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State of West Bengal - Section

Section 142 in Siliguri Municipal Corporation Act, 1990

142. Distress.

(1)It shall be lawful for any officer or other employee of the Corporation to whom a warrant issued under this Chapter is addressed to distrain, wherever it may be found in any place in Siliguri any movable property belonging to the person therein named as defaulter subject to the following condition, exception and exemptions, namely:-
(a)the following property shall not be distrained:
(i)the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils;
(ii)tools of artisans;
(iii)books of accounts;
(b)the distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under warrant, and if any property has been distrained which, in the opinion of the Chief Executive Officer, should not have been distrained, it shall forthwith be released.
(2)The person charged with the execution of a warrant shall in the presence of two witnesses forthwith make an inventory of the property which he seizes under such warrant, and shall, at the same time, give a written notice in such form as may be specified by the Corporation by regulations to the person in possession thereof at the time of seizure that the said property will be sold as therein mentioned.
(3)If there is reason to believe that any property seized under a warrant of distress issued under section 141, if left in the place where it is found is likely to be removed by force, the officer executing the warrant may take it to the office of the Corporation or to any place appointed by the Chief Executive Officer,