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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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 />
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