Section 144 in The Himachal Pradesh Panchayati Raj Act, 1994
144. Power to recover records and articles.
(1)Where the prescribed authority is of the opinion that any person has retained unauthorisedly in his custody any record or article [*] [The word 'or money' omitted by Act 15 of 2010.] belonging to the Panchayat, he may, by a written order require that the record or article [*] [The word 'or money' omitted by Act 15 of 2010.] be delivered or paid forthwith to the Panchayat, in the presence of such officer as may be appointed by the prescribed authority in this behalf.(2)If any person fails or refuses to deliver the record or article or pay the money as directed under sub-section (1), the prescribed authority may report the matter to the Magistrate and on receipt of such report the Magistrate may cause such a person to be apprehended and may send him in a Judicial lock-up for a period not longer than fifteen days.(3)The Magistrate may -[***] [Clause (a) omitted by Act No 15 of 2010.](b)for recovering any such record or articles issue a search warrant and 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, 1973 (2 of 1974).(4)No action under sub-sections (1) or (2) or (3) shall be taken unless a reasonable opportunity has been given to the person concerned to show cause why such action should not be taken against him.(5)A person against whom an action is taken under this section shall be disqualified to be an office bearer of any Panchayat for a period of six years commencing from the initiation of such action.
