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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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(4) <strong>The</strong> offence of theft triable by a Nyaya <strong>Panchayat</strong> or any offence which<br />

includes theft or the possession of stolen property, triable by a Nyaya <strong>Panchayat</strong>,<br />

may be tried by the Nyaya <strong>Panchayat</strong> within the local limits of whose jurisdiction<br />

such offence was committed or the property stolen was possessed by the thief or<br />

by any person who received or retained the same knowing or having reason to<br />

believe it to be stolen.<br />

(5) An offence triable by a Nyaya <strong>Panchayat</strong>, committed whilst the offender is in<br />

the course of performing a journey, may be tried by the Nyaya <strong>Panchayat</strong><br />

through or into the local limits of whose jurisdiction the offender, or the person<br />

against whom, or the thing in respect of which, the offence was committed,<br />

passed in the course of that journey.<br />

(6) When it is uncertain in which of several areas an offence was committed, or<br />

where an offence is committed partly in one local area and partly in another, or<br />

where an offence is a continuing one and continues to be committed in more<br />

local areas than one, or where it consists of several acts done in different local<br />

areas, it may be tried by a Nyaya <strong>Panchayat</strong> having jurisdiction over any such<br />

local areas.<br />

(7) Whenever a question arises as to which of two or more Nyaya <strong>Panchayat</strong>s<br />

subordinate to the same Sub-divisional Judicial Magistrate ought to try any<br />

offence, it shall be decided by the Sub-divisional Judicial Magistrate.<br />

(8) Whenever a question arises as to which of two or more Nyaya <strong>Panchayat</strong>s<br />

not subordinate to the same Sub-divisional Judicial Magistrate, but subordinate<br />

to the same Sessions Judge, ought to try any offence, it shall be decided by the<br />

Sessions Judge.<br />

(9) Where two or more Nyaya <strong>Panchayat</strong>s not subordinate to the same Sessions<br />

Judge have taken cognizance of the same offence, the Sessions Judge within<br />

the local limits of whose jurisdiction the proceedings were first commenced may<br />

direct the trial of such offender to be held in any Nyaya <strong>Panchayat</strong> subordinate to<br />

him and if he so decides all other proceedings against such person in respect of<br />

such offence shall be discontinued.<br />

67

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