Amendment status not verified — confirm the current text below against the official source.
(1) Where any person, without the previous permission of a Panchayat, possesses any land belonging to or vested in it or under its control, the person so possessing the land shall be liable to pay in respect of such possession an amount by way of fine as may be demanded by the Panchayat from time to time, subject to such limits as may be prescribed: Provided that before demanding any amount from a person under this sub-section, the Panchayat shall give him an opportunity to show-cause against such demand. (2) Where a person makes default in payment of any amount under sub-section (1), the Magistrate having jurisdiction over the area of the Panchayat may, on application by the Secretary, recover that amount in the same manner as if it is a fine imposed by the Court. (3) (a) Any person unauthorisedly possessing any land for which he is bound to pay a fine under sub-section (1) in respect of such possession, may be summarily evicted by the Secretary and any crops or other product cultivated in the land shall be subjected to forfeiture and any building or structure erected therein or anything deposited thereon shall also, if not removed by him after such written notice as the Secretary deems to be reasonable, be subjected to forfeiture and any property so forfeited shall be disposed of by the Secretary in accordance with such procedure as the Panchayat may direct. (b) A notice shall be served to a person who is in possession of any land unauthorisedly or his agent, requiring him to vacate the land within such time as the Secretary may deem reasonable after receipt of the notice and if such notice is not obeyed, any person who may refuse to vacate shall be removed or a subordinate officer shall be deputed to remove him and if the officer removing any such person is resisted or obstructed by any person, the Secretary may report the fact to the Collector and thereupon the Collector shall hold a summary enquiry into the case and if satisfied that the resistance or obstruction still continues, may issue a warrant for the arrest of the said person and, on his appearance may send him, with a warrant, in such form as may be prescribed, for imprisonment in the civil jail for such period, not exceeding thirty days as may be necessary to prevent the continuance of such obstruction or resistance. Provided that no person so committed for imprisonment under this section shall be liable to be prosecuted under Sections 183, 186 and 188 of the Indian Penal Code, 1860 (Central Act 45 of 1860) in respect of the same facts.] Inserted by Act 23 of 2013 (w.e.f. 25/11/2012).