(1)Every Anchal Panchayat established under this Act shall, if authorised by the State Government by notification to do so, constitute a Nyaya Panchayat, consisting of five members, to be called Vicharaks, elected by it from amongst the members of the Gram Sabhas within its jurisdiction, according to prescribed rules and approved by the prescribed authority, for the trial of -(a)the offences specified in Schedule III or a case transferred to the Nyaya Panchayat under sub-section (2) of section 71, and(b)all or any of the classes of civil suits specified in section 80 :Provided that no member of a Gram Sabha shall be elected to be a member of a Nyaya Panchayat if he has any of the disqualifications mentioned in section 15 ;[Provided further that where the number of Gram Sabhas comprised in an Anchal Panchayat is -(i)five, one Vicharcik shall be elected from each Gram Sabha,(ii)more than five, the Gram Sabhas shall be divided into five groups consisting of one or more of the Gram Sabhas as may be determined and specified in this behalf by the Anchal Panchayat and one Vicharak shall be elected from each group, and(iii)less than five, one Vicharak shall be elected from each Gram Sabha and the deficiency in the membership of the Nyaya Panchayat shall be filled up by election from such Gram Sabha or Gram Sabhas as may be determined and specified in this behalf by the Anchal Panchayat.](2)When a person who is a member of an Anchal Panchayat or a Gram Panchayat is elected to a Nyaya Panchayat under sub-section (1), he shall cease to be a member of the Anchal Panchayat or the Gram Panchayat concerned, with effect from the date on which the Nyaya Panchayat is notified under sub-section (3), and the vacancy caused thereby shall be filled in the manner laid down in section 21 or section 28, as the case may be.(3)Every Nyaya Panchayat constituted under sub-section (1) shall be notified in the Official Gazette, or in such other manner as may be prescribed, and shall come into office with effect from the date specified in the said notification.(4)Every Nyaya Panchayat shall elect at such time and in such manner as may be prescribed one of its members to be called Pradhan Vicharak to preside over its sittings and in the absence of the Pradhan Vicharak, the Vicharaks present at the sitting of the Nyaya Panchayat shall elect one of them to be the Pradhan Vicharak for the purpose of that sitting.(5)The term of office of a members of a Nyaya Panchayat shall be four years from the date of the notification mentioned in sub-section (3) :Provided that members of a Nyaya Panchayat shall continue in office until the election of the members of the Nyaya Panchayat by the newly constituted Anchal Panchayat after a general election.(6)No suit, case or other proceeding pending before a Nyaya Panchayat shall be tried by such Nyaya Panchayat [unless at least three members of the Nyaya Panchayat are present during such trial.] [Words substituted for the words 'unless a majority of the members of the Nyaya Panchayat is present during such trial' by W.B. Act 15 of 1959.](7)The Secretary to the Anchal Panchayat shall act as the Secretary to the Nyaya Panchayat for the purpose of keeping the records of its proceedings and decisions, and doing such other duties as may be prescribed.
