16. Procedure to be followed by a Gram Sabha Adalat.
(a)In respect of institution, trial and disposal of criminal cases-(1)Lodging of complaints.-A case before a Gram Sabha Adalat may be instituted by a complaint made orally or in writing to the Chairman or in his absence to any member of a Gram Sabha Adalat authorised by him on payment of a fee as prescribed in Rule 17. If the complaint is made orally, the Chairman or the member so authorised shall record the same and the name and address of the complainant and of the accused person or persons and shall direct the complainant to appear before it on a day fixed.(2)Dismissal of frivolous, vexatious or false cases.-If on consideration of the complaint, or an examination of the complainant, a Gram Sabha Adalat is of opinion that the allegations are frivolous or vexatious or false, it shall dismiss the case by an order in writing.(3)Dismissal of a case for default.-If a complainant without showing sufficient cause fails to appear before a Gram Sabha Adalat on the day fixed, or if its opinion he shows negligence in prosecution of his case, it may dismiss the case for default and discharge the accused person(s) by an order in writing.(4)Appearance of accused.-(i) If the complaint be not dismissed, a Gram Sabha Adalat shall, by summoning or otherwise, require an accused to appear and answer the petition.(ii)If the accused fails to appear or cannot be found, a Gram Sabha Adalat shall request the nearest Magistrate who may issue a warrant for the arrest of the accused and when arrested may forward him for trial to it or release him on bail to appear before it.(iii)Gram Sabha Adalat shall release an accused brought before it under sub-Rule (4) (ii) on his executing a bond for a sum not exceeding one hundred rupees to appear before it whenever called for the pending case.(iv)A Gram Sabha Adalat may not compel a woman to appear in person against her will as witness, but she may be examined on commission.(5)Trial and finding of the Gram Sabha Adalat.-(i) The Gram Sabha Adalat after hearing both the parties and their witnesses, if any, shall give its findings in writing.(ii)The Gram Sabha Adalat is not required to follow the provisions of the Code of Criminal Procedure (Act 5 of 1898) or the Indian Evidence Act, 1872 but the deposition of the parties or of their witnesses, if any, shall be recorded and filed with the case records.(iii)If the Chairman of the Gram Sabha Adalat is not sitting, the presiding member shall be chosen by lot.(iv)No decision in any case shall be arrived at by a Gram Sabha Adalat if at least 3 of its members are not present at all sittings.(v)If the members of a Gram Sabha Adalat are not unanimous, the majority decision shall prevail. In the event of equality of votes, the record shall be forwarded to the District Magistrate or Sub-divisional Magistrate, as the case may be, or decision.(6)Compensation to the complainant.-The Gram Sabha Adalat may award any compensation to the complainant out of the fine imposed on the accused.(7)Compensation to the accused.-If any Gram Sabha Adalat, after enquiry, is satisfied that a criminal case brought before it, is false or frivolous or vexations, such Adalat may order the complainant to pay to the accused such compensation not exceeding rupees twenty-five as it deems fit.(b)In respect of institution, trial and disposal of civil cases, the procedure to be followed by a Gram Sabha Adalal shall be as follows :(1)Every civil suit shall be filed before the Gram Sabha Adalat in the form of a plaint and accompanied by an agreement signed by the plaintiff and the defendants agreeing to refer the dispute to the Adalat for decision.(2)On the plaint having been duly filed, the Gram Sabha Adalat shall serve a notice on the defendant to file written statement, on the receipt of which issues shall be framed in the presence of both the parlies. The parties shall thereafter be required to file documents and adduce evidence in support of their respective claims which shall be recorded by the Adalat. Thereafter the Adalat shall pronounce judgement in the open Court after giving the parties a reasonable opportunity of being heard.(3)The Gram Sabha Adalat shall ascertain the merits of every suit or proceeding by every lawful means in its power and thereafter shall, by written order, pass such decree as may deem just, equitable and according to good conscience, stating in the decree the amount payable as fees and costs and the person by whom such amounts are payable.(4)The Gram Sabha Adalat may direct in writing in the decree that the payment of a sum of money or the deliver of any moveable property may be made by instalments.(5)Issue, service and execution of summons and other processes and notices.-(i) Every summons, notice or any other process issued by a Gram Sabha Adalat under the Act shall be in writing in duplicate signed and sealed by the Chairman of the Adalat;(ii)such process shall be served by an employee of the Gram Sabha Adalat on the person if practicable personally by delivering or tendering him one of the duplicates of the process;(iii)every person on whom process is so served be required by the serving officer to sign a receipt on the back of the other duplicate;(iv)when the person against whom the process has been issued cannot, by the exercise of due diligence, be found, it may be served by leaving one of the duplicates with some adult male member of his family ;(v)if the service in any of the ways above cannot be effected by exercise of due diligence, the serving officer shall affix one of the duplicates of the process to some conspicuous part of the house or homestead in which the persons concerned ordinarily resides and thereafter the process shall be deemed to have been duly served.
