State Act

The Maharashtra Village Panchayats Act.

179. Power of Collector to recover record and money.— (1) Where on an application of panchayat 1[or otherwise] the Collector is of the opinion that any person, who in his capacity 2[as a Sarpanch, Upa-Sarpanch, member,] officer, servant or secretary of a panchayat had in his custody any record or money belonging to the panchayat is 3[on his vacating or ceasing to hold, his office for any reason whatsoever,] or suspension from office, as the case may be, not likely to deliver such record or pay such money, the Collector may by written order require that the record or money so detained be delivered or paid to the panchayat forthwith. (2) If any such person as aforesaid shall not deliver the record or pay the money as directed, the Collector may cause him to be apprehended and may send him with a warrant in such form as may be prescribed, to be confined in a civil jail till he delivers up the record or pays the money : Provided that, no such person shall be so detained in confinement for a period longer than one calendar month. (3) It shall be lawful for the Collector— (a) for recovering any such money to direct that such money be recovered as an arrear of land revenue and on such direction being given, such money shall be recoverable as an arrear of land revenue from such person ; (b) for recovering any such record to issue a search warrant and to exercise all such powers with respect thereto as may lawfully be exercised by a magistrate under the provisions of Chapter VII of the 1Code of Criminal Procedure, 1898 (V of 1898). (4) No action under sub-sections (1), (2) or (3) shall be taken unless reasonable opportunity has been given to the person concerned to show cause why such action should not be taken against him.