MMCNPIT Act 336Chapter XXVI · Miscellaneous

Section 336 · Power of Collector to recover record and money

(1)

Where on information received, the Collector is of the opinion that any person, who, in his capacity as a President, Vice-President, Councillor or officer or servant of Council had in his custody any records, stores or money or other property belonging to the Council, inspite of the expiry of his term of office or his removal or suspension from office, as the case may be, has not delivered such records, stores, money or other property to his successor in the office, the Collector may by a written order require that the records, stores, money or other property so detained, be delivered to such successor within the time to be specified in such order.

(2)

If such President, Vice-President, Councilor, officer or servant of the Council fails to comply with the orders of the Collector under the foregoing sub-section, it shall be lawful for the Collector,-

(a)

for recovering any such money, so direct that such money may be recovered as an arrear of land revenue and on such direction being given by the Collector such money shall be recoverable as an arrear of land revenue from such person;

(b)

for recovering any such records or stores or other 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 VII of the [Code of Criminal Procedure, 1898.] [See now the Code of Criminal Procedure, 1973 (2 of 1974).]

(3)

No action shall be taken under this section, unless the person concerned has been given a reasonable opportunity to show cause why such action should not be taken against him.

(4)

The fact that action is or has been taken against an outgoing President or Vice-President under the provisions of this section shall not be a bar to the prosecution of such President or Vice-President under [sub-section (5)] [This was substituted for 'sub-section (4)' by Maharashtra 47 of 1973, Section 26.] of Section 57.

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