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

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

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had jurisdiction to try the offence but for the provisions of this <strong>Act</strong>, who may issue<br />

a warrant for the arrest of the accused and when arrested may forward him for<br />

trial to the Nyaya <strong>Panchayat</strong> or release him on bail to appear before it.<br />

(3) <strong>The</strong> Nyaya <strong>Panchayat</strong> shall, if possible, try the case on the day on which the<br />

accused appears or is brought before it, but if that is not possible, the Nyaya<br />

<strong>Panchayat</strong> shall release him on his executing a bond for a sum not exceeding<br />

twenty-five rupees to appear before it on any subsequent day or days to which<br />

the trial may be adjourned:<br />

Provided that if the accused fails or refuses to execute a bond, the Nyaya<br />

<strong>Panchayat</strong> shall, instead of releasing him, send him back under custody to the<br />

Sub-divisional Judicial Magistrate by whom such accused was arrested and<br />

thereupon such Sub-divisional Judicial Magistrate shall, notwithstanding anything<br />

contained in sub-section (7) of section 52, take cognizance of the complaint<br />

made before the Nyaya <strong>Panchayat</strong> and shall try such accused person in the<br />

same manner and under the same procedure as if the complaint were made<br />

before him.<br />

Compounding<br />

of offences.<br />

57. Notwithstanding anything contained in the Code of Criminal Procedure, 1898,<br />

the Nyaya <strong>Panchayat</strong> may allow the parties to compound any offence triable by<br />

it.<br />

Bar to appeal.<br />

58. Notwithstanding anything contained in the Code of Criminal Procedure, 1898,<br />

there shall be no appeal by a convicted person in any case tried by a Nyaya<br />

<strong>Panchayat</strong>: Provided that the Sessions Judge or Sub-divisional Judicial<br />

Magistrate within the local limits of whose jurisdiction the Nyaya <strong>Panchayat</strong> is<br />

situate, if satisfied that failure of justice has occurred, may, of his own motion, or<br />

on the application of any of the parties, concerned, made within thirty days from<br />

the date of the order of the Nyaya <strong>Panchayat</strong>, cancel or modify any order of<br />

conviction or of compensation made by a Nyaya <strong>Panchayat</strong> or direct the retrial of<br />

any case by a court of competent jurisdiction subordinate to him, notwithstanding<br />

anything contained in sub-section (1) of section 52.<br />

69

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