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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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59. (1) A Nyaya <strong>Panchayat</strong> shall, after hearing the parties and after considering<br />

the evidence adduced by the parties, record its decision in writing, and may<br />

sentence any offender convicted by it to pay a fine not exceeding fifty rupees:<br />

Provided that if the members of the Nyaya <strong>Panchayat</strong> present during the trial of a<br />

case fail to come to a unanimous decision, the decision of the majority of such<br />

members shall be the decision of the Nyaya <strong>Panchayat</strong>: Provided further that in<br />

the case of equality of votes of the members of a Nyaya <strong>Panchayat</strong> present<br />

during the trial of a case, the Pradhan Vicharak, or the person who is elected as<br />

Pradhan Vicharak for that sitting, shall have a second or casting vote and the<br />

decision of the Nyaya <strong>Panchayat</strong> shall be in accordance with such second or<br />

casting vote.<br />

(2) No sentence of imprisonment, simple or regorous, whether substantive or in<br />

default of payment of fine shall be awarded by any Nyaya <strong>Panchayat</strong>.<br />

(3) When a Nyaya <strong>Panchayat</strong> imposes a fine under sub-section (/), it may, when<br />

passing the order, direct that the whole or any part of the fine recovered shall be<br />

applied in payment of compensation for any loss or injury caused by the offence.<br />

(4) If a Nyaya <strong>Panchayat</strong> is satisfied that a complaint made before it or<br />

transferred to it for trial is false, vexatious or frivolous, it may order the<br />

complainant to pay to the accused, such compensation not exceeding twenty-five<br />

rupees, as it thinks fit.<br />

(5) If such fine or compensation is not paid or realised within thirty days of the<br />

passing of the sentence or order or within such further time as the Nyaya<br />

<strong>Panchayat</strong> may allow, the Nyaya <strong>Panchayat</strong> shall record an order declaring the<br />

amount of fine imposed or compensation awarded and that it has not been paid,<br />

and shall forward the same to the nearest Sub-divisional Judicial Magistrate, who<br />

would have had jurisdiction to try the case but for the provisions of this <strong>Act</strong>, and<br />

the Sub-divisional Judicial Magistrate shall—<br />

(a) proceed to execute the order as if it were an order passed by himself,<br />

or<br />

Power to<br />

impose fine or<br />

to award<br />

compensation.<br />

70

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