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

to try all offences specified in the Second Schedule, Part A; and, with effect from
the dale specified in the notification referred to in sub-section (2) of section 51,
no other court shall, except as otherwise provided in this Act, take cognizance of
any case triable by a Nyaya Panchayat: Provided that nothing in this Act shall
take away the jurisdiction of any court to try a case which a Nyaya Panchayat is
prohibited by section 78 from trying or which should be, in the opinion of the
Nyaya Panchayat or of the Sessions Judge or the Sub-divisional Judicial
Magistrate exercising the power conferred by sub-section (/) of section 79, tried
in an ordinary court.
(2) A Nyaya Panchayat may try any offence specified in the Second Schedule,
Part B, if the case is transferred to it by a Sessions Judge, a Sub-divisional
Judicial Magistrate or any other Judicial Magistrate empowered to receive
petitions under section 190 of the Code of Criminal Procedure, 1898:
Provided that—
(a) a Judicial Magistrate before whom a complaint of an offence
mentioned in the Second Schedule, Part A cognizable by a Nyaya
Panchayat is made, shall transfer the complaint to the Nyaya Panchayat
which is competent to try the offence;
(b) the Sessions Judge or Sub-divisional Judicial Magistrate may transfer
any case from one Nyaya Panchayat \Q another or to any other court
subordinate to him if in the interest of justice he considers it necessary to
do so;
(c) the Sessions Judge or Sub-divisional Judicial Magistrate may, with the
consent of the parties, transfer any case cognizable by a Nyaya
Panchayat, if the place of residence of the complainant is situated within
the limits of a Gram Panchayat for which there is no Nyaya Panchayat, to
any Nyaya Panchayat situated at a distance from such place of residence
convenient, in the opinion of the Sessions Judge or the Sub-divisional
Judicial Magistrate, as the case may be, for the parties and witnesses.
(3) Every offence triable by a Nyaya Panchayat shall ordinarily be tried by the
Nyaya Panchayat within the local limits of whose jurisdiction it was committed.
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