1.    Clause 5 (1):-  Every Gram Nyayalaya established under sub-section (1) of section 3 shall be Presided over by a Nyayadhikari.

·        The person, who has been selected to be appointed as a Nyayadhikari should not be appointed in his own village. The chances of being biased and prejudiced decisions are to be avoided. The appointment shall be purely on merits. It shall not be a political appointment.

·        To assist the Nyayadhikari there may be field officers who will receive complaints from villagers at various places. Such officers will scrutinize the petitions, advise the petitioners for corrections if required, and ensure all reliable documents to be considered by the Nyayadhikari. This will help Nyayadhikari to dispose petitions faster and effectively.

·        The Nyayalaya can arrange for Camp sittings like family courts.

2.  Clause 8(1):-  A Nyayadhikari may be removed from his/her  office on the ground of incompetence, gross negligence, corruption, malfeasance or conduct unbecoming of a Nyayadhikari.

Clause 8( 2): - “Any person who has been removed from the office of Nyayadhikari shall be ineligible for appointment under the Government”.

Incompetence may be a ground for removal from office of Nyayadhikari. However, incompetence is not a crime. Hence a Nyayadhikari who has been removed on the basis of incompetence shall not be barred from other appointments in Government. His merits are to be acknowledged.

3.  Clause 14 (1) :- Not withstanding anything contained in the Code of Criminal Procedure, 1973 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

There shall be provisions for suo-moto cases when the Nyayadhikari has reasons to believe that his/her intervention is required for the interest of justice. This is more relevant where the victims/aggrieved person is a woman, child, person of disability or from vulnerable communities.

4.  Clause 15(2) The Gram Nyayalaya shall be then lowest court of competent jurisdiction to hear and dispose of suits of a civil nature falling under the classes of disputes specified in the Second Schedule.

THE SECOND SCHEDULE[See sections 15 (2) and 16]

PART I

SUITS OF A CIVIL NATURE WITHIN THE JURISDICTION OF GRAM NYAYALAYAS

(i) Civil Disputes:

(a) Right to purchase of property;

(b) Use of common pasture;

(c) Regulation and timing of taking water from irrigation channel.

(ii) Property Disputes:

(a) Village and farm houses (Possession);

(b) Water channels;

(c) Right to draw water from a well or tube well.

(iii) Other Disputes:

(a) Claims under the Minimum Wages Act, 1948 (9 of 1948);

(b) Claims under the Payment of Wages Act, 1936 (4 of 1936);

(c) Money suits either arising from trade transaction or money lending;

(d) Disputes arising out of the partnership in cultivation of land;

(e) Disputes as to the use of forest produce by inhabitants of Gram Panchayats.

The pecuniary jurisdiction on Nyayalaya has to be specified. It may be Rs 25000/-

The second schedule should include:-

·        Partition and boundary disputes

·        Public nuisance( Cr.P.C sec 133)

·        Provision should be given for spot investigation and field visits in relevant matters by the Nyayadhikari.

·        One of the primary objective of Nyayalayas must be care and protection of the aged, sick, mentally and physically distressed, physically and genetically challenged, poor and marginalized communities. Nyayadhikari must have discretionary powers to reach justice and social security to such groups.

·        Even anonymous letters or persons who do not want to reveal identity for obvious reasons shall be given heed.

·        Environmental and public health issues shall also  be within its jurisdiction.

·        Under Sec. 125, all execution petitions and petitions for maintenance for parents may be given to Nyayalayas.

5.  Clause 18(a) speaks of impunity.

If there is a prima facie case or reasons to believe that an offence has been committed by a person, notwithstanding his/her status or rank in government, the Nyayadhikari should have powers to proceed with investigations as required in law.

6.  Clause 28. The Grama Nyayalaya shall not take  …..

The second part of the section – beginning from “or if the accused has been ….. may be deleted.

7. Clause 30

Time limit (90) days has to be imposed.

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8.   Clause 31(1) says For the purposes of section 30, the District Judge shall, in consultation with the District Magistrate, prepare a panel consisting of the names of social workers at the village level having integrity for appointment as Conciliators who posses such qualifications and experience as may be prescribed by the High Court.

The conciliators may be appointed on permanent  basis. He/she shall be experienced, qualified and must have a humane approach, sensitive to human problems. 

9. Clause 37 says The proceedings before the Gram Nyayalaya and its judgment shall, as far as practicable, be in one of the official languages of the State other than the English language.

The transactions in the Nyayalayas shall for purposes be in vernacular language (local language).