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State of West Bengal - Section

Section 142 in West Bengal Municipal Act, 1993

142. Seizure and sale consequent on non-payment of toll.

(1)If the toll due on any vehicle, carriage, cart or animals is not paid on demand, the person authorized to collect the same may seize such vehicle, carriage, cart or animal, or any part of its load of sufficient value to defray the toll. and shall give immediate notice of such seizure to the Chairman.
(2)Upon such seizure, the Chairman shall forthwith issue a notice in writing that after the expiration of ten days, he will sell the property seized by auction at such place as he may state in the notice; and if any toll together with the cost arising from such seizure and custody remains undischarged for ten days after the issue of such notice, the Chairman may sell the property seized for the discharge of the toll and the expenses occasioned by such non-payment, seizure, custody and sale.
(3)if the load or sufficient part thereof consists of articles which are subject to speedy and natural decay or consists of livestock; such load or part thereof may forthwith be sold under the order of the Chairman. .
(4)The surplus sale-proceeds, if any, after realisation of all dues or expenses shall be credited to the Municipal Fund, and may be paid on demand to any person who establishes his right to the surplus sale-proceeds as aforesaid to the satisfaction of the Chairman:Provided that if, at any time before the sale has been concluded, the person whose property has been seized tenders to the Chairman or the officer appointed by him to sell the property the amount of all the expenses-incurred and the toll payable, the Chairman shall forthwith release the property seized.