section 151
Sale of property diatrained or attached; application of proceeds of aale.
The Daman and Diu Municipalities Regulation 1994Infrastructure1994314 sections
Statutory text
- (1) When the property seized is not subject to speedy and natural decay, the property distrained or attached, or in the case of immovable property a sufficient portion thereof, may, unless the warrant is suspended by the Chief Officer or the sum due by the defaulter together with all costs incidental to the notice, warrant, and distress or attachment and detention of the property, is paid, be, on the expiry of the time specified in the notice served by the officer executing the warrant, sold by public auction under the orders of the Chief Officer, and the proceeds or such part thereof as shall be requisite, shall be applied firstly in discharge of any sum due to the Government in respect if such property and secondly in discharge of the sum due and of all such incidental costs as aforesaid. Where the sum due to the Council together with the cost and a sum equal to five per cent., of the purchasemoney for payment to the purchaser is paid by the defaulter, before the con£ irmation of the sale, the attachment, if any, of immovable property shall be deemed to have been removed and movable property seized shall be returned to the defaulter. Sales of movable and immovable property under this section shall be held in the manner laid down in the rules framed in that behalf. (2) After sale of the property by auction as aforesaid, the Chief Officer shall put the person declared to be the purchaser in possession of the same and shall grant him a certificate to the effect that he has purcahsed the property to which the certificate refers. (3) It shall be lawful for the Council to offer a nominal bid in the case of any immovable property put up. for auction, provided that the previous approval of the Director obtained to such bidqing.
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