16.03.2015 Views

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

jurisdiction of a Nyaya <strong>Panchayat</strong> to entertain any suit shall be decided by the Munsif<br />

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

decision of the Munsif thereon shall be final.<br />

88. (1) All fees imposed and all sums decreed under this <strong>Act</strong> by a Nyaya <strong>Panchayat</strong> may<br />

be realised under the orders of the Nyaya <strong>Panchayat</strong> in the same manner as an arrear of<br />

rate or tax imposed under this <strong>Act</strong> and any amount realised in pursuance of such an order<br />

shall be paid to the persons entitled to get the same.<br />

(2) If the Nyaya <strong>Panchayat</strong> granting a decree is unable to effect satisfaction<br />

thereof, it shall grant the decree-holder a certificate to that effect stating the amount due<br />

to him and the amount due as costs of the suit.<br />

(3) <strong>The</strong> decree-holder to whom the certificate referred to in subsection (2) is<br />

granted, may make an application, on production of such certificate, to the court of the<br />

Munsif within the local limits of whose jurisdiction the defendant actually and voluntarily<br />

resides or carries on business or personally works for gain, for execution of the decree<br />

granted by the Nyaya <strong>Panchayat</strong>.<br />

(4) <strong>The</strong> court of the Munsif, to which the application referred to in sub-section<br />

(jf) is made, shall execute the decree granted by the Nyaya <strong>Panchayat</strong> and in executing<br />

such decree it shall have the same powers and it shall follow the same procedure as if it<br />

were executing a decree passed by itself.<br />

(5) An application for execution of a decree of a Nyaya <strong>Panchayat</strong> made after the<br />

expiry of three years from the date of the decree or of any order under the proviso the<br />

section 74 modifying any such decree, shall be dismissed, although limitation has not<br />

been pleaded:<br />

Provided that where the decree is for payment of a sum of money or delivery of any<br />

movable property which the decree directs to be made at a certain date, the application<br />

for execution of the decree may be made within three years from that date.<br />

Realisation of<br />

fees and<br />

execution of<br />

decrees.<br />

89. Every Nyaya <strong>Panchayat</strong> shall maintain such registers and records and submit such<br />

returns as may be prescribed.<br />

Registers and<br />

records.<br />

80

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!