MINISTER OF LAW & JUSTICE (Dr. M. VEERAPPA MOILY)
(a) to (g): A Statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO PARTS fa) TO (q) OF LOK SABHA STARRED QUESTION
NO. 423 FOR 9TH DECEMBER, 2010 REGARDING GRAM NYAYALAYAS
(a) and (b): Establishment of subordinate courts in the country is the
responsibility of the State Governments in consultation with the respective
High Courts, However, the Government has accepted the recommendations of the
Thirteenth Finance Commission which includes, inter-alia, a provision of
Rs. 2,500 crore for increasing number of court working hours by holding morning/
evening / shift courts. The grant shall be provided to States over the period
2010-15 for the purpose.
The Gram Nyayalayas Act, 2008 has been enacted by Central Government to
provide for the establishment of Gram Nyayalayas at the grass-root level for the
purpose of providing access to justice to the citizens at their door steps and
to ensure that opportunities for securing justice are not denied to any citizen.
The Act has come into force on 2nd October, 2009 and enables the State Governments
to establish Gram Nyayalayas at Intermediate Panchayat levels as per Section 3(1)
of the Gram Nyayalayas Act, 2008.
(c): As per the information received from the State Governments, 144 Gram
Nyayalayas have been notified so far. State-wise details are given below:
State Notified Opera tionalized
Madhya Pradesh 89 40
Rajasthan 45 0
Orissa 1 1
Maharashtra 9 6
Total 144 47
(d): It was originally envisaged that around 5067 Gram Nyayalayas would be set
up in the country. While most of the States to which the Gram Nyayalayas Act, 2008
extends have supported the setting up of Gram Nyayalayas and some States like Madhya
Pradesh, Rajasthan, Orissa and Maharashtra have already notified and operationalised
Gram Nyayalayas, some States have, however, requested for higher central financial
assistance. A few States have, for different reasons, not felt the need to set
up Gram Nyayalayas.
(e): In terms of Section 3 of the Gram Nyayalayas Act, it is for the State
Governments to establish Gram Nyayalayas after consultation with the
respective High Court. To facilitate the States to set up Gram Nyayalayas,
the Government provides assistance to the States towards
(i) establishing
the Gram Nyayalayas @ ¥ 18.00 lakh per Gram Nyayaiaya and
(ii) meeting
recurring costs involved in operating these Gram Nyayalayas @ Rs. 3.20 lakh
per annum per Gram Nyayaiaya for the first three years.
(f) & (g): In terms of section 16 (1) of the Gram Nyayalayas Act, 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
Nyayaiaya competent to try or dispose of such cases.