Section 37 in The Chennai Metropolitan Water Supply and Sewerage Service Charges (Levy and Collection) Regulations, 1998
37.
(i)If the amount due by the defaulter on account of water supply and sewerage service charges the warrant fee, distraint fee and the expenses incidental to the detention of the property are not paid within the time prescribed, under proviso to Regulation 35 and if the distraint warrant is not suspended by the authorised authority, the property seized or sufficient portion thereof shall be sold by public auction under the orders of the authorised authority who shall apply the proceeds of the sale to the payment of the amount due on account of the charges due, the warrant fee and the distraint fee and the expenses incidental to the detention and sale of the property, and shall return to the person in whose possession the property, was at the time of seizure any property or some which may remain after the sale and application of the proceeds thereof as aforesaid if application is made by such person within the time prescribed from the date of sale. If no such application is made, the property of some so remaining shall be forfeited to the Board. If the proceeds of the sale are insufficient for the payment of the amount due on the account of the water supply and sewerage service charges, the warrant fee and distraint fee and the expenses incidental to the detention and sale of the property, the authorised authority may again proceed under Regulations 33 and 34 of this part in respect of the sum remaining unpaid. -(ii)When the property seized is perishable or subject to speedy natural decay or if the expenses of keeping it together with the water supply and sewerage service charges due shall exceed the value of the property, the authorised authority may sell it at any time before the expiry of the same period of the time prescribed unless the amount is sooner paid.(iii)The authorised authority shall consider any objection to the distraint of any property which are made within the same period of the time prescribed and may postpone the sale pending investigation thereof, if the authorised authority decide that the property attached was not liable to distraint, he shall return it or if it has already been sold the proceeds of the sale to the person appearing to the entitled thereto and may again proceed under Regulations 33 and 34 and all feesand expenses connected with the first distraint and sale shall be recoverable from the defaulter if it shall appear to the authorised authority that he wilfully permitted the distraint of the property when his knowledge was not liable to distrain.
