(

-462

462

462)

No. 2P/V6-86/2006 - 4

with Section - 94(2) of the Bih

of Bihar makes the following Ru

BIHAR G

(EMPLOYMENT, SE

Short title, extent and com

(i) These rules may be ca

conditions and Duties

(ii) These shall extend to

(iii) These shall come into

Definitions.— In these Ru

(a) “Act” means the Bih

(b) "Government" mea

(d) "Commissioner" m

(e) "Gram Katchahry"

Section-90 of the Bih

(f)

"Sarpanch" means

the Bihar Panchayat

(g) "Panch of the Gram

(h) "Sub-Divisional M

State Government an

appoint under the A

Magistrate;

ू

2 !"

!" 1930

1930

1930 (0)

, '

(

, 24

24 )

)

2008

ANCHAYATI RAJ DEPARTMENT

———

NOTIFICATION

8th August 2008

4063—In exercise of the powers conferred by Sec

har Panchayat Raj Act, 2006 (Bihar Act 6 of 2006),

ules :

GRAM KATCHAHRY NYAYA MITRA

ERVICE CONDITIONS AND DUTIES) RULES,

mmencement :-

alled Bihar Gram Katchahry Nyaya Mitra (Employ

s) Rules, 2007

the whole of the state of Bihar.

o force from the date of their publication in the offici

ules, unless otherwise required in the context :–

har Panchayat Raj Act, 2006 (Bihar Act 6, 2006);

ans the State Government of Bihar;

Collector of the district;

means Commissioner of the division;

" means the Gram Katchahry constituted under Sub-

har Panchayat Raj Act, 2006;

elected Sarpanch of the Gram Katchahry under Se

Raj Act, 2006;

m Katchahry" means the elected Panch of a Gram K

agistrate" means a Sub-Divisional Magistrate app

nd includes such officer as the State Government m

Act to discharge all or any of the functions of the (

+0 ,0-40

ction-146 read

, the Governor

2007

yment, Service

ial Gazette.

-Section (1) of

ection-93(1) of

Katchahry;

pointed by the

may especially

(subdivisional)

( ), 24 ) 2008

(i)

"Block Development Officer" means an officer appointed as such by the State

Government;

(j)

"Gram Panchayat Supervisor" means block level Panchayat Officer or block

Panchayat Raj Officer especially appointed by the State Government for the purpose

of supervision and inspection of books of account of Gram Panchayats of the State and

Gram Katchahries under their purview or their benches;

(k) "Suit" means suit triable by the bench of Gram Katchahry;

(l)

All the words and terms used but not defined in these Rules shall have the same

meaning as has been assigned to them in the Act.

Employment of Nyaya Mitra, Gram Katchahry.—One Nyaya Mitra may be appointed on

contract basis to assist each Gram Katchahry or its bench in the district.

Reservation :-

(a) Roster will be prepared at the district level in the light of letter no. 458 dated

30.09.2002 of the Personnel and Administrative Reforms Department.

(b) As far as may be (50) fifty per cent female candidates will be employed in each

category.

candidates of the same category.

(d) For grouping of posts action will be taken under resolution No.-2803 dated 03.10.2006

of the personnel and Administrative Reforms Department.

(e) In this appointment reservation will be given to handicapped persons under resolution

No.62 dated 05.01.2007 of the Personnel and Administrative Reforms Department.

Note :- In case of selection of any person on merit he/she will not be debarred from employment

by reason of being handicapped.

For appointment :-

(a) Qualification :-

(i) He/she must be a citizen of India and resident of the concerned district of the

State of Bihar;

(ii) At least a law graduate from any recognized institute or university shall be

eligible for appointment on the post of Nyaya Mitra of Gram Katchahry.

(b) Age :-Minimum age of the candidate shall be 25 years and maximum age will be 65

years on 1st January of the year in which appointment is being made.

Procedure for employment :-

(1) A Nyaya Mitra may be appointed on contract basis to assist each Gram Katchahry or

its bench in the district.

(2) On the basis of roster prepared on district level details of vacancies of Nyaya Mitra

(as per reservation), conditions of appointment and qualifications for it shall be

displayed on the notice board of the offices of District Board, Panchayat Samiti,

Gram Panchayat and Gram Katchahry concerned.

(3) Application in prescribed form (Schedule-1) shall be received in the office of the

Block Development Officer concerned. The Block Development Officer will

nominate Gram Panchayat Supervisor or in his/her absence any other block level

supervisor as Nodal Officer for this purpose who will receive applications and give

receipt to the applicants and maintain them in the register Katchhariwise.

(4) The panel for employment of Nyaya Mitra, Gram Katchahry will be prepared by the

Secretary of Gram Katchahry on marks basis.

(5) Marks obtained by law graduates will be the basis for determination of merit.

(6) Panel prepared for employment of Nyaya Mitra, Gram Katchahry will be approved

by the Committee consisting of the following :-

(a)

Sarpanch of Gram Katchahry

Chairman

(b)

All other Panch of Gram Katchahry -

Member

(c)

Secretary of Gram Katchahry

Member Secretary

(7) The Block Development Officer shall depute nominated Nodal Officer to participate

in the meeting of the Committee as "Facilitator".

, ( ) 24 ) 2008

(8) The proceeding of the meeting of the committee must be sent to the District

Panchayat Raj Officer and Block Development Officer.

(9) After the approval of the committee the said panel will be displayed within one

month from the last date of receipt of the application on the notice board of the

offices of the District Magistrate, District Board, Panchayat Samiti, Gram Panchayat

and Gram Katchahry concerned. For raising any objection to the panel a period of

fifteen days will be allowed.

(10) Any objection to the panel will be filed to the office of the Block Development

Officer concerned within fifteen (15) days from the date of its publication.

(11) The objector will be given acknowledgement receipt for the objection received.

(12) The objection will be met by the Block Development Officer concerned within

seven (7) days from the last date of its receipt and Gram Katchahry will be intimated

thereafter which will amend the panel as per need and republish it as per subrule (9)

as usual.

(13) The panel finally published will be valid for the entire tenure of Gram Katchahry.

(14) First of all the vacancy of the Gram Katchahry concerned will be filled from the

Gram Katchhariwise merit list.

(15) The date of counselling will be published on the Notice Board of the offices of the

District Magistrate, District Board, Panchayat Samiti, Gram Panchayat and Gram

Katchahry concerned. The candidates will be given receipt of their presence in the

counselling.

(16) The letter (Schedule-II) for employment on contract basis to the candidates selected

by the Samiti for Gram Katchahry will be sent by the Secretary of the Gram

Katchahry after verification of the certificates. Joining will be accepted on the basis

of consent letter (Schedule-III).

(17) After filling the vacancy of the Gram Katchahry concerned from its merit list, the

panel prepared, Gram Katchahrywise will be preserved, so that in case any vacancy

occurs in future it may be filled from the merit list of the Gram Katchahry

concerned in descending order on the basis of counselling by the Samiti mentioned

above.

Verification of Certificates .— The Executive Officer of the Panchayat Samiti or Nodal

Officer nominated by him will be empowered to make necessary verification of certificates

of qualification. In case any certificate is found to be forged or false the appointment will

be cancelled and other legal actions will be taken.

Other Conditions of Service :-

(1) Nyaya Mitra will be employed on fixed amount (contract amount) and they will be

paid Rs. 2500/- (Two thousand and five hundred only) a month.

(2) The contract of the candidates employed to the post of Nyaya Mitra on contract

basis will terminate autometically with the completion of the tenure of the Gram

Katchahry.

(3) The appointment will be made on contract basis and it may be cancelled at any time

with one month's prior notice, if the service is found to be un-satisfactory in the light

of reasons mentioned in Rule-11.

(4) In case of non-availability of the suitable condidates the vacancy of Nyaya Mitra, in

a particular Gram Katchahry will be filled by giving additional charge to the Nyaya

Mitra of contiguous Gram Katchahry by the Block - Development Officer

concerned. For this additional charge 20% of the contract amount shall be payable

as deputation allowance.

(5) The selected candidate shall have to execute an agreement in prescribed form before

employment.

Payment of contract amount .—The payment of the contract amount will be made with the

joint signature of Sarpanch/Up-Sarpanch on the basis of the absentee report/statement;

( ), 24 ) 2008

Provided that, if the post of Sarpanch or Up-Sarpanch in Gram Katchahry falls vacant

the payment of the contract amount will be made by the joint signature of the

panch elected by the majority of the panch and either sarpanch or up-sarpanch.

10. Functions to be performed by Nyaya Mitra .— Nyaya Mitra appointed under section - 94(2)

of the Act :-

(1) Nyaya Mitra shall give information regarding each legal aspect to sarpanch, up-

sarpanch and panch in discharge of their legal duties.

(2) He shall give legal advice to sarpanch/panch in determining whether the case

produced before Gram Katchahry comes within its jurisdiction under seetions 106,

110, 111, & 113 of the Act, as the case may be and any suit filed before it is triable

or not or whether it is cognizable or not by any Bench of Gram Katchahry.

(3) Nyaya Mitra shall give assistance to sarpanch in writing all order sheets dictated /

ordered by him on the dates fixed for hearing of suits produced before the bench/full

Bench of Gram Katchahry.

(4) Nyaya Mitra shall give legal advice to Sarpanch & Panches concerned on legal

points during hearing of any suit by the Bench/full Bench.

(5) Nyaya Mitra shall render all such assistance and services in constituting Gram

Katchahry and its Benches and in exercising their powers and duty timely,

reasonably & justifiably in discharging their function & subject to the proviso

mentioned in chapter - VI of the Act as required & prescribed by Sarpanch or

Bench/full Bench.

(6) Other responsibilities assigned to him by the Government from time to time

regarding the conduct of business of Gram Katchahry.

11. Disciplinary action.—Sarpanch or in his absence Up-Sarpanch of Gram Katchahry shall

take disciplinary action against Nyaya Mitra, in case he absents himself from Gram

Katchahry, does not report his presence on time and show negligence to his duties, indulges

in corrupt practices and is found to be in mental disability. Final decision in regard to

disciplinary action shall be taken by the committee under para 6(6) of these Rules. In the

light of the decisions taken by the aforesaid committee appropriate action shall be taken by

the Secretary of Gram Katchahry concerned.

12. Complaint.— Any complaint regarding employment of Nyaya Mitra of Gram Katchahry on

contract basis may be filed before the concerned Sub-divisional Magistrate within 30

(thirty) days of such employment under these Rules. Sub-divisional Magistrate shall be

competent to take decision on the complaint received. Sub-divisional Magistrate concerned

shall give his decision on the complaint received not later than 30days.

13. Appeal .—Any appeal against the decision of Sub-divisional Magistrate may be filed before

the District Magistrate concerned within thirty days from taking such decision, hearing of

which shall be made by District Magistrate or an officer equivalent to the rank of

Additional District Magistrate authorised by him. Order shall be passed after the hearing is

completed.

14. Miscellaneous.—The State Government may explain any of the provisions of the Rules by

notification / instruction and may remove difficulties in its implementation.

By order of the Governor,

Sd/-Illegible,

Principal Secretary to the Government.

, ( ) 24 ) 2008

Schedule-I

Proforma for Application

Application form for the employment on the post of Nyaya Mitra in Gram Katchahry

Tick mark () which ever is applicable

Name of Block of employment and

Gram Katchahry :-

Name of the candidate :-

(a)

Fathers/Husband's Name :-

(b)

Mother's Name :-

Date of Birth :-

Sex :- Male Female

Age on the date of application Year Month Day

Permanent Address :- Village/Town/Mohalla/Road

------------------------------------------------------------------------------------------------------------------------

Police Station ..................................... District ............................ Pin Code ..........................

Address of correspondence :- Village/Mohalla / Road/ Town

------------------------------------------------------------------------------------------------------------------------

Police Station ..................................... District ............................ Pin Code ..........................

Caste :-

General Reserved

10.

Category of Reservation :- SC ST EBC BC

11.

If handicapped :-Visually impaired Audibly handicapped Orthopaedically

handicapped

12.

Qualification :-

Educational

Name of the

School/College

Name of the

Board/Council/

University

Year of

Passing

Total

Marks

Percentage

of Marks

Law

Graduate

Certified that all the information given is correct. If any information is found to be

incorrect, my candidature will be cancelled and necessary legal action may be taken.

Place..................

Date ..................

Signature of the Candidate

--------------------------------------------------------------------------------------------------------------------------------

Receipt

Received the application in prescribed form for the employment on the post of Nyaya

Mitra in Gram Katchahry from Shri/Miss/Shrimati ............................................................ ....

receipt number of which is ........

Dated ...........................

Full name & Signature of

Receiving Authority (with seal)

Self attested

passport size

photo

( ), 24 ) 2008

Necessary Instructions

Application form must be sent to the office of Block Development Officer either direct or

through Registered post.

Two self addressed and stamped envelopes of 10" × 6" size must be attached to the

application.

Attested photo copies of educational certificate / marks sheet / caste certificate must be

attached to the application form.

Selected candidates shall have to appear on fixed date, time & place alongwith their all

original certificates/marks sheet/caste certificate and photo copies thereof.

Residential certificate must be submitted as required before employment.

Necessary enquiry will be made on the basis of photo copies and in case of any false

information, employment will be cancelled & he may be liable to legal action.

No travelling allowance will be admissible for counselling / joining.

Note :-

S.C.

–

Schedule Castes

S.T.

–

Schedule Tribes

E.B.C.

–

Extremely Backward Classes

B.C.

–

Backward Classes.

Schedule - II

Employment letter for the employment of Nyaya Mitra in Bihar Gram Katchahry

To,

Shri / Miss / Shrimati ..................................................

....................................................................................

I am pleased to inform you that you have been selected for the employment on the post

of ......................................... in ................................... Gram Katchahry under the Block

............. your employment will be as per Bihar Gram Katchahry Nyaya Mitra (Employment,

Service condition & Duties) Rules, 2007. If you accept your employment, please mention

your acceptance in following form and submit it in the office of the undersigned and join

the post in the above Gram Katchahry within ten days.

Date .....................

Place ....................

Signature of the authorised person

Full Name, Office & Seal

---------------------------------------------------------------------------------------------------------------------

Schedule - III

Consent Letter

.....................................S/O..........................................

M/O......................................

Address......................................................... give my consent to work as Nyaya Mitra under the

conditions mentioned in Bihar Gram Katchahry Nyaya Mitra (employment, service conditions

and duties) Rules, 2007.

Date .....................

Place ....................

Signature

Full name .........................

Address .........................

————

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