Guwahati, May 27: Assam has taken the first step towards setting up gram nyayalayas or rural courts to take speedy and inexpensive justice to villages after Gauhati High Court recently notified the rules regulating such courts.

These courts will deal with criminal cases, civil suits, claims or disputes concerning all offences that are not punishable with death, life imprisonment or imprisonment for a term exceeding two years.

The setting up of the nyayalayas is considered important, as it should reduce the number of pending cases.

A state government official told The Telegraph that the proposed courts will be set up under provisions of the Gram Nyayalaya Act, 2008, though the total number of courts to be set up in the state is yet to be decided.

“Gauhati High Court issued a notification on May 17 declaring framing of rules for regulation of rural courts. The notification was issued in consultation with the state government,” the official said.

He said the judicial department of the state government will now prepare a proposal, which will include details such as the total number of courts to be set up, the amount of funds to be received from the Centre and the financial involvement of the state government, among others, and the same will be placed before the cabinet for its approval.

These nyayalayas, which will function as mobile courts, would hear and decide cases in a speedy and time-bound manner with stress on a conciliatory approach.

According to the rules framed by the high court, gaon burhas, presidents/members of gaon panchayats, presidents/members of anchalik panchayats, senior gram sevaks, circle officers, any person who has been trained as mediator or any leading citizen of the locality whom the nyayadhikari finds fit can be appointed mediators by the rural courts.

On the qualifications of the nyayadhikari, the rules say any person having a law degree from a recognised institution is entitled to apply for the post and the state government will conduct a test on the pattern of that done for recruitment of grade III officers of Assam judicial service to select the right candidate.

Until creation of a special cadre, the nyayadhikaris will be nominated from the existing judicial officers who will perform the duty over and above their regular court duties.

“A nyayadhikari will hold mobile courts within the area of his jurisdiction with prior intimation to the chief judicial magistrate and/or district and sessions judge of the district,” the official said. “One or more such courts will be set up for every block/anchalik panchayat or a group of blocks/anchalik panchayats depending on the area and population.”

So far, six states — Madhya Pradesh, Rajasthan, Maharashtra, Odisha, Jharkhand and Karnataka — have notified 159 gram nyayalayas and out of these, 151 are operational.