28A. [ The Nyaya Sabha. [Inserted by Bihar Act 6 of 1978, vide Section 21 (w.e.f. 23rd August, 1978).]
(1)Every Gram Sabha shall, for the purpose of discharging its judicial functions, imposed upon it by or under this Act, establish a Nyaya Sabha in the following manner:-(i)after the election of the office-bearers and the members of the executive committee of the Gram Sabha, in the same meeting, members of the Nyaya Sabha shall also be elected for the term of office as provided in sub-section (2) of Section 13 of this Act for elected persons;(ii)the number of members including the Nyaya Mantri, shall be any odd number between three and eleven as may be determined by the Gram Sabha:Provided that the Sabhapati, Nidhipal, Mantri and member of the executive committee elected under Section 13 of this Act and the office-bearers shall not be eligible for election as members of the Nyaya Sabha.(2)It shall be duty of the Nyaya Sabha to bring about an amicable settlement of all disputes in the village.(3)If the Nyaya Sabha fails to bring about an amicable settlement, the parties will choose by common agreement one or more persons to be known as Panchas, whose unanimous decision shall be final and binding on the parties concerned.(4)Where the parties do not agree upon the selections of Panchas, or where Panches fail to reach an unanimous decision, the Nyaya Sabha shall appoint a body of not more than five persons to be known as Panch Pith, who shall decide the case in the manner prescribed and if the Panch Pith fail to reach an agreed decision, the case shall be referred to the full bench of the Nyaya Sabha, whose decision shall be final.(5)The Nyaya Sabha, subject to the powers and functions vested in it under this Act, shall exercise all the powers of a Gram Kutchery of a Gram Panchayat constituted under the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of1948).(6)Every suit or case instituted under this Act shall be filed before the Nyaya Mantri, and in the absence, before the member of the Nyaya Sabha authorised by the Nyaya Mantri in this behalf.(7)Subject to the provisions of this Act and to any Rules or directions that may be made or issued by the Government in this behalf the procedure to be followed by the Nyaya Sabha shall be such as it may consider just and necessary, and the Nyaya Sabha or the Panch Pith shall not be bound to follow any laws of evidence or procedure other than the procedure prescribed by or under this Act.(8)Whenever the Nayaya Mantri has reasons to believe that a breach of peace or disturbance of the public tranquillity is imminent and the immediate prevention or speedy remedy is necessary, he may, by a written notice, stating the material facts of the case and serve in the prescribed manner, direct any person to abstain from or resort to a certain action with respect to a certain property in his possession under this management.(9)Any fine imposed by an order of the Panch Pith or Nyaya Sabha shall be realised by the Gram Sabha.(10)Subject to the provisions of this Act, the Nyaya Mantri shall exercise all the powers and discharge all the functions of a Sarpanch under the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948).]
