Section 1
. Subs. by sec. 61 of by U. P. Act No. 09 of 1994.
1 . Subs. by sec. 61 of by U. P. Act No. 09 of 1994.
Sale of goods under warrant and application of proceeds
Procedure in case of execution against property outside the rural area
Fees and costs
Saving
Alternative power of bringing suit or recovering as arrears of land revenue the property was taken. If the amount so remitted is returned to the 1 [Zila Panchayat] by the post office it shall be credited to Zila Nidhi, notice of such credit being given at the same time to the said person, and, if the same be claimed by written application to the 1 [Zila Panchayat] within one year from the date of the service of the notice, a refund thereof shall be made to such person. Any sum not claimed within one year from the date of service of such notice shall be the property of 1 [Zila Panchayat] .
(1) If no sufficient movable property belonging to a defaulter can be found within the rural area, the district magistrate may, on the application of the 1 [Zila Panchayat], issue his warrant to an officer of his court —
(a) for the distress and sale of any movable property or effect belonging to a defaulter within any other part of the jurisdiction of the magistrate, or
(b) for the distress and sale of any movable property, belonging to the defaulter within the jurisdiction of any other magistrate exercising jurisdiction within Uttar Pradesh.
In the case of action being taken under clause (b) of subsection (1) the other magistrate shall endorse the warrant so issued and cause it to be executed, and any amount recovered to be remitted to the magistrate issuing the warrant, who shall remit the same to the 1 [Zila Panchayat] .
A fee for every notice issued under section 150 and distress made under section 153 or 155 and the cost of maintaining any livestock seized under the said sections shall be chargeable at the rates respectively specified in such behalf in rules made by the State Government and shall be included in the costs of recovery to be levied under section 151.
No distress or the sale made under this Act shall be deemed unlawful, nor any person making the same be deemed a trespasser on account of an error, defect or want of form in the bill, notice, warrant of distress, inventory or other proceeding relating thereto.
(1) Instead of proceeding by distress and sale or in case of failure to realize thereby the whole or any part of the demand, the 1 [Zila Panchayat] may sue the person liable to pay the same in any court of competent jurisdiction.
In the case of an arrear of tax on Circumstances and Property a 1 [Zila Panchayat] may in addition to the power to take recourse to the provisions of section 148 or sub-section (1) of this section, but subject to and in accordance with rules made in this behalf recover them as arrears of land revenue.
Recovery of rent on land
Where any sum is due on account of rent from a person to a 1 [Zila Panchayat] in respect of the land vested in or entrusted to the management of the 1 [Zila Panchayat], the 1 [Zila Panchayat] subject to and in accordance with rules made in this behalf may recover any such arrear as arrear of land revenue.
Recovery of rent for other immovable property
Recovery of dues of 1 [Kshettra Panchayats]
Definition
Limitation to application of certain sections of this Chapter
Any arrears due on account of rent from a person to the 1 [Zila Panchayat] in respect of immovable property, other than land vested in or entrusted to the management of the 1 [Zila Panchayat], shall be recovered in the manner provided in section 148.
Any sum due to a 1 [Kshettra Panchayat] under this Act or under any rule or bye-law made thereunder and declared by this Act or such rule or bye-law to be recoverable in the manner provided by this chapter shall, mutatis mutandis, be recovered as provided in this chapter.
CHAPTER — IX
POWERS AND PENALTIES IN RESPECT OF BUILDINGS, PUBLIC DRAINS AND STREETS, ETC.
Regulation of Building