(1) Where, the officer authorised in this behalf by the State Government is of the

1. (1) Where, the officer authorised in this behalf by the State Government is of the opinion that any person, who in his capacity as a member, officer, servant, or secretary of a panchayat had, in his custody any record, money or other property belonging to the panchayat is after his retirement, removal or suspension from office, as the case may be, not likely to deliver such record or property or pay such money, the officer so authorised may, by a written order, require that the record, property 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 property or pay the money as directed, the officer so authorised may cause him to be apprehended may send him with a warrant in such form as may be prescribed to be confined in a civil jail till he delivers the record or property or pays the money: Provided that no such person shall be so detained in confinement for a period longer than one calender month. Liabilities of members for loss, waste or misapplication. Power of authorised officer to recover record and money. 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 105 (3) It shall be lawful for the officer so authorised- (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 or property 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 7 of the Code of Criminal Procedure, 1973. (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. Explanation :- In the section the word “member” includes a Sarpanch, Upa-Sarpanch, President and Vice-President of a panchayat.

opinion that any person, who in his capacity as a member, officer, servant, or secretary of a panchayat had, in his custody any record, money or other property belonging to the panchayat is after his retirement, removal or suspension from office, as the case may be, not likely to deliver such record or property or pay such money, the officer so authorised may, by a written order, require that the record, property or money so detained be delivered or paid to the panchayat forthwith.

1. (2) If any such person as aforesaid shall not deliver the record or property or pay the money as directed, the officer so authorised may cause him to be apprehended may send him with a warrant in such form as may be prescribed to be confined in a civil jail till he delivers the record or property or pays the money: Provided that no such person shall be so detained in confinement for a period longer than one calender month. Liabilities of members for loss, waste or misapplication. Power of authorised officer to recover record and money.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 105

1. (3) It shall be lawful for the officer so authorised-
   • (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 or property 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 7 of the Code of Criminal Procedure, 1973.
2. (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. Explanation :- In the section the word “member” includes a Sarpanch, Upa-Sarpanch, President and Vice-President of a panchayat.