Amendment status not verified — confirm the current text below against the official source.
Sub. by section 2 of U.P. Act No. 9 of 1994. [The United Provinces Panchayat Raj Act, 1947] [Section 48-51] 48- [ *** ]1 Bench of Nyaya Panchayat 49- [(1) The Sarpanch shall form Benches consisting of five Panches each for the disposal of cases and inquiries coming up before the Nyaya Panchayat. (2) The formation of Benches, the period for which they will work including the hearing of part heard cases, the method of distribution transfer or re-transfer of work among the Benches and procedure generally to be followed by them in cases and enquiries shall be governed by rules. (3) No Panch, Sarpanch or Sahayak Sarpanch shall take part in the trial of or inquiry in any case to which, he or any near relation, employer, employee, debtor, creditor or partner of his is a party or in which any of them is personally interested. (4) Notwithstanding anything contained in this section, the State Government 117 may prescribe the constitution. of Special Benehes for the trial of any class or classes of cases : Provided that the State Government may at any time order for the re- constitution of such a Special Bench. (5) Any dispute relating to the formation of Benches or method of their working shall be referred to the prescribed authority whose decision shall be final.]2 Filling of casual vacancies [50- (1) If a vacancy in the office of a Panch arises by reason of his death, removal or resignation it shall, subject to the provisions of section 45, be filled for the unexpired part of his term by the prescribed authority by appointing a person from amongst the member for the time being of the [Gram Panchayat]6 , and if the Panch vacating the office was also the Sarpanch or Sahayak Sarpanch a new Sarpanch or Sahayak Sarpanch, as the case may be, shall be elected in the manner provided in section 44. (2) Any person appointed as Panch under sub-section (1) shall cease to be a member of the [Gram Panchayat]6 from the date of his appointment and the vacancy so caused in the [Gram Panchayat]6 shall be deemed to be a casual vacancy for the purpose of section 12-H.]3 Power of Sahayak Sarpanch [50-A The Sahayak Ssrpsnch shall exercise such powers of the Sarpanch as may be prescribed.]4 Territorial jurisdiction V of 1898 V of 1908 [51- (1) Notwithstanding anything contained in the [Code of Criminal Procedure, 1973]7 every criminal case triable by a Nyaya Panchayat shall be instituted before the Sarpanch of the Nyaya Panchayat of the circle in which the offence is committed.]5 1 Deleted by section 38 of U. P. Act no. 2, 1955. 2 Sub. by section 39 ibid. 3 Sub. by section 40 ibid. 4 Added by section 41 ibid. 5 Subs. by section 42 (i) ibid. 6 Sub. by section 2 of U.P. Act No. 9 of 1994. 7 Subs. by section 21 (a) of U.P. Act No. 37 of 1978. [The United Provinces Panchayat Raj Act, 1947] [Section 52-53] Act no.5 of 1908 (2) Notwithstanding anything contained in the Civil Procedure Code, 1908 every civil case instituted under this Act shall be instituted before the Sarpanch of the Nyaya Panchayat of the circle in which [the defendant or, where there are more than one, all the defendants ordinarily reside or carryon business]3 at the time of the institution of the civil case irrespective of the place where the cause of action arose. (3) [***]1 Offences cognizable by Nyaya panchayats [52- (1) The following offences as well as abetments of and attempts to commit such offences, if committed within the jurisdiction of a Nyaya Panchayat, shall be cognizable by such Nyaya Panohayat----- (a) offences under sections 140, 160,172,174,179,269, 277, 283, 285,. 289, 290, 294, 323, 334, 341, 352, 357,358. 374,379,403,411 (where 118 Act XLV of 1860 Act I of 1871 Act I of 1926 Act III of 1867 the value of the stolen or mis-appropriated property in cases under sections 379, 403 and 411 does not exceed fifty rupees), 426, 428, 430 , 431, 447, 448, 504, 506, 509 and 510 of the Indian Penal Code, 1860 ; (b) offences under sections 24 and 26 of the Cattle Trespass Act, 1871 ; (c) offences under sub-section (1) of section 10 of the United Provinces District Board Primary Education Act, 1926 ; (d) offences under sections 3,4, 7 and 13 of the Public Gambling Act, 1867 ; (e) any other offence under aforesaid enactments or any other enactment as may, by notification in the official Gazette, be declared by the State Government to be cognizable by a Nyaya Panchayat ; and (f) any offence under this Act or any rule made thereunder ; (1-A) The State Government may by order published in the official Gazette empower any Nyaya Panchayat to take cognizance of offences under sections 279,286, 336 and 356 of the Indian Penal Code, 1860 and may like-wise withdraw any offence referred to in clauses (a) to (d) of sub-section (1) from the cognizance of Nyaya Panchayats generally or such Nyaya Panchayats as may be specified.]2 (2) Any criminal case relating to an offence under sections 143, 145, 151 or 153 of the Indian Penal Code, 1860, pending before any court may be transferred for trial to the Nyaya Panchayat if in the opinion of such court the offence is not serious. Security for keeping the peace 53- (1) Whenever the Sarpanch of a Nyaya Panchayat has reason to apprehend that any person is likely to commit a breach of peace or disturb public tranquility he may call upon such person to show cause why he should not execute a bond for an amount not exceeding Rs.100 with or without sureties for keeping the peace for a period not exceeding 15 days.