Sale of immovable property

§514

Summary

514. (1) If the amount due is not paid within the period stated in sub-section (1) of section 513 the immovable property or a sufficient portion thereof may be sold by public auction by order of the 2[Municipal Commissioner] unless the warrant is suspended by him, or the sum due and the cost of recovery are paid by the defaulter and the 2[Municipal Commissioner] shall apply the proceeds or such part thereof as shall be requisite in discharge of the sum due and of the costs of recovery. (2) The surplus, if any, shall be forthwith credited to the 1[Corporation] Fund, but if the same be claimed by written application to the 2[Municipal Commissioner] within six months from the date of the sale, a refund thereof shall be made to the defaulter and any surplus not claimed within six months as aforesaid shall be the property of the 1[Corporation]. (3) Where the sum due and the costs of recovery are paid by the defaulter before a sale is effected, the attachment of immovable property shall be deemed to have been removed. (4) Sales of immovable property under this section shall be held in the manner laid down in the rules. (5) After sale of the immovable property as aforesaid, the 2[Municipal Commissioner] shall put the persons 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 the certificate refers. (6) It shall be lawful for the 2[Municipal Commissioner] on behalf of the 1[Corporation] to offer a nominal bid in the case of any immovable property put up for sale, provided the previous approval of the Executive Committee is obtained to such bidding. (7) The 2[Municipal Commissioner] may direct the removal from the immovable property by any police officer of any person who obstructs him in any action taken in pursuance of sub-section (5) and may also use such force as is reasonably necessary to effect entry on the said property.

514. (1) If the amount due is not paid within the period stated in sub-section (1) of section 513 the immovable property or a sufficient portion thereof may be sold by public auction by order of the 2[Municipal Commissioner] unless the warrant is suspended by him, or the sum due and the cost of recovery are paid by the defaulter and the 2[Municipal Commissioner] shall apply the proceeds or such part thereof as shall be requisite in discharge of the sum due and of the costs of recovery. (2) The surplus, if any, shall be forthwith credited to the 1[Corporation] Fund, but if the same be claimed by written application to the 2[Municipal Commissioner] within six months from the date of the sale, a refund thereof shall be made to the defaulter and any surplus not claimed within six months as aforesaid shall be the property of the 1[Corporation]. (3) Where the sum due and the costs of recovery are paid by the defaulter before a sale is effected, the attachment of immovable property shall be deemed to have been removed. (4) Sales of immovable property under this section shall be held in the manner laid down in the rules. (5) After sale of the immovable property as aforesaid, the 2[Municipal Commissioner] shall put the persons 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 the certificate refers. (6) It shall be lawful for the 2[Municipal Commissioner] on behalf of the 1[Corporation] to offer a nominal bid in the case of any immovable property put up for sale, provided the previous approval of the Executive Committee is obtained to such bidding. (7) The 2[Municipal Commissioner] may direct the removal from the immovable property by any police officer of any person who obstructs him in any action taken in pursuance of sub-section (5) and may also use such force as is reasonably necessary to effect entry on the said property.

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