Section 162 in Uttarakhand Panchayati Raj Act, 2016
162. powers to transfer property.
- (A) (1) Subject to any restriction imposed by or under this Act, a Zila Panchayat a Kshettra Panchayat or Gram Panchayat may transfer by sale, mortgage, lease, gift, exchange or otherwise any property vested in it, not being property held by it in trust, the terms of which are inconsistent with the right so to transfer.(2)Notwithstanding anything contained in sub-section (1), a Zila Panchayat, Kshettra Panchayat or Gram Panchayat may, with the sanction of the State Government, transfer any property vested in it to the Government, but not so as to affect any trust or public rights to which the property is subjected.(B)(1) Whoever makes any encroachment on any land belonging to a Zila Panchayat in the territorial area of the Zila Panchayat, except construction of steps over drain in any public street, shall be punishable with simple imprisonment for a term which may extend to one year and with fine which may extend to two thousand rupees as may be prescribed.(2)An offence punishable under sub-section (1) shall be bailable and cognizable.(C)A Zila Panchayat or a Kshettra Panchayat may make compensation out of its fund to any person sustaining damage by reason of the exercise of any powers conferred or the performance of any duty imposed by or under this Act or any other enactment, by it or by any person acting on its behalf under this Act, and shall make such compensation where the person sustaining the damage was not himself in default.(D)(1) When special police protection is asked for from the State Government by a Zila Panchayat or a Kshettra Panchayat on the occasion of any fair, agricultural show or industrial exhibition managed by the Zila Panchayat or the Kshettra Panchayat or of a cattle market or cattle fair controlled and regulated by the Zila Panchayat or the Kshettra Panchayat, the State Government may provide such protection and the said Zila Panchayat or Kshettra Panchayat shall pay the whole charges thereof or such portion of such charges as the State Government consider equitably payable by it.(2)If the sum charged is not paid, the prescribed authority may make an order directing the person having the custody of the Zila Nidhi or the Kshettra Nidhi, as the case may be to pay the expense from such Nidhi and the person shall pay it accordingly.
