State Act

55

Section 55. Cognizance of case

THE UNITED PROVINCES PANCHAYAT RAJ ACT, 1947

Act no. 26 of 19471947RepealedUttarakhand (State Act)

This Act was repealed on a date we do not have by the Uttarakhand Panchayati Raj Act, 2016 (Uttarakhand Act 11 of 2016), s.194(1); it may still apply to matters that began before then.

[55- (1) After a Nyaya Panchayat has been established for any area, no court except as otherwise provided in this Act shall take recognizance of any case triable by such Nyaya Panchayat. (2) When a Nysya Panchayat is suspended, superseded or dissolved under section 95, or for any other reason ceases to function, all cases pending before it shall stand transferred to the court of competent jurisdiction which shall dispose them of according to law: Provided that the trial of all such cases in court shall commence de novo: Provided further that a Nyaya Panchayat shall not be deemed to cease to function merely for the reason that its Panches have to be re-elected. (3) Notwithstanding anything contained in section 52 and in sub-section (1) of this section any court may take cognizance of any offence under sections 431 and 447 of the Indian Penal Code, 1860, if it is otherwise competent to do so. (4) Notwithstanding anything contained in section 52 and sub-sections (1) to (3) of this sections but subject always to the provision of the Code of Criminal Procedure 1898, where any court has taken cognizance of any offence referred to in the said sections and a summons or warrant, as the case may be, has issued for the appearance of the accused in such case,-the offence may be enquired into and tried by such court.]5