DEHI ADALATS ACT, 2013 1
THE JAMMU AND KASHMIR DEHI ADALATS ACT,
2013.
(Act No. XV of 2013)
[Received the assent of the Governor on 24th October, 2013 and published in the Government Gazette dated 24th October, 2013.] An Act to provide for the establishment of Dehi Adalats at the grass- roots level for the purposes of providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities and for matters connected therewith or incidental thereto. Be it enacted by State Legislature in the Sixty-fourth Year of the Republic of India as follows :—
CHAPTER I
Preliminary
1. Short title and commencement.—(1) This Act may be called the Jammu and Kashmir Dehi Adalats Act, 2013.
(2) It shall come into force on such date as the Government may, by notification published in the Government Gazette, appoint, and different dates may be appointed for different sections of the Act.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) "Act" means the Jammu and Kashmir Dehi Adalats Act, 2013 ;
(b) "Dehi Adalat" means a Court established under sub-section (1) of section 3 ;
(c) "Panchayat" means an institution (by whatever name called) of self-government constituted under the Jammu and Kashmir Panchayati Raj Act, 1989 ;
(d) "High Court" means the High of Jammu and Kashmir ;
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(e) "notification" means a notification published in the Government Gazette and the expression "notified" shall be construed accordingly ;
(f) "Aadil" means the Presiding Officer of a Dehi Adalat appointed under section 5 ;
(g) "prescribed" means prescribed by rules made under this Act ;
(h) "Schedule" means the Schedule appended to the Act ;
(i) "Government" means Government of Jammu and Kashmir ;
(j) words and expressions used herein and not defined but defined in the Code of Civil Procedure, Samvat 1977 or the Code of Criminal Procedure, Samvat 1989 shall have the meanings respectively assigned to them in those Codes.
CHAPTER II
Dehi Adalats
3. Establishment of Dehi Adalats.—(1) For the purpose of exercising the jurisdiction and powers conferred on a Dehi Adalats by the Act, the Government, after consultation with the High Court, may, by notification, establish one or more Dehi Adalat for a Block or a Group of Contiguous Blocks :
Provided that till the Dehi Adalats are established for any area, the existing Court of Judicial Magistrate of the First Class for the area shall continue to exercise powers and jurisdiction of a Dehi Adalat under the Act.
(2) The Government shall, after consultation with the High Court, specify, by notification, the local limits of the area to which the jurisdiction of a Dehi Adalat shall extend and may, at any time, increase, reduce or alter such limits.
(3) The Dehi Adalats established under sub-section (1) shall be in addition to the Courts established under any other law for the time being in force.
(4) The High Court may confer upon a Dehi Adalat, the powers and
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functions of a Judicial Magistrate of the First Class under any law for the time being in force.
4. Headquarter of Dehi Adalats.—The headquarters of every Dehi Adalat shall be located at the headquarters of the Block in which the Dehi Adalats is established or such other place as may be notified by the Government in consultation with the High Court :
Provided that the Dehi Adalats shall initially be established at Block Headquarters in such Blocks in which no Court exists.
5. Appointment of Aadil.—The Government shall, in consultation with the High Court, appoint an Aadil for every Dehi Adalat.
6. Qualifications for appointment of Aadil.—(1) A person shall not be qualified to be appointed as a Aadil unless he is eligible to be appointed as a Judicial Magistrate of the First Class.
(2) While appointing a Aadil, representation shall be given to the members of the Scheduled Castes, the Scheduled Tribes, women and socially and educationally backward classes as notified, by the Government from time to time.
7. Salary, allowances and other terms and conditions of service of Aadil.—The salary and other allowances payable to, and the other terms and conditions of service of, an Aadil shall be same as are applicable to the Judicial Magistrate of the First Class.
8. Aadil not to preside over proceedings in which he is interested.— The Aadil shall not preside over the proceedings of a Dehi Adalat in which he has any interest or is otherwise involved in the subject matter of the dispute or is related to any party to such proceedings and in such a case, the Aadil shall refer the matter to the District Court or the Court of Sessions, as the case may be, for transferring it to any other Aadil or Judicial Magistrate.
9. Aadil to hold Mobile Courts and conduct proceedings in villages.—
(1) The Aadil shall periodically visit the villages falling under his jurisdiction and conduct trial or proceedings at any place which he considers is in close proximity to the place where the parties ordinarily reside or where the whole or part of the cause of action had arisen :
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Provided that where the Dehi Adalat decides to hold Mobile Court outside its headquarters, it shall give wide publicity as to the date and place where it proposes to hold Mobile Court.
(2) The Government shall extend all facilities to the Dehi Adalat for holding Mobile Court by the Aadil while conducting trial or proceedings outside its headquarters.
10. Seal of Dehi Adalat.—Every Dehi Adalat established under this Act shall use a seal of the court in such form and dimensions as may be prescribed by the High Court with the approval of the Government.
CHAPTER III
Jurisdiction, Powers and Authority of Dehi Adalat
11. Jurisdiction of Dehi Adalat.—Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989 or the Code of Civil Procedure, Samvat 1977 or any other law for the time being in force, the Dehi Adalat shall exercise both civil and criminal jurisdiction in the manner and to the extent provided under the Act.
12. Criminal jurisdiction.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989 or any other law for the time being in force, the Dehi Adalat may take cognizance of an offence on a complaint or on a police report and shall—
(a) try all offences specified in Part-I of the First Schedule ; and
(b) try all offences and grant relief, if any, specified under the enactments included in Part-II of that Schedule.
(2) Without prejudice to the provisions of sub-section (1), the Dehi Adalat shall also try all such offences which the Government may notify from time to time under section 14.
13. Civil jurisdiction.—(1) Notwithstanding anything contained in the Code of Civil Procedure, Samvat 1977 or any other law for the time being in force, and subject to sub-section (2), the Dehi Adalat shall have jurisdiction to—
(a) try all suits or proceedings of a civil nature falling under the
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classes of disputes specified in the Second Schedule ;
(b) try all classes of claims and disputes which may be notified by the Government under section 14.
(2) The pecuniary limits of the Dehi Adalat shall be such as may be specified by the High Court, in consultation with the Government, by notification, from time to time.
14. Power to amend Schedules.—Where the Government is satisfied that it is necessary or expedient so to do, it may, by notification, add, modify or omit any item in the First Schedule or the Second Schedule, as the case may be, and it shall be deemed to have been amended accordingly.
15. Limitation.—(1) The provisions of the Jammu and Kashmir Limitation Act, Samvat 1995 shall be applicable to the suits triable by the Dehi Adalat.
(2) The provisions of Chapter XLV-A of the Code of Criminal Procedure, Samvat 1989 shall be applicable in respect of the offences triable by the Dehi Adalat.
16. Transfer of pending proceedings.—(1) The District Court or the Court of Sessions, 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 Dehi Adalat competent to try or dispose of such cases.
(2) The Dehi Adalat may, in its discretion, either retry the cases or proceed from the stage at which it was transferred to it.
17. Duties of Ministerial Officers.—(1) The Government shall determine the nature and categories of the officers and other employees required to assist a Dehi Adalat in the discharge of its functions and provide the Dehi Adalat with such officers and other employees as it may think fit.
(2) The salaries and allowances payable to, and other conditions of service of, the officers and other employees of the Dehi Adalat shall be such as may be prescribed by the Government.
(3) The officers and other employees of a Dehi Adalat shall perform such duties as may, from time to time, be assigned to them by the Aadil.
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CHAPTER IV
Procedure in Criminal Cases
18. Overriding effect of Act in criminal trial.—The provisions of the Act shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1989 or any other law, but save as expressly provided in the Act, the provisions of the Code shall, in so far as they are not inconsistent with the provisions of the Act, apply to the proceedings before a Dehi Adalat ; and for the purpose of the said provisions of the Code, the Dehi Adalat shall be deemed to be a Court of Judicial Magistrate of the First Class.
19. Dehi Adalat to follow summary trial procedure.—(1) Notwithstanding anything contained in sub-section (1) of section 260 or sub- section (2) of section 262 of the Code of Criminal Procedure, Samvat 1989, the Dehi Adalat shall try the offences in a summary way in accordance with the procedure specified in Chapter XXII of the said Code and the provisions of sub-section (1) of section 262 and sections 263 to 265 of the said Code, shall, so far as may be, apply to such trial.
(2) When, in the course of a summary trial, it appears to the Aadil that the nature of the case is such that it is undesirable to try it summarily, the Aadil shall recall any witness who may have been examined and proceed to rehear the case in the manner provided under the Code of Criminal Procedure, Samvat 1989.
20. Plea bargaining before Dehi Adalat.—A person accused of an offence may file an application for plea bargaining in Dehi Adalat in which such offence is pending trial and the Dehi Adalat shall dispose of the case in accordance with the provisions of Chapter XXIIA of the Code of Criminal Procedure, Samvat 1989.
21. Conduct of cases in Dehi Adalat and legal aid to parties.—(1) For the purpose of conducting criminal cases in the Dehi Adalat, the Government may appoint a Prosecuting Officer from the Prosecution Branch of Police Department for conduct of cases on its behalf.
(2) Notwithstanding anything contained in sub-section (1), in a criminal proceeding before the Dehi Adalat, the complainant may engage an Advocate of his choice at his expense to present the case of prosecution with the leave of the Dehi Adalat.
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(3) The State Legal Services Authority, constituted under section 3 of the Jammu and Kashmir Legal Services Authorities Act, 1997, shall prepare a panel of Advocates and assign them to be attached to each Dehi Adalat so that their services may be provided by the Dehi Adalat to the accused unable to engage an Advocate.
22. Pronouncement of judgment.—(1) The judgment in every trial shall be pronounced by the Aadil in open Court immediately after the termination of the trial or at any subsequent time, not exceeding fifteen days, of which notice shall be given to the parties.
(2) The Dehi Adalat shall deliver a copy of its judgment immediately to both the parties free of cost.
CHAPTER V
Procedure in Civil Cases
23. Overriding effect of Act in civil proceedings.—The provisions of the Act shall have effect notwithstanding anything contained in the Code of Civil Procedure, Samvat 1977 or any other law, but save as expressly provided in the Act, the provisions of the Code shall, in so far as they are not inconsistent with the provisions of the Act, apply to the proceedings before a Dehi Adalat ; and for the purpose of the said provisions of the Code, the Dehi Adalat shall be deemed to be a Civil Court.
24. Special procedure in civil disputes.—(1) Notwithstanding anything contained in any other law for the time being in force, every suit, claim or dispute under this Act shall be instituted by making an application to the Dehi Adalat in such form, in such manner, and accompanied by such fee, not exceeding rupees one hundred, as may be prescribed by the High Court, from time to time, in consultation with the Government.
(2) Where a suit, claim or dispute has been duly instituted, summons shall be issued by the Dehi Adalat, accompanied by a copy of the application made under sub-section (1), to the opposite party to appear and answer the claim by such date as may be specified therein and the same shall be served in such manner as may be prescribed by the High Court.
(3) After the opposite party files his written statement, the Dehi Adalat shall fix a date for hearing and inform all the parties to be present in person or through their Advocates.
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(4) On the date fixed for hearing, the Dehi Adalat shall hear both the parties in regard to their respective contentions and where the dispute does not require recording of any evidence, pronounce the judgment ; and in case where it requires recording of evidence, the Dehi Adalat shall proceed further.
(5) The Dehi Adalat shall also have the power,—
(a) to dismiss any case for default or to proceed ex parte ; and
(b) to set aside any such order of dismissal for default or any order passed by it for hearing the case ex parte.
(6) In regard to any incidental matter that may arise during the course of the proceedings, the Dehi Adalat shall adopt such procedure as it may deem just and reasonable in the interest of justice.
(7) The proceedings shall, as far as practicable, be consistent with the interests of justice and the hearing shall be continued on a day-to-day basis until its conclusion, unless the Dehi Adalat finds the adjournment of the hearing beyond the following day to be necessary for reasons to be recorded in writing.
(8) The Dehi Adalat shall dispose of the application made under sub- section (1) within a period of six months from the date of its institution.
(9) The judgment in every suit, claim or dispute shall be pronounced in open Court by the Dehi Adalat immediately after conclusion of hearing or at any subsequent time, not exceeding fifteen days, of which notice shall be given to the parties.
(10) The judgment shall contain a concise statement of the case, the point for determination, the decision thereon and the reasons for such decision.
(11) A copy of the judgment shall be delivered free of cost to both the parties within three days from the date of pronouncement of the judgment.
25. Execution of decrees and orders of Dehi Adalat.—(1) Notwithstanding anything contained in the Code of Civil Procedure, Samvat 1977, the judgment passed by a Dehi Adalat shall be deemed to be a decree and it shall be executed by a Dehi Adalat as a decree of the Civil Court and for this purpose, the Dehi Adalat shall have all the powers of a Civil Court.
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(2) The Dehi Adalat shall not be bound by the procedure in respect of execution of a decree as provided in the Code of Civil Procedure, Samvat 1977 and it shall be guided by the principles of natural justice.
(3) A decree may be executed either by the Dehi Adalat which passed it or by the other Dehi Adalat to which it is sent for execution.
26. Duty of Dehi Adalat to make efforts for conciliation and settlement of civil disputes.—(1) In every suit or proceeding, endeavour shall be made by the Dehi Adalat in the first instance, where it is possible to do so, consistent with the nature and circumstances of the case, to assist, persuade and conciliate the parties in arriving at a settlement in respect of the subject matter of the suit, claim or dispute and for this purpose, a Dehi Adalat shall follow such procedure as may be prescribed by the High Court.
(2) Where in any suit or proceeding, it appears to the Dehi Adalat at any stage that there is a reasonable possibility of a settlement between the parties, the Dehi Adalat may adjourn the proceeding for such period as it thinks fit to enable them to make attempts to effect such a settlement.
(3) Where any proceeding is adjourned under sub-section (2), the Dehi Adalat may, in its discretion, refer the matter to one or more Conciliators for effecting a settlement between the parties.
(4) The power conferred by sub-section (2) shall be in addition to, and not in derogation of, any other power of the Dehi Adalat to adjourn the proceeding.
27. Appointment of Conciliators.—(1) For the purposes of section 26, the District Court 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 possess such qualifications and experience as may be prescribed by the High Court.
(2) The sitting fee and other allowances payable to, and the other terms and conditions for engagement of Conciliators shall be such as may be prescribed by the Government.
28. Transfer of civil disputes.—The District Court having jurisdiction may, on an application made by any party or when there is considerable pendency of cases in one Dehi Adalat or whenever it considers necessary in the interests of justice, transfer any case pending before a Dehi Adalat to any other Dehi Adalat within its jurisdiction.
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CHAPTER VI
Procedure Generally
29. Proceedings to be in Urdu.—The proceedings before the Dehi Adalat and its judgment shall, as far as practicable, be in Urdu.
30. Application of Indian Evidence Act, Samvat 1977.—A Dehi Adalat may receive as evidence any report, statement, document, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Evidence Act, Samvat 1977.
31. Record of oral evidence.—In suits or proceedings before a Dehi Adalat, it shall not be necessary to record the evidence of witnesses at length, but the Aadil, as the examination of each witness proceeds, shall, record or cause to be recorded, a memorandum of substance of what the witness deposes, and such memorandum shall be signed by the witness and the Aadil and it shall form part of the record.
32. Evidence of formal character on affidavit.—(1) The evidence of any person where such evidence is of a formal character, may be given by affidavit and may, subject to all just exceptions, be read in evidence in any suit or proceeding before a Dehi Adalat.
(2) The Dehi Adalat may, if it thinks fit, and shall, on the application of any of the parties to the suit or proceeding, summon and examine any such person as to the facts contained in his affidavit.
CHAPTER VII
Appeals
33. Appeal in criminal cases.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989 or any other law, no appeal shall lie from any judgment, sentence or order of a Dehi Adalat except as provided hereunder.
(2) No appeal shall lie where—
(a) an accused person has pleaded guilty and has been convicted on such plea ;
(b) the Dehi Adalat has passed only a sentence of fine not exceeding one thousand rupees.
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(3) Subject to sub-section (2), an appeal shall lie from any other judgment, sentence or order of a Dehi Adalat to the Court of Session.
(4) Every appeal under this section shall be preferred within a period of thirty days from the date of judgment, sentence or order of a Dehi Adalat
:
Provided that the Court of Session may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(5) An appeal preferred under sub-section (3) shall be heard and disposed of by the Court of Session within six months from the date of filing of such appeal.
(6) The Court of Session may, pending disposal of the appeal, direct the suspension of the sentence or order appealed against.
(7) The decision of the Court of Session under sub-section (5) shall be final and no appeal or revision shall lie from the decision of the Court of Session :
Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under Article 226 of the Constitution read with section 103 of State Constitution.
34. Appeal in civil cases.—(1) Notwithstanding anything contained in the Code of Civil Procedure, Samvat 1977 or any other law, and subject to sub-section (2), an appeal shall lie from every judgment or order, not being an interlocutory order, of a Dehi Adalat to the District Court.
(2) No appeal shall lie from any judgment or order passed by the Dehi Adalat—
(a) with the consent of the parties ;
(b) where the amount or value of the subject matter of a suit, claim or dispute does not exceed rupees one thousand ;
(c) except on a question of law, where the amount or value of the subject matter of such suit, claim or dispute does not exceed rupees five thousand.
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Dehi Adalat :
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Provided that the District Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(4) An appeal preferred under sub-section (1) shall be heard and disposed of by the District Court within six months from the date of filing of the appeal.
(5) The District Court may, pending disposal of the appeal, stay execution of the judgment or order appealed against.
(6) The decision of the District Court under sub-section (4) shall be final and no appeal or revision shall lie from the decision of the District Court :
Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under Articles 32 and 226 of the Constitution.
CHAPTER VIII
Miscellaneous
35. Assistance of police to Dehi Adalat.—(1) Every police officer functioning within the local limits of jurisdiction of a Dehi Adalat shall be bound to assist the Dehi Adalat in the exercise of its lawful authority.
(2) Whenever the Dehi Adalat, in the discharge of its functions, directs a revenue officer or police officer or Government servant to provide assistance to the Dehi Adalat, he shall be bound to provide such assistance.
36. Aadils and employees, etc. to be public servants.—The Aadils and the officers and other employees of the Dehi Adalats shall be deemed, when acting or purporting to act in pursuance of any of the provisions of the Act, to be public servants within the meaning of section 21 of the Ranbir Penal Code.
37. Inspection of Dehi Adalats.—The High Court may authorize any judicial officer superior in rank to the Aadil to inspect the Dehi Adalats within his jurisdiction once in every six months or such other period as the High Court may prescribe and issue such instructions, as he considers necessary and submit a report to the High Court.
38. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of the Act, the Government may, by order published
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in the Government Gazette, make such provisions not inconsistent with the provisions of the Act, as may appear to it to be necessary or expedient for removing the difficulty :
Provided that no order shall be made under this section after the expiry of a period of three years from the date of commencement of this Act.
39. Power of Government to make rules.—(1) The Government may, by notification, make rules for carrying out the provisions of the Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—
(a) the form and dimensions of the seal of the Dehi Adalat under section 10 ;
(b) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Dehi Adalats under sub-section (2) of section 17 ;
(c) the form, the manner and the fee for institution of suit, claim or proceeding under sub-section (1) of section 24 ;
(d) manner of service on opposite party under sub-section (2) of section 24 ;
(e) procedure for concil ia tion under sub-section (1) of sect ion 26 ;
(f) qualifications and experience of Conciliators under sub-section
(1) of section 27 ;
(g) the sitting fee and other allowances payable to, and the other terms and conditions for engagement of Conciliators under sub- section (2) of section 27 ; and
(h) the period for inspection of Dehi Adalats under section 37.
(3) Every notification issued by the Government shall be published in the Government Gazette.
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THE FIRST SCHEDULE
(See sections 12 and 14)
PART I
Offences under the Ranbir Penal Code, Samvat 1989 etc.
(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years ;
(ii) theft, under section 379, section 380 or section 381 of the Ranbir Penal Code, where the value of the property stolen does not exceed rupees twenty thousand ;
(iii) receiving or retaining stolen property, under section 411 of the Ranbir Penal Code, where the value of the property does not exceed rupees twenty thousand ;
(iv) assisting in the concealment or disposal of stolen property, under section 414 of the Ranbir Penal Code, where the value of such property does not exceed rupees twenty thousand ;
(v) offences under sections 454 and 456 of the Ranbir Penal Code ;
(vi) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation, punishable with imprisonment for a term which may extend to two years, or with fine, or with both, under section 506 of the Ranbir Penal Code ;
(vii) abetment of any of the foregoing offences ;
(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence.
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PART II
Offences and Relief under the other Acts
(i) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Jammu and Kashmir Cattle Trespass Act, Samvat 1977 (1920 AD) ;
(ii) the Payment of Wages Act , 1936 (4 of 1936) (Centra l Act) ;
(iii) the Minimum Wages Act, 1948 (11 of 1948) (Central Act) ;
(iv) the Protection of Civil Rights Act, 1955 (22 of 1955) (Central Act) ;
(v) or der for m ain ten ance of wives, ch i ldr en and pa ren ts un der sect i on 488 of Code of Cr imi nal Pr ocedur e, Samvat 1989 ;
(vi) the Bonded Labour System (Abolition) Act, 1976 (19 of 1976) (Central Act) ;
(vii) the Equal Remuneration Act, 1976 (25 of 1976) ;
(viii) the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 (XI of 2010).
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THE SECOND SCHEDULE
(See sections 13 and 14)
Suits of a Civil Nature within the jurisdiction of Dehi Adalats
(i) Civil Disputes :
(a) r ight to purchase of property ;
(b) use of common pasture ;
(c) regulation and timing of taking water from irr igation channel.
(ii) Property Disputes :
(a) village and farm houses (Possession) ;
(b) water channels ;
(c) r ight to draw water from a well or tube-well.
(iii) Other Disputes :
(a) claims under the Payment of Wages Act, 1936 (4 of 1936) ;
(b) claims under the Minimum Wages Act, 1948 (11 of 1948) ;
(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 Panchayats.
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