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

Bar to trial of
case of suit in
which a
Panchayat or its
member is
interested.
Withdrawl or
transfer of case
or suit.
(d) the Indian Evidence Act, 1872, shall not apply to any trial before a Nyaya Panchayat.
(2) The procedure to be followed by a Nyaya Panchayat in any trial, in the enforcement
of its decisions and orders, and in the method of forming a quorum shall, subject to
the provisions of this Act, be in accordance with prescribed rules.
78. No Nyaya Panchayat shall try any case or suit or other proceeding in which the Gram
Panchayat concerned or any member of such Nyaya Panchayat is a party or is interested.
79. (1) The Sessions Judge or the Sub-divisional Judicial Magistrate within the local
limits of whose jurisdiction the Nyaya Panchayat is situate, may, of his own motion or on
the application of any of the parties to a case or on the motion of the Nyaya Panchayat
concerned, withdraw the case pending before a Nyaya Panchayat if, for reasons to be
recorded by him in writing, he is of opinion-that the case is one which should not be tried
or heard by the Nyaya Panchayat, and may try or hear the case himself or transfer it for
disposal to another Judicial Magistrate who would have had jurisdiction to try the case
but for the provisions of this Act.
(2) The District Judge, within the local limits of whose jurisdiction a Nyaya
Panchayat is situate, may, of his own motion or on the application of any of the parties to
a suit or on the motion of the Nyaya Panchayat concerned, withdraw the suit pending
before a Nyaya Panchayat if, for reasons to be recorded by him in writing, he is of
opinion that the suit is one which should not be tried or heard by the Nyaya Panchayat,
and may try or hear the suit himself or transfer it for disposal to the court of the Munsif
who would have had jurisdiction to try the suit but for the provisions of this Act.
Certain suits and
case not to be
tried.
(3) If at any stage of a case or a suit any party to such case or suit informs the Nyaya
Panchayat that he has applied or that he intends to apply for the withdrawal or transfer of
the case or suit under sub-section (I) or sub-section (2), as the case may be, the Nyaya
Panchayat shall stay further proceedings in the case or suit until such time as it thinks fit.
80. (1) No Nyaya Panchayat shall try any suit in which the matter suits directly and
substantially in dispute has been heard and finally decided by a court of competent
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