixth Schedule to the Constitution within the Stateof Assam, the State of Meghalaya, the State of Tripura and the State of Mizoram, respectively.
(3) It shall come into force on such date2 as the Central Government may, by notification published inthe Official Gazette, appoint; and different dates may be appointed for different States.
Section 2 Definitions.
In this Act, unless the context otherwise requires,--
(a) "Gram Nyayalaya" means a court established under sub-section (1) of section 3;
(b) "Gram Panchayat" means an institution (by whatever name called) of self-governmentconstituted, at the village level, under article 243B of the Constitution, for the rural areas;
(c) "High Court" means,--
(i) in relation to any State, the High Court for that State;
(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State hasbeen extended by law, that High Court;
(iii) in relation to any other Union territory, the highest Court of criminal appeal for thatterritory other than the Supreme Court of India;
(d) "notification" means a notification published in the Official Gazette and the expression"notified" shall be construed accordingly;
(e) "Nyayadhikari" means the presiding officer of a Gram Nyayalaya appointed under section 5;
(f) "Panchayat at intermediate level" means an institution (by whatever name called) of selfgovernment constituted, at the intermediate level, under article 243B of the Constitution, for the ruralareas in accordance with the provisions of Part IX of the Constitution;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "Schedule" means the Schedule appended to this Act;
(i) "State Government", in relation to a Union territory, means the administrator thereof appointedunder article 239 of the Constitution;
(j) words and expressions used herein and not defined but defined in the Code of Civil Procedure,1908 (5 of 1908) or the Code of Criminal Procedure, 1973 (2 of 1974) shall have the meaningsrespectively assigned to them in those Codes.
Section 3 Establishment of Gram Nyayalayas.
(1) For the purpose of exercising the jurisdiction andpowers conferred on a Gram Nyayalaya by this Act, the State Government, after consultation with theHigh Court, may, by notification, establish one or more Gram Nyayalayas for every Panchayat atintermediate level or a group of contiguous Panchayats at intermediate level in a district or where there isno Panchayat at intermediate level in any State, for a group of contiguous Gram Panchayats.
(2) The State Government shall, after consultation with the High Court, specify, by notification, thelocal limits of the area to which the jurisdiction of a Gram Nyayalaya shall extend and may, at any time,increase, reduce or alter such limits.
(3) The Gram Nyayalayas established under sub-section (1) shall be in addition to the courtsestablished under any other law for the time being in force.
Section 4 Headquarters of Gram Nyayalayas.
The headquarters of every Gram Nyayalaya shall belocated at the headquarters of the intermediate Panchayat in which the Gram Nyayalaya is established orsuch other place as may be notified by the State Government.
Section 5 Appointment of Nyayadhikari.
The State Government shall, in consultation with the HighCourt, appoint a Nyayadhikari for every Gram Nyayalaya.
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