(1) All fees imposed and all sums decreed under this Act by Realisation a Nyaya Panchayat may be realised under the orders of the Nyaya execution d of Panchayat in the same manner as an arrear of rate or tax imposed under decrees.
this Act and any amount realised in pursuance of such an order shall be paid to the persons entitled to get the same.
(2) If the Nyaya Panchayat granting a decree is unable to effect satisfaction thereof, it shall grant the decree-holder a certificate to that effect stating the amount due to him and the amount due as costs of the suit.
(3) The decree-holder to whom the certificate referred to in sub-section (2) is granted, may make an application, on production of such certificate, to the court of the Munsif within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business or personally works for gain, for execution of the decree granted by the Nyaya Panchayat.
(4) The court of the Munsif, to which the application referred to in sub-section (3) is made, shall execute the decree granted by the Nyaya Panchayat and in executing such decree it shall have the same powers and it shall follow the same procedure as if it were executing a decree passed by itself.
(5) An application for execution of a decree of a Nyaya Panchayat made after the expiry of three years from the date of the decree or of any order under the proviso to section 74 modifying any such decree, shall be dismissed, although limitation has not been pleaded:
Provided that where the decree is for payment of a sum of money or delivery of any movable property which the decree directs to be made at a certain date, the application for execution of the decree may be made within three years from that date.
89. Every Nyaya Panchayat shall maintain such registers and Registers records and submit such returns as may be prescribed. and records.
309 The West Bengal Panchayat Act, 1973.
[West Ben. Act (Part 11.—Gram Panchayat.—Chapter V11.—Nyaya Panchayat.— Sections 90-92.—Part III—Panchayat Samiti.—Chapter VIII.— Constitution of Panchayat Samiti.—Section 93.)
Resignation 90. (1) A member of a Nyaya Panchayat may resign during his by member of Nyaya term of office by notifying in writing his intention to do so to the Panchayat prescribed authority and, on such resignation being accepted by the and filling of casual prescribed authority, shall be deemed to have vacated his office.
vacancy. (2) When the office of a member of a Nyaya Panchayat becomes vacant by resignation or otherwise a new member shall, in the same manner as laid down in section 51, be elected by the Gram Panchayat, who shall hold office so long as the member whose office he fills would have been entitled to hold office if such vacancy had not occurred:
Provided that no act of the Nyaya Panchayat shall be deemed to be invalid by reason only that the number of members of the Nyaya Panchayat at the time of the performance of such act was less than the prescribed number.
Removal of members of Nyaya Panchayat.
Reference to Sessions Judge, etc.