MMCNPIT Act 156Chapter X · Recovery Of Municipal Claims

Section 156 · Sale of property distrained or attached, application of proceeds of sale

(1)

When the property seized is not subject to speedy and natural decay the property distrained or attached, or in the case of immoveable property a sufficient portion thereof, may unless the warrant is suspended by the Chief Officer or the sum due by the defaulter together with all costs incidental to the [* * *] [The word 'notice' was deleted by Maharashtra 10 of 2010, Section 99(1), (w.e.f. 1.6.2010.).], warrant, and distress or attachment and detention of the property, is paid, be, on the expiry of the time specified in the [bill] [This word was substituted for the word 'notice' by Maharashtra 10 of 2010, Section 99(2), (w.e.f. 1-6-2010).] served by the officer executing the warrant, sold by public auction [or by auction inviting sealed bids] [These words were inserted by Maharashtra 10 of 2010, Section 99(3), (w.e.f. 1-6-2010).] under the orders of the Chief Officer, and the proceeds or such part thereof as shall be requisite, shall be applied firstly in discharge of any sum due to the State Government in respect of such property and secondly in discharge of the sum due and of all incidental costs as aforesaid. Where the sum due to the Council together with the cost and a sum equal to five per cent. of the purchase money for payment to the purchaser is paid by the defaulter, before the confirmation of the sale, the attachment if any, of immoveable property shall be deemed to have been removed and movable property seized shall be returned to the defaulter. Sales of movable and immovable property under this section shall be held in the manner laid down in the rules framed in that behalf.

(2)

After sale of the property by auction as aforesaid, the Chief Officer shall put the person declared to be the purchaser in possession of the same and shall grant him a certificate to the effect that he has purchased the property to which certificate refers.

(3)

It shall be lawful for the Council to offer a nominal bid in the case of any immovable property put up for auction, provided the previous approval of the Collector is obtained to such bidding. [However, if the person, whose property has been acquired by the Council at a nominal bid, pays all his dues, including fine, if any, within six months from the date of such auction, the Council shall restore the property to him:Provided that, any expenses incurred or to be incurred in this behalf including those in respect of stamp duty paid or payable, if any, shall be borne by such person and that he shall not be entitled to any damages or compensation whatsoever in respect of such property.] [This portion was added by Maharashtra 18 of 1993, Section 26.]

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