Bare ActsThe Goa Municipalities Act, 1968

Section 321

Power of Collector to recover record and money

Amendment status not verified — confirm the current text below against the official source.

Power of Collector to recover record and money.— (1) Where on information received, the Director is of the opinion that any person, who in his capacity as a 452[ Chairperson], 453[Vice-Chairperson], Councillor, or officer or servant of a 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 Director 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 454[Chairperson], 455[Vice-Chairperson], Councillor, or officer or servant of the Council fails to comply with the order of the Director under the foregoing sub- -section, it shall be lawful for the Director,— (a) for recovering any such money, to direct that such money may be recovered as an arrear of land revenue and on such direction being given by the Director 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, 1973 456[“(Central Act 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. 437 452 Substituted by the Amendment Act 13 of 1994. 453 Substituted by the Amendment Act 13 of 1994. 454 Substituted by the Amendment Act 13 of 1994. 455 Substituted by the Amendment Act 13 of 1994. 456 Substituted by the Amendment Act 13 of 1994. Manual of Goa Laws (Vol. III) – 438 – Municipality Act (4) The fact that action is or has been taken against an outgoing 457[Chairperson] or 458[Vice-Chairperson] under the provisions of this section shall not be a bar to the prosecution of such 459[Chairperson] or 460[Vice-Chairperson] under sub-section (4) of section 58.

Section 321 – The Goa Municipalities Act, 1968 | DailyLaw.ai