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Report No. 154

42. Power of Government to dissolve a Nyaya Panchayat.-

(1) If in the opinion of the Government a Nyaya Panchayat is not competent to perform or persistently makes default in performing the functions imposed on it by law or exceeds or abuses its power, they may by notification dissolve the Nyaya Panchayat with effect from such date as may be specified therein but a new Nyaya Panchayat shall be established in lieu thereof within a period of six months from the date of such dissolution:

Provided that the Government may, for reasons to be recorded in writing postpone the establishment of the new Nyaya Panchayat for such further period as may be fixed; but the interval between the dissolution and the establishment aforesaid shall not exceed one year.

(2) On the date fixed for the dissolution of the Nyaya Panchayat under sub-section (1) all its members including Nyayadhyaksha and Nyayapal shall forthwith be deemed to have vacated their offices as such.

(3) Before publishing a notification under sub-section (1), the Government shall communicate to the Nyaya Panchayat the grounds on which they proposed to dissolve the Nyaya Panchayat, fix a reasonable period for the Nyaya Panchayat to show cause against such proposal and consider its explanation and objections if any.

(4) Where a Nyaya Panchayat is dissolved and no new Nyaya Panchayat is constituted in lieu thereof, the District Magistrate shall transfer all suits and proceedings and the Criminal cases pending before such dissolved Nyaya Panchayat to any other Nyaya Panchayat within his jurisdiction.

The Code of Criminal Procedure, 1973 Back

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