Power to seize vehicle or animal or goods for non-payment of octroi or toll and to dispose of seized property.

The Daman and Diu Municipalities Regulation 1994

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Statutory text

(1) In the case of non-payment on demand of any toll leviable by a Council, any person appointed to collect such toll may seize any vehicle or animal on which the toll is chargeable, or any part of the burden of such vehicle or animal which is of sufficient value to satisfy the demand, and may detain the same. He shall thereupon give the person in possession of the vehicle, or animal seized, a list of the property together with a written notice in the form of Schedule VI.
(2) When the expense of keeping the property seized together with the amount of the toll chargeable is likely to exceed its value, the person seizing such property may inform the person in whose possession it was that it will be sold at once; and shall sell it or cause it to be sold accordingly unless the amount of toll demanded be forthwith paid.
(3) If at any time before a sale has begun, the person from whose possession the property has been seized, tenders at the municipal office the amount of all expenses incurred and of the toll payable, the Chief Officer shall forthwith deliver to him the property seized.
(4) If no such tender is made, the property seized may be sold, and the proceeds of such sale shall be applied in payment of such toll, and the expenses incidental to the seizure, detention and sale.
(5) The surplus, if any, of the sale-proceeds shall be credited to the municipal fund, and may, on application made to the Chief Officer in writing within three years next after the sale, be paid to the person in whose possession the property was when seized, and if no such application is made, shall be the property of the Council.

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