KGST Rules 34AChapter V · Inspection of Business Places and Accounts and Establishment of Check Post

Section 34A · Mode of disposal of seized properties

(1)

An Officer seizing the goods under sub-section (8A) of Section 28 or under sub section (14) of section 29A shall cause to be published in the notice board of his office, a notice under his signature specifying the details of goods seized and intended for sale, the place and the day and hour at which the seized goods will be sold and shall display copies of such list and notice in more than one public place in or around the place in which the goods were found.

(2)

No sale shall take place before the expiry of a period of fifteen days from the date on which the notice is affixed.

(3)

The Officer who seized the goods shall conduct the auction in person and the goods shall be made available at the place of sale.

(4)

At the appointed time the goods shall be put in one or more lots as the officer conducting the sale may consider advisable and shall be knocked down in favour of the highest bidder subject to confirmation of sale by the Inspecting Assistant Commissioner where the value of the goods auctioned does not exceed five thousand rupees and by the Deputy Commissioner in other cases.

(5)

The auction purchaser shall pay the sale value of the goods including sales tax applicable, in cash immediately after the sale and he shall not be permitted to carry away the goods unless the amounts are paid in full.

(6)

Where the purchaser fails to pay the sale value of the goods in cash, the goods shall be resold at once and the defaulting purchaser shall be liable for any loss arising there from as well as the expenses incurred on the resale.

(7)

Notwithstanding anything contained in the foregoing sub-rules, if the goods seized are of a perishable nature or subject to speedy and natural decay or when the expenses of keeping them in custody are likely to exceed their value, the goods, shall be sold by the Officer seizing them immediately after such seizure.

(8)

Where the appellate or revisional authority orders any refund of the sale proceeds of the goods seized and sold in auction, the same shall be made after deducting any tax to be collected and remitted to Government in accordance with section 22 of the Act and any charges incurred in connection with the auction sale.

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