(1) A Nyaya Panchayat shall, after hearing the parties and after considering the evidence adduced by the parties, record its decision in writing, and may sentenced any offender convicted by it to pay a fine not exceeding fifty rupees:
Provided that if the members of the Nyaya Panchayat present during the trial of a case 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 case, 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) No sentence of imprisonment, simple or rigorous, whether substantive or in default of payment of fine shall be awarded by any Nyaya Panchayat.
(3) When a Nyaya Panchayat imposes a fine under sub-section (1), it may, when passing the order, direct that the whole or any part of the fine recovered shall be applied in payment of compensation for any loss or injury caused by the offence.
(4) If a Nyaya Panchayat is satisfied that a complaint made before it or transferred to it for trial is false, vexatious or frivolous, it may order the complainant to pay to the accused, such compensation not exceeding twenty-five rupees, as it thinks fit.
(5) If such fine or compensation is not paid or realised within thirty days of the passing of the sentence or order or within such further time as the Nyaya Panchayat may allow, the Nyaya Panchayat shall record an order declaring the amount of fine imposed or compensation awarded and that it has not been paid, and shall forward the same to the nearest 300 The West Bengal Panchayat Act, 1973.
XLI of 1973.]
(Part 11.—Gram Panchayat.—Chapter VIL—Nyaya Panchayats.—Sections 60, 61.)
Sub-divisional Judicial Magistrate, who would have had jurisdiction to try the case but for the provisions of this Act, and the Sub-divisional Judicial Magistrate shall—
(a) proceed to execute the order as if it were an order passed by himself, or
(b) in default of payment, sentence the accused to imprisonment in accordance with Chapter III of the Indian 45 of 1860. Penal Code, notwithstanding anything contained in sub-section (2) of this section:
Provided that, notwithstanding anything contained in the Indian Penal Code—
(a) the fine imposed or compensation awarded by a Nyaya Panchayat shall not be realised from any person who has served his term of imprisonment;
(b) the person serving his term of imprisonment shall be forthwith released, if the fine or compensation is paid before the expiry of the term of imprisonment.
60. When any person is convicted by a Nyaya Panchayat and no Release after previous conviction is proved against him, if it appears to the said Nyaya admonition or on Panchayat probathat regard being had to the age, character and antecedents tion of good of the offender and to the circumstances in which the offence was conduct.
committed, it is expedient—
(a) that the offender should be released after due admonition, the Nyaya Panchayat may, instead of sentencing him to any punishment, release him after due admonition; or
(b) that the offender should be released on probation of good conduct, the Nyaya Panchayat may, notwithstanding 5 of 1898. anything contained in the Code of Criminal Procedure, 1898, instead of sentencing him at once to any punishment, direct that he be released on his executing a bond for a sum not exceeding fifty rupees to appear and receive sentence when called upon during such period (not exceeding one year) as it may direct, and in the meantime to keep the peace and be of good behaviour.
12 of 1887. 61. (1) Notwithstanding anything contained in the Bengal, Agra Civil 9 of 1887. and Assam Civil Courts Act, 1887, the Provincial Small Cause Courts jurisdiction.
5 of 1908. Act, 1887, and the Code of Civil Procedure, 1908, and subject to the provisions of sections 62 and 63, a Nyaya Panchayat shall have, within 301 The West Bengal Panchayat Act, 1973.
[West Ben. Act Suits not to be tried.
Suits to include whole claim (Part 11.—Gram Panchayat.—Chapter VII. —Nyaya Panchayats.—Sections 62, 63.)
the local limits of the Gram Panchayat constituting such Nyaya Panchayat, jurisdiction to try the following classes of suits when the value of the suit does not exceed two hundred and fifty rupees, namely:—
(a) suits for money due on contracts;
(b) suits for the recovery of movable property or the value of such property;
(c) suits for compensation for wrongfully taking or damaging movable property; and
(d) suits for damages by cattle-trespass.
(2) No other court shall have jurisdiction to try any suit of the classes mentioned in sub-section (1):
Provided that nothing in this Act shall take away the jurisdiction of any court to try a suit which a Nyaya Panchayat is prohibited by section 78 from trying or which should be, in the opinion of the Nyaya Panchayat or of the District Judge exercising the power conferred by sub-section (2) of section 79, tried by an ordinary court.
62. No suit shall lie in any Nyaya Panchayat—
(a) on a balance of partnership account;
(b) for a share or part of a share under an intestacy, or for a legacy or part of legacy under a Will;
(c) by or against the Union of India or a State Government or a local authority or public officers for acts done in their official capacity;
(d) by or against minors or persons of unsound mind or when any such person is in the opinion of the Nyaya Panchayat a necessary party;
(e) for the assessment, enhancement, reduction, abatement, apportionment or recovery of rent of immovable property;
Or
(f) by a mortgagee of immovable property for the enforcement of the mortgage by foreclosure or sale of the property or otherwise, or by a mortgagor of immovable property for the redemption of the mortgage.