(1) Every Gram Panchayat shall, if authorised by the State Government by notification to do so, constitute a Nyaya Panchayat, consisting of five members, to be called Vicharaks, elected by it at such time and in such manner as may be prescribed from amongst persons whose names are included in the electoral roll of the West Bengal Legislative Assembly for the time being in force pertaining to the area comprised in the Gram, other than a person who is a member of any Gram Panchayat, Panchayat Samiti or Zilla Parishad or of any municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1, for the trial of—
(a) the offences specified in the Second Schedule or a case transferred to the Nyaya Panchayat under sub-section (2) of section 52;
(b) all or any of the classes of civil suits specified in section 61:
Provided that no person shall be elected to be a member of a Nyaya Panchayat if he has any of the disqualifications mentioned in section 8.
Constitution of Nyaya Panchayat.
295 The West Bengal Panchayat Act, 1973.
Criminal jurisdiction [West Ben. Act (Part IL—Gram Panchayat.—Chapter VII.—Nyaya Panchayats.—Section 52.)
(2) Every Nyaya Panchayat constituted under sub-section (1) shall be notified in the Official Gazette, or in such other manner as may be prescribed, and shall come into office with effect from the date specified in the said notification.
(3) Every Nyaya Panchayat shall elect at such time and in such manner as may be prescribed one of its members to be called Pradhan Vicharak to preside over its sittings and in the absence of the Pradhan Vicharak, the Vicharaks present at the sitting of the Nyaya Panchayat shall elect one of them to be the Pradhan Vicharak for the purpose of that sitting.
(4) The term of office of a member of Nyaya Panchayat shall be four years from the date of the notification mentioned in sub-section (2):
Provided that the members of a Nyaya Panchayat shall continue in office until the election of the members of the Nyaya Panchayat by the newly constituted Gram Panchayat after a general election and assumption of office by such members.
(5) No Nyaya Panchayat shall try any suit, case or other proceeding pending before it unless at least three members of the Nyaya Panchayat are present during such trial.
(6) The Secretary to the Gram Panchayat shall act as the Secretary to the Nyaya Panchayat for the purpose of keeping the records of its proceedings and decisions, and doing such other duties as may be prescribed.