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

Power to
determine.
71. (1) Subject to the provisions of clauses (c) and (d) of section 62, the
Nyaya Panchayat shall add as parties to a suit any person whose presence as
parties it considers necessary for a proper decision thereof, and shall enter the
names of such parties in the register of suits, and the suit shall be tried as
between the parties whose names are entered in the said register:
Provided that when any party is added, notice shall be given to him and he
shall be given an opportunity to appear before the trial of the suit is proceeded
with.
(2) In all cases where a new party appears under the proviso to subsection
(I) during the trial of a suit, he may require that the trial shall begin de
novo,
Decesion of
suites.
72. (1) When the parties or their agents have been heard and the Decision of
evidence on both sides considered, the Nyaya Panchayat shall, by written order,
pass such decree as may seem just, equitable and according to good
conscience, stating in the decree the amounts of prescribed fees and the
amount, if any, paid to witnesses under sub-section (3) of section 82 and the
persons by whom such amounts are payable:
Provided that if the members of the Nyaya Panchayat present during the trial of a
suit fail to come to a unanimous decision, the decision of the majority of such
members shall be the decision of the Nyaya Panchayat:
Provided further that in the case of equality of votes of the members of a Nyaya
Panchayat present during the trial of a suit, the Pradhan Vicharak, or the person
who is elected as Pradhan Vicharak for that sitting, shall have a second or
casting vote and the decision of the Nyaya Panchayat shall be in accordance
with such second or casting vote.
(2) Subject to such conditions and limitations as may be prescribed, and to the
provisions of any law for the time being in force, the costs of an incidental to all
suits shall be in the discretion of the Nyaya Panchayat and the Nyaya Panchayat
shall have full power to determine by whom and to what extent such costs are to
be paid, and to give all necessary directions for the purposes aforesaid:
75