Section 127 in The Gujarat Municipalities Act, 1963
127. Power to seize vehicle or animal on non-payment of [***] [The words 'Octroi or' were deleted by Gujarat 14 of 2001, section 7(4).] toll.
- [(1) In the case of non-payment on demand of any toil leviable by a municipality, any person appointed to collect such toll may seize any vehicle or animal on which the toil is chargeable or any part of the burden on 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 specified in Schedule VI:] [Sub-section (1) was substituted by Gujarat 14 of 2001, section 7(1).](2)Power to sell property seized at once. - When any property seized is subject to speedy decay, or when expense of keeping it together with the amount of the [*] [The words 'Octroi or' were deleted, by Gujarat 14 of 2001, section 7(2).] 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 sole accordingly unless the amount of [*] [The words 'Octroi or' were deleted, by Gujarat 14 of 2001, section 7(2).] toll determined be forthwith paid.(3)Release of property on payment. - 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 [***] [The words 'Octroi or' were deleted, by Gujarat 14 of 2001, section 7(2).] toll payable, the Chief Officer shall forthwith deliver to him the property seized.(4)Sale. - 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 [***] [The words 'octroi or' were deleted, by Gujarat 14 of 2001, section 7(3).] toll and the expenses incidental to the seizure, detention and sale.(5)Surplus how dealt with. - 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 municipality.
