Section 104:
Disposal of distrained property and attachment and sale of immovable property.
(1) When the property seized is subject to speedy and natural decay or when the expense of keeping it in
custody is, when added to the amount to be recovered, likely to exceed its value, the Chairperson shall
give notice to the person in whose possession the property was at the time of seizure that it will be sold at
once, and shall sell it accordingly by public auction unless the amount mentioned in the warrant is
forthwith paid.
(2) If the warrant is not in the meantime suspended by the Chairperson, or discharged, the property
seized shall, after the expiry of the period named in the notice served under sub-section (2) of section 103
be sold by public auction by order of the Chairperson.
(3) When a warrant is issued for the attachment and sale of immovable property, the attachment shall
be made by an order prohibiting the defaulter from transferring or charging the property in any way, and
all persons from taking any benefit from such transfer or charge, and declaring that such property would
be sold unless the amount of tax due with all costs of recovery is paid into the municipal office within
fifteen days from the date of the attachment.
(4) Such order shall be proclaimed at some place on or adjacent to such property by beat of drum or
other customary mode and a copy of the order shall be affixed on a conspicuous part of the property and
upon a conspicuous part of the municipal office and also, when the property is land paying revenue to the
Government, in the office of the collector.
(5) Any transfer of or charge on the property attached or any interest therein made without written
permission of the Chairperson shall be void as against all claims of the Council enforceable under the
attachment.
(6) The surplus of the sale-proceeds, if any, shall, immediately after the sale of the property, be
credited to the New Delhi Municipal Fund, and notice of such credit shall be given at the same time to the
person whose property has been sold or his legal representative and if the same is claimed by written
application to the Chairperson, within one year from the date of the notice, a refund thereof shall be made
to such person or representative.
(7) Any surplus not claimed within one year as aforesaid shall be the property of the Council.
(8) For every distraint and attachment made in accordance with the foregoing provisions, a fee of
such amount not exceeding two and a half per cent. of the amount of the tax due as shall in each case be
fixed by the Chairperson, shall be charged, and the said fee shall be included in the costs of recovery.