(1) The provisions of—
(a) the West Bengal Court-fees Act, 1970,
(b) the Code of Criminal Procedure, 1898,
(c) the Code of Civil Procedure, 1908, and
(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.
West Ben.
Act X of
1970.
5 of 1898.
5 Of 1908.
1 of 1872.
Bar to trial 78. No Nyaya Panchayat shall try any case or suit or other ofcase or suit in which Proceeding in which the Gram Panchayat concerned or any member of a Panchayat such Nyaya Panchayat is a party or is interested.
or its member is interested.
Withdrawal 79. (1) The Sessions Judge or the Sub-divisional Judicial Magistrate or transfer of case or suit. 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.
306 The West Bengal Panchayat Act, 1973.
XLI of 1973.]
(Part IL—Gram Panchayat.—Chapter VII—Nyaya Panchayats.—Sections 80-82.)
(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
(1) 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.