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The West Bengal Panchayat Act, 1973 - MGNREGA Jalpaiguri, Home

The West Bengal Panchayat Act, 1973 - MGNREGA Jalpaiguri, Home

The West Bengal Panchayat Act, 1973 - MGNREGA Jalpaiguri, Home

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Gram <strong>Panchayat</strong>, <strong>Panchayat</strong> Samiti 1 [, Zilla Parishad, Mahakuma Paris-had or<br />

Council] or of any municipal authority constituted under any of the <strong>Act</strong>s referred<br />

to in sub-section (2) of section I, for the trial of—<br />

(a) the offences specified in the Second Schedule or a case transferred<br />

to the Nyaya <strong>Panchayat</strong> under sub-section (2) of section 52;<br />

(b) all or any of the classes of civil suits specified in section 61:<br />

Provided that no person shall be elected to be a member of Nyaya<br />

<strong>Panchayat</strong> if he has any of the disqualifications mentioned in section 8.<br />

(2) Every Nyaya <strong>Panchayat</strong> constituted under sub-section (1) shall be notified in<br />

the Official Gazette, or in such other manner as may be prescribed, and shall<br />

come into office with effect from the date specified in the said notification.<br />

(3) Every Nyaya <strong>Panchayat</strong> shall elect at such time and in such manner as may<br />

be prescribed one of its members to be called Pradhan Vicharak to preside over<br />

its sittings and in the absence of the Pradhan Vicharak, the Vicharaks present at<br />

the sitting of the Nyaya <strong>Panchayat</strong> shall elect one of them to be the Pradhan<br />

Vicharak for the purpose of that sitting.<br />

(4) <strong>The</strong> term of office of a member of a Nyaya <strong>Panchayat</strong> shall be '[five years]<br />

from the date of the notification mentioned in subsection (2): Provided that the<br />

members of a Nyaya <strong>Panchayat</strong> shall continue in office unlit the election of the<br />

members of the Nyaya <strong>Panchayat</strong> by the newly constituted Gram <strong>Panchayat</strong><br />

after a general election and assumption of office by such members.<br />

(5) No Nyaya <strong>Panchayat</strong> shall try any suit, case or other proceeding pending<br />

before it unless al least three members of the Nyaya <strong>Panchayat</strong> are present<br />

during such trial.<br />

(6) <strong>The</strong> Secretary to the Gram <strong>Panchayat</strong> shall act as the Secretary to the Nyaya<br />

<strong>Panchayat</strong> for the purpose of keeping the records of its proceedings and<br />

decisions, and doing such other duties as may be prescribed.<br />

52. (1) Notwithstanding anything contained in the Code of Criminal Procedure,<br />

1898, a Nyaya <strong>Panchayat</strong> constituted under section 51 shall have jurisdiction,<br />

within the local limits of the Gram <strong>Panchayat</strong> constituting such Nyaya <strong>Panchayat</strong>,<br />

Criminal<br />

Jurisdiction<br />

65

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