Penalty for refusal to hand over charge to new Chairman or Deputy

Chairman.— (1) On the election of a new Chairman or Deputy Chairman, the outgoing Chairman in whose place the new Chairman is elected shall

8[in cases falling under sub-section (1) of section 75, hand over charge forthwith and in any other case, shall] hand over charge of his office to the new Chairman as soon as possible after the first meeting of the Parishad referred to in sub-section (2) of

Sub-section (7) was substituted by Mah. 9 of 1994, s. 3(2). These words were substituted for the words “six months” by Mah. 16 of 2001, s. 4. These words were substituted for the words “tender an explanation” by Mah. 43 of 1962, s. 11. This portion was inserted by Mah. 34 of 1997, s. 9. This proviso was inserted by Mah. 21 of 1994, s. 65. Sub-section (2) was substituted for the original by Mah. 6 of 1975, s. 19. Section 75A was inserted by Mah. 35 of 1963, s. 29. These words, brackets and figures were inserted by Mah. 43 of 1964, s. 13.

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 67

Samitis Act, 1961 section 67 and the Deputy Chairman shall forthwith hand over charge of his office to such new Deputy Chairman.

1. (2) If the outgoing Chairman or Deputy Chairman fails or refuses to hand over charge of his office as required by sub-section (1), the State Government or any authority empowered by the State Government in this behalf may, by order in writing, direct the Chairman or the Deputy Chairman, as the case may be, to forthwith hand over charge of his office and all papers and property of the Panchayat Samiti, if any, in his possession as such Chairman or Deputy Chairman, to the new Chairman or Deputy Chairman.
2. (3) If the outgoing Chairman or Deputy Chairman to whom a direction is issued under sub-section (2) does not comply with such direction, the State Government may take steps to recover all papers and property of the Panchayat Samiti, if any, in the possession of such Chairman or Deputy Chairman and for that purpose the State Government may authorise any officer to issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1898 (V of 1898). The papers and property so recovered shall be handed over to the new Chairman or the Deputy Chairman, as the case may be.
3. (4) If the outgoing Chairman or Deputy Chairman to whom a direction is issued under sub-section (2) does not comply with such direction, otherwise than for reasons beyond his control, he shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees, or with both.]