State Act

THE UNITED PROVINCES PANCHAYAT RAJ ACT, 1947

This Act was repealed on a date we do not have by the Uttarakhand Panchayati Raj Act, 2016 (Uttarakhand Act 11 of 2016), s.194(1); it may still apply to matters that began before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

89- (1) [A Judicial Magistrate or Munsif]4 according as it is a [criminal or civil case]5 may either on his own, motiou or on the application of any party made within 60 days from the date of the order complained of or where personal, service of summons had not been effected on the applicant from the date of the knowledge of the order call for the record of any case which has been decided by a Nyaya Panchayat and if it appears to him that in justice or material irregularity has occurred, he may make such order in the case as he thinks fit. Explanation----Failure to exercise a jurisdiction vested by law or exercise of jurisdiction in excess of that vested by law shall for purposes of this section be deemed to be a material irregularity. (2) Without prejudice to the generality of the foregoing provisions, the [Judicial Magistrate or Munsif]4 as the case may be, may- (a) quash the decree or order passed by the Nyaya Panchayat, (b) modify the order, (c) remand the case to the Nyaya Panchayat for retrial with such direction as he may deem fit, or (d) try the case himself or transfer it to another court or officer competent to try the same. (3) If any application under sub-section (1) is found by the [Judicial Magistrate or Munsif]4 as the case may be, to be frivolous or vexatious, he may, for reasons to be recorded, make an order for the payment to the opposite party by the applicant of special costs not exceeding fifty rupees by way of compensation. [(4) Except as aforesaid, a decree or order passed by a Nyaya Panchayat in any [civil or criminal case]6 shall not be open to appeal or revision in any court.]2 [(5) Notwithstanding anything contained in section 95, where any Judicial Magistrate or Munsif records a finding in an order passed under this section that any Panch or Panches (including any Sarpanch) of a Nyaya Panchayat has or have in relation to the case which gave rise to the revision, behaved in a manner unbecoming of his or their office, the prescribed authority may remove such Panch or Panches on the basis of such finding, and it shall not be necessary to give him or them any opportunity to show cause against the action proposed.]5