(1) 1[The Sarpanch and in his absence the Panch] elected by the Gram Panchayat or authorised by the Block Development and Panchayat Officer in this behalf shall be responsible for the custody and charge of such movable or immovable property of the Gram Panchayat and such of its records as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), the Block Development and Panchayat Officer may, within a period of seven days prior to the publication of election programme of the Gram Panchayat or in the event of suspension or removal of 2[a Sarpanch or Panch, as the case may be, require, by a general or special order, a Sarpanch or a Panch, as the case may be,] to handover the records, registers and other property referred to in the said sub-section to the Social Education and Panchayat Officer or Gram Sachiv, who shall hold them in his custody on behalf of the Gram Panchayat and shall hand over the same to the person authorised for the custody of the record and property.
(3) If on a requisition made in this behalf by the Block Development and Panchayat Officer, any person within a period of ten days of such requisition2[ or within seven days of the publication of the election Schedule, whichever is earlier,] fails under sub-section (1) or sub-section (2), as the case may be, to hand over the prescribed records and registers and other property belonging to or vested in the Gram Panchayat to the Sarpanch 3[ * * * ] or Panch referred to in sub-section (1) or to the Social Education and Panchayat Officer or Gram Sachiv referred to in subsection (2) 2[and to get a certificate to that effect from the concerned Block Development and Panchayat Officer, the Block Development and Panchayat Officer shall apply to an Executive Magistrate within whose jurisdiction the sabha area is situated for securing from such person such records, registers and other property.
(4) On receiving an application under sub-section (3) the Executive Magistrate may, by a warrant, authorise any police officer not below the rank of a Sub-Inspector to enter and search any place where such records and registers and other property are kept or are believed to be kept and to seize them and the records, registers and other property as seized shall be handed over to the Sarpanch 4[ * * * ] 1 Substituted by Haryana Act 10 of 1999.
2 Inserted by Haryana Act 10 of 1999.
3 Omitted by Haryana Act 10 of 1999.
4 Omitted by Haryana Act 10 of 1999.
Custody of Gram Panchayat record property and liability to hand them over.
or Panch authorised by the Block Development and Panchayat Officer referred to in sub-section (1) or the Social Education and Panchayat Officer or Gram Sachiv referred to in sub-section (2), as the case may be.
(5) Whoever,wilfully evades under this section the handing over of the prescribed records and registers or other property belonging to or vested in the Gram Panchayat, shall on conviction by the Judicial Magistrate be punishable with imprisonment which may extend to six months, or with fine or with both notwithstanding anything to the contrary contained in this Act.
(6) The Judicial Magistrate shall not take cognizance of an offence under this section save on a complaint made by the Block Development and Panchayat Officer or such other officer as may be authorised in writing in this behalf by the Block Development and Panchayat Officer.