(1) Notwithstanding anything contained in any other law for the time being in force, where the Enforcement Officer or any officers of Police not below the rank of Assistant Inspector of Police or any officer of the Motor Vehicles Department not below the rank of Assistant Inspector of Motor Vehicles or any officer of the State Government authorized in this behalf is satisfied, on a report by any person, or otherwise, that the placement or positioning of any vehicle, on a public road or the movement of vehicles on a public road is likely to cause accident or cause obstruction to the free flow of traffic or distract the attention, or obstruct the vision of 2018 : Guj. 1 ] The Gujarat Road Safety Authority Act, 2018. 9 the driver of any vehicle or vehicle used without the third party insurance or carrying of goods in a manner dangerous to public or carrying overload goods in such a way to create or likely to create danger to public safety on road, he may –
(i) seize the vehicle, in the prescribed manner and for this purpose take or cause to be taken such steps as he may consider proper for the temporary safe custody of the vehicle; or
(ii) instead of seizing the vehicle, seize the certificate of registration of such vehicle and shall issue an acknowledgement in respect thereof.
(2) Where a motor vehicle has been seized under sub-section (1), the owner or person in-charge of the motor vehicle may apply to the officer as referred to in sub-section (1), alongwith the relevant documents and such fees as may be specified by the State Government by notification in Official Gazette for the release of such vehicle and such officer may, after verification of such documents, by making an order, release the vehicle subject to such conditions, as he may deem necessary to impose:
Provided that the different fees may be specified for different vehicles and different purposes.
(3) Notwithstanding anything contained in this section, if any vehicle seized under sub-section (1) shall lie with the authority for more than two months due to non-attempt of the releasing such vehicle or no one applies to release such vehicle, or, if any vehicle seized three times under sub-section
(1), the officer as referred to in sub-section (1), may forfeit the vehicle in the name of the State Government after giving an opportunity of being heard to the owner or a person in possession or control of such vehicle.
(4) The vehicle so forfeited may be auctioned by the forfeiting officer as may be determined by the Authority.
(5) The income generated from the auction shall be deposited in the fund of the Authority.