Amendment status not verified — confirm the current text below against the official source.
(1) The Secretary or an officer of the Municipality authorised by the Secretary in this behalf or a Police Officer not below the rank of Sub-Inspector shall seize a vehicle or vessel carrying waste or excreta through public place or public road with the intention or preparation to commit an offence under this chapter or having reasonable cause to suspect that the vehicle or vessel is on its return after being used for such deposit, and shall produce before the Sub Divisional Magistrate having jurisdiction. (2) After conducting inquiry, if the Sub Divisional Magistrate is satisfied that there is reasonable ground to believe that the vehicle or vessel has been used for committing any offences under this chapter, the vehicle or vessel so seized may be confiscated, and in any other case, it shall be released. (3) No order confiscating any vehicle or vessel shall be made under this section unless the owner of such vehicle or vessel or the person from whom it is seized,-- (i) is given a notice in writing informing him, the grounds on which the vehicle or vessel is to be confiscated; and (ii) is given an opportunity of being heard against the ground of confiscation within such reasonable time as may be specified in the notice. (4) In cases where the vehicle or vessel seized contains waste, rubbish or excreta, the person seizing the vehicle or vessel, if he is not the Secretary, shall immediately inform the Secretary of such seizure, and the Secretary shall, without prejudice to any actions that may be taken under this chapter, take step to dispose of such waste, rubbish or excreta at the expense of the owner of the vehicle or vessel, and the Secretary shall recover the cost of such disposal together with a fine not exceeding five thousand rupees from the owner. (5) Where the vehicle or vessel is confiscated, it shall be auctioned and the amount so received shall be credited to the Waste Management Fund.] Substituted by ACT 6 OF 2024 published in K.G.Ext. No. 820 dt. 04/03/2024 (w.e.f. 19/12/2023). Prior to the Substitution it read as "Seizure confiscation of vehicle used for carrying filth or excreta.-- (I) The Secretary or an officer of the Municipality authorised by the Secretary in this behalf or a Police Officer not below the rank of a Sub-Inspector shall, seize a vehicle carrying filth or excreta through public place or public road with the intention or preparation to commit an offence under Section 340A or having reasonable cause to suspect that the vehicle is on its return after being used for such deposit, and shall after following such procedures' as may be prescribed produce before the Sub Divisional Magistrate having jurisdiction. (2) After conducting such inquiry and 'following such procedures as may be prescribed, the vehicle so seized may be released or confiscated, as the case may be. (3) Where the vehicle is confiscated, it shall be auctioned and the amount be credited to the Municipal Fund."