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State of Maharashtra - Section

Section 179 in The Maharashtra Village Panchayats Act, 1959

179. Power of Collector to recover record ana money.

(1)Where on an application of Panchayat [or otherwise] [These words were inserted by Maharashtra 43 of 1962 Section 26 Schedule.] the Collector is of the opinion that any person, who in his capacity [as a, Upa-Sarpanch, member.] [These words were substituted for the words 'as a member' by Maharashtra 43 of 1962, Schedule.] officer, servant or secretary of a Panchayat had in his custody any record or money belonging to the Panchayat is [on his vacating or ceasing to hold, his office for any reason whatsoever,] [These words were substituted for the words 'on the expiry of his term of office or, after his removal' by Maharashtra 36 of 1965, Section 75.] 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 required that the record or money so detained be delivered or paid to 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 arrears 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 warrants 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 [Code of Criminal Procedure, 1989.] [See now the Code of Criminal Procedure, 1973 (2 of 1974).]
(4)No action under sub-section (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.