Section 172: Sale of goods under warrant and application of proceeds
Uttar Pradesh Municipalities Act, 1916State Act of Uttar Pradesh · Act 2 of 1916
172. (1) When the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody together with the amount to be [recovered is likely to exceed its value, the [President], or other officer by whom the warrant was signed, shall at once give notice warrant was signed, shall at once give notice to the person in whose possession the property was seized to the effect that it will be sold at one, and shall sell it accordingly unless the amount named in the warrant be forthwith paid.
(2) If not sold at once under sub-section (1) the property seized or a sufficient portion thereof may, on the expiration of the time specified in the notice served by the officer executing the warrant, be sold by public auction under the orders of the Municipality, unless the warrant is suspended by the person who signed it or the sum due from the defaulter is paid together with all costs incidental to the notice, warrant and distress and detention of the property.
(3) The surplus, if any, shall be forthwith credited to the municipal fund, notice of such credit being given at the same time to the person from whose possession the property was taken ; but if the same be claimed by written application to the Municipality within one year from the date of the notice, a refund thereof shall be made to such person. Any sum not claimed within one year from the date of such notice shall be the property of the Municipality.
Sale of goods under warrant and application of proceeds
Jurisdiction
State of Uttar Pradesh
Status
In force as published by the source
How this provision has been amended
Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.
substituted, U. P. Act VII of 1949. Subs. for (Chairman) by sec. 61 of U. P. Act VII of 1949.
substituted. In accordance with section 2 (1) of Uttar Pradesh Municipalities (Supplementary and Validation) Act, 1951 (see Appendix to this Act), during the period commencing from June 21, 1949, and until a new board is constituted by the first General Elections held under the U. P. Municipalities Act, 1916, next after the commencement of this Act, for the word "President", occurring section in 169, the word…
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