PART III

Judicial Department

THE HIGH COURT OF KERALA

NOTIFICATION

No. D7-24242/2009.

5th October 2012.

In exercise of the powers conferred by section 39 of

the Gram Nyayalayas Act, 2008 (Central Act No. 4 of

2009), the High Court of Kerala hereby makes the

following rules :—

CHAPTER-1

PRELIMINARY

Short title and commencement.—(1) These rules

may be called the Kerala Gram Nyayalayas (Procedure and

Practice) Rules, 2012.

(2)

They shall come into force at once.

Definitions:—In these rules, unless the context

otherwise requires:—

(a)

“Act” means the Gram Nyayalayas Act,

2008 (Central Act No. 4 of 2009) ;

(b)

“Code” means the Code of Criminal

Procedure, 1973 or the Code of Civil

Procedure, 1908 as the case may be;

(c)

“Conciliator” means the Conciliator

appointed under section 27 of the Act;

(d)

“Block Panchayath” means a “Block

Panchayath” as defined in section 2 (ii)

of the Kerala Panchayat Raj Act, 1994;

(e)

“Government” means the Government of

Kerala;

(f)

“High Court” means the High Court of

Kerala;

(g)

“Proceedings” shall include pleadings,

petitions, complaints and applications;

(2)

Words and expressions used, but not

defined herein and defined in the Gram

Nyayalayas Act, 2008, the Code of Civil

Procedure, 1908 or the Code of Criminal

Procedure, 1973 shall have the meanings

respectively assigned to them in those Acts.

KERALA GAZETTE

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THIRUVANANTHAPURAM, TUESDAY

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Regn. No. KERBIL/2012/45073

dated 5-9-2012 with RNI

Reg. No. cPn. \º¿

KL/TV(N)/12/12-14

23rd OCT. 2012]

JUDICIAL DEPARTMENT

CHAPTER-II

OFFICE HOURS AND LANGUAGE OF PROCEEDINGS

Office hours of Gram Nyayalaya.—The office of

Gram Nyayalaya shall be open on all working days from

10 a. m. to 5 p. m. or during such other hours as may be

notified by the High Court from time to time.

Sitting hours of Gram Nyayalaya.—The Grama

Nyayalaya shall ordinarily hold sittings from 11 a. m. to

5 p. m. with a lunch break not exceeding one hour

between 12.30 p. m. and 2 p. m.

Language of the proceedings.—All proceedings

before the Gram Nyayalaya shall be in Malayalam.

CHAPTER-III

PROCEDURE IN RESPECT OF CIVIL CASES

Amount of Court fee payable in respect of plaint

or original petition.—(1) A fixed Court Fee of Rupees

seventy five only shall be payable on every plaint or

original petition.

(2)

The fee payable on vakalath and

Interlocutory Application shall be as may be prescribed in

the Kerala Court Fees and Suits Valuation Act, 1959 for

such matters presented in the Munsiff’s Court.

Presentation of proceedings and documents.—

(1) All proceedings, documents and other papers required

to be filed before the Gram Nyayalaya shall be presented

or filed before the Chief Ministerial Officer or any other

officer of the Gram Nyayalaya specifically authorised in

that behalf, by delivery of the same by the party

personally or by his pleader or the registered clerk on any

working day during the office hours before 3 p. m., or if

the Presiding Officer so directs, even after 3 p. m. and

immediately on receipt thereof, the officer shall put his

dated initials thereon and if a proceeding is thereby

instituted, assign a serial number.

(2)

No document or proceedings required to be

presented or filed in the Gram Nyayalaya shall be

received by post, telegram or phonogram:

Provided that in cases where an Official Receiver or

an Officer appointed by any Court does not intend to

defend or contest any proceeding before a Gram

Nyayalaya in which he is impleaded in such capacity as a

party or wishes to bring a formal defect in the proceeding

to the notice of the Gram Nyayalaya, he may inform the

Gram Nyayalaya accordingly by a statement in writing in

the form appropriate to the proceeding, and sent it to the

Gram Nyayalaya by post or through personnal messenger.

Particulars to be contained in the plaint and

Original Petitions.—(1) The plaints and the Original

Petitions shall contain the following particulars, namely:—

(i) the name of the Gram Nyayalaya in which

the suit is filed ;

(ii) the name, description and place of residence

of the plaintiff/petitioner;

(iii) the name, description and place of residence

of the defendant/respondent, so far as they

can be ascertained;

(iv) where the plaintiff or the defendant is a

minor or a person of unsound mind, a

statement to that effect, and, in case of a

minor, a statement regarding his age to the

best of the knowledge and belief of the

person verifying the plaint;

(v) the facts constituting the cause of action

and when it arose;

(vi) the facts to satisfy that the Gram Nyayalaya

has jurisdiction;

(vii) the relief which the plaintiff/petitioner claims;

(viii) where the plaintiff/petitioner has allowed a

set-off or relinquished a portion of his claim,

the amount so allowed or relinquished; and

(ix) a statement of the value of the subject-

matter of the suit for the pruposes of

jurisdiction and of court-fees, so far as the

case admits:

Provided that the Gram Nyayalaya may waive any of

the foregoing stipulations at its discretion.

(2) Where the plaintiff or the defendant is a

minor or a person of unsound mind, the provisions of

Order XXXII of the Code of Civil Procedure, 1908 shall

apply to the extent applicable.

9. Appearance of parties.—A party to a proceeding

before the Gram Nyayalaya may appear in person or

through his pleader duly authorised.

10. Registration of plaint, petitions etc.—The details

of all proceedings shall be registered in Register No. 1

prescribed in Appendix-II of the Kerala Civil Rules of

Practice.

11. Summons to defendants/respondent how

served.—(1)

When a plaint/petition, as the case may be,

has been duly presented, the Gram Nyayalaya shall cause

the same to be registered, and shall, by summons in

writing, require the defendant to appear and answer the

claim on a specified day.

(2) The summons shall be served on the

defendant

personally

registered

post

acknowledgement due.

(3) In case the summons is served on the

defendant personally, his signature shall be taken on the

summons by the person serving the same and a copy

thereof delivered to him; and in the case of postal

service, an acknowledgement purporting to be signed by

the defendant shall be deemed to be proof of service of

such summons.

23rd OCT. 2012]

JUDICIAL DEPARTMENT

12. Mode of service when defendant/respondent

evades service.—If the Gram Nyayalaya is satisfied that

the defendant/respondent is evading service of the

summons, or has refused to affix his signature on the

summons, or for any other sufficient reason the summons

cannot be served in the manner provided for rule 11 of

these Rules, the Gram Nyayalaya may order that it be

served upon, and a copy thereof delivered to, an adult

male member of the family of the defendant/respondent,

residing with him, or that a copy thereof be affixed upon

some conspicuous part of the house in which he

generally resides.

13. Mode of service when defendant/respondent is

beyond the local jurisdiction of Gram Nyayalaya.—When

the defendant/respondent is beyond the local jurisdiction

of Gram Nyayalaya, the summons shall be served through

registered post with acknowledgement due and the return

of the acknowledgement due shall be prima facie

evidence of the facts stated therein.

14. Appearance of parties and consequence of non-

appearance.—In matters of appearance and consequence

of non-appearance of parties, Order IX of the Code of

Civil Procedure, 1908 shall apply.

CHAPTER—IV

REFERENCE TO CONCILIATOR

15. Gram Nyayalaya to attempt amicable settlement

and reference to Conciliator.—(1) The Gram Nyalaya

shall initially endeavour to bring an amicable settlement

between the parties.

(2)

If it appears at any stage of the

proceedings that the parties are likely to settle the matter

amicably, the Gram Nyayalaya may adjourn the hearing to

a later date and refer the matter to a Conciliator or

Conciliators with a direction to submit a report as to the

outcome of the conciliations within fifteen days of such

reference.

(3)

If the parties arrive at a settlement before the

Conciliator relating to the suit, claim or dispute or any

part thereof, such settlement shall be reduced to writing,

signed by both the parties and countersigned by the

Conciliator.

16. Gram Nyayalaya to dispose of proceedings.—

(1) Upon submission of the report by the Conciliator/

Conciliators, the Gram Nyayalaya shall take up the matter

for hearing on a date fixed thereof and shall pronounce

the judgement or order in terms thereof unless it

considers the terms of the settlement are unconscionable

or illegal.

(2)

If, on the date fixed for hearing the parties

or any one of them fail to appear, the Gram Nyayalaya

shall proceed to dispose of the proceedings in one of the

modes prescribed in that behalf under Order IX of the

Code of Civil Procedure, 1908 and pass such order as it

deems fit.

(3)

If the parties do not settle their dispute, or

where the terms of settlement appear to be

unconscionable or illegal, the Gram Nyayalaya shall

proceed to hear and dispose of the matter on merits in

accordance with law.

17. Appointment and qualification of Conciliator.—

(1) Person to be appointed as Conciliator must have a

Master’s Degree in Social Work/Psychology/Sociology

and shall be a person of integrity, aptitude and

experience.

(2)

Conciliator shall be appointed by the

Government from a panel prepared by the District Judge

in accordance with the provision in sub section 2 of

section 27 of the Act and shall be deployed at the

disposal of the Gram Nyayalaya in the district.

18. Withdrawal of proceedings.—The procedure

prescribed under Order XXIII Rule 1 of the Code of Civil

Procedure, 1908 shall apply for the withdrawal of

proceedings.

19. Applicability of Code of Civil Procedure and

Civil Rules of Practice.—The provisions of Code of the

Civil Procedure, 1908 and the Civil Rules of Practice,

Kerala may be followed in respect of civil proceedings to

the extent they are not inconsistent with the provisions

of the Act and these rules.

CHAPTER—V

PROCEDURE IN RESPECT OF CRIMINAL CASES

20. Initiation of Criminal Cases.—(1) Initiation of

criminal cases before the Gram Nyayalayas shall be either

on a police report or on a complaint given orally or in

writing by the complainant.

(2)

If the complaint is given orally, the same

shall be reduced to writing by the Nyayadhikari, read over

to the complainant and signed by the complainant.

21. Procedure for trial.—In trial under this Chapter,

the procedure prescribed under Chapter XXI of the Code

of Criminal Procedure, 1973 shall apply.

22. Record in summary trial:—Every Gram Nyayalaya

shall maintain a Register as in Form No. 18 of Appendix II

of the Criminal Rules of Practice, Kerala with regard to

case tried summarily.

23. Applicability of Code of Criminal Procedure

and Criminal Rules of Practice.—The provisions of the

Code of Criminal Procedure, 1973 and the Criminal Rules

of Practice, Kerala may be followed in respect of criminal

proceedings, to be extent they are not inconsistent with

the Act and these rules.

CHAPTER—VI

MISCELLANEOUS

24. Seal of Gram Nyayalaya.—Every Gram Nyayalaya

shall have a seal containing the name of the Gram

Nyayalaya.

25. Inspection of Gram Nyayalaya.—The Gram

Nyayalayas in a Judicial District shall be inspected by the

District Judge concerned in every six months or by an

officer of the High Court specifically authorised in that

behalf. They shall issue such directions as are necessary

and shall submit a report to the High Court.

23rd OCT. 2012]

JUDICIAL DEPARTMENT

26. Time within which the judgement and final order

are to be delivered.—The judgement and final orders in

civil matters shall be delivered within fifteen days from the

date of final hearing of the matter and in criminal matters

within three days. If the Gram Nyayalaya fails to deliver

its judgement/final order in any matter within the

prescribed time limit, the reasons thereof shall be

recorded. Apart from the instructions given in the Code,

every judgement/final order shall contain,

(a)

the statutory period for appeal, if appeal

lies; and

(b)

the name of the appellate forum.

27. Forms.—The forms prescribed in the Code, the

Kerala Civil Rules of Practice and the Kerala Criminal

Rules of Practice shall mutatis mutandis apply.

By order,

S. JAGADEES

Registrar (Subordinate Judiciary).

Explanatory Note

(This is not a part of the notification, but is intended

to indicate its general purport).

The Gram Nyayalayas Act, 2008 has been enacted

on 7th January 2009. Section 3 of the Act empowers the

State Government to establish by notification one or more

Gram Nyayalayas for every Panchayat at intermediate level

or a group of contiguous Panchayats at intermediate level

in a district or where there is no Panchayat at intermediate

level in any State, for a group of contiguous Gram

Panchayats, after consultation with the Highcourt. Under

Section 39 of the Gram Nyayalaya Act the High Court is

vested with the power to make Rules governing the

procedure and practice in the Gram Nyayalaya. Hence

this notification.

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