Section 144 in The Maharashtra Village Panchayats Act, 1959
144. Default in performance of duty.
(1)If at any time, it appears to the [Standing Committee] [These words were substituted for the word 'Collector' by Maharashtra 5 of 1962, Section 286, Tenth Schedule.] that a Panchayat has made default in the performance of [any duty under section 45] [These words and figures were substituted for the words, figures and brackets 'any duty specified in subsection (1) of section 45' by Maharashtra 5 of 1962, Section 62.], it may order the duty to be performed within a specified period, and if the duty is not performed within the period specified, the [Standing Committee] [These words were substituted for the word 'Collector' by Maharashtra 5 of 1962, Section 286, Tenth Schedule.] may appoint a person to perform it, and direct that the expense of performances shall be paid by the defaulting Panchayat within such period as the [Standing Committee] [These words were substituted for the word 'Collector' by Maharashtra 5 of 1962, Section 286, Tenth Schedule.] may fix.(2)If the expenses is not so paid, the [Standing Committee] [These words were substituted for the word 'Collector' by Maharashtra 5 of 1962, Section 286, Tenth Schedule.] may direct the person in custody of the village fund to pay such expenses, or so much thereof as is possible, from the balance of such fund in his hands and such person shall pay such expense or part thereof accordingly.(2A)[ If at any time it appears to the Standing Committee, that a Panchayat has failed to contribute or pay in any financial year the amount as required by subsection (3) of section 62 or has committed default in payment of any instalment towards repayment of the loan taken by the Panchayat from the District Village Development Fund, in accordance with the rules made for the purpose in pursuance of the provisions of section 133, the [Standing Committee] [Sub-section (2A) was inserted by Maharashtra 38 of 1973, Section 8(1).] may, by an order in writing direct the person in custody of the village fund to pay to the credit of the District Village Development Fund such sums as may be due to it is at such intervals and in such instalments as it may, regards being had to the finances of the Panchayat, direct and the Panchayat shall comply with such directions.](3)If at any time it appears to the State Government or any officer authorised by the State Government in this behalf, that a Panchayat has made default in the performance of [any duty under section 45] [These words and figures were substituted for the words, brackets and figures 'any duty specified in subsection (1) of section 45' by Maharashtra 36 of 1965, Section 62.] [or in the payment of any amount to the credit of the District Village Development Fund under sub-section (2A)] [These words were inserted by Maharashtra 38 of 1973, Section 8(2)(a).] and that the [Standing Committee] [These words were substituted for the word 'Collector' by Maharashtra 5 of 1962, Section 286, Tenth Schedule.] has failed or neglected to take action under sub-section (1) [or under sub-section (2A)] [This portion was inserted by Maharashtra 38 of 1973, Section 8(2)(b).], the State Government or the officer authorised, as the case may be, may take such action as could have been taken by the [Standing Committee] [These words were substituted for the word 'Collector' by Maharashtra 5 of 1962, Section 286, Tenth Schedule.] [under sub-sections (1), (2) and (2A)] [This portion was substituted for the words, brackets and figures 'under sub-sections (1) and (2)' by Maharashtra 38 of 1973, Section 8(2)(c).].(4)The [Standing Committee] [These words were substituted for the word 'Collector' by Maharashtra 5 of 1962, Section 286, Tenth Schedule.] or the officer authorised, as the case may be, shall forthwith report to the Commissioner every case occurring under this section and the Commissioner may revise or modify any order made therein, and make in respect thereof, any other order which [Standing Committee] [These words were substituted for the word 'Collector' by Maharashtra 5 of 1962, Section 286, Tenth Schedule.] could have made.
