Section 161 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
161. Procedure in cases of non-payment of fee.
(1)If any fee imposed under sub-clause (ii) of clause (g) of section 157 is not paid on demand, any person appointed by the Chief Executive Officer to collect it may seize and detain such portion of the goods exposed or about to be exposed for sale by the person from whom the market fee is leviable, as will, in his opinion, suffice to defray the amount chargeable.(2)If any fee imposed under sub-clause (iii) of clause (g) of section 157 is not paid on demand, any person appointed by the Chief Executive Officer to collect it may seize and detain the animal in respect of which such fee is leviable.(3)All property seized under sub-section (1) or sub-section (2) shall be sent within twenty-four hours to such officer as the Chief Executive Officer may authorise in this behalf, and such officer shall forthwith give notice to the owner of the property seized or, if the owner is not known, or is not a resident of the village in which the market is situated, to the person who was in charge of the said property at the time when it was seized or, if such person cannot be found, publish by beat of drum that after the expiration of two days from the date of service or publication of such notice the property will be sold by auction at a place to be specified in the notice :Provided that, when the property seized is subject to speedy and natural decay, it shall be taken forthwith to the officer referred to above, and such officer shall proceed to sell it forthwith.(4)If at any time before the sale has begun, the amount due, together with all charges incurred in connection with the seizure, detention and publication by beat of drum is tendered to the officer referred to in sub-section (3), the property seized shall forthwith be released.(5)If no such tender is made, the property may be sold, and the proceeds of the same applied to the payment of-(a)the amount due on account of the fee, and(b)the charges incurred in connection with the seizure, detention, publication by beat of drum, and sale.(6)For the purposes of this section, any officer or any other person authorised by the Chief Executive Officer shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
