Public Auction - Clarification

Public Auction - Clarification
Office of the Transport Commissioner – Chennai L.no 43779/D1/2001 Dt 20/05/2002 (Circular No 25/2002)
Points for Clarification	Reply by the department
Whether the vehicles seized has to be confiscated as Govt. property before taking action to auction the vehicle as done in Forest Department	The detention of vehicle can not be quated to the offences of Forest Department. So, confiscation can not be done, it is only a temporary detention of vehicle till the tax amount is paid. The vehicle may be handed over if this amount due has been fully paid before the auction. As per Section 16 of TNMVT Act 1974. if the motor vehicle in respect of which the tax or penalty is due or its accessories might be distrained and sold in pursuance of this section. Whether or not such vehicle or accessories are in possession or control of the person liable to pay the tax or such penalty
If a owner of a vehicle absconded, or not known to ascertain the tax due and not claimed the vehicle, how the tax due has to be calculated to recover the arrears.	If the vehicle is a transport vehicle. The R.T.O may ascertain the amount of tax due from the R.T.O who issued the permit. If this is not possible when the vehicle is not covered by any permit and the owner is not forthcoming for the release of the vehicles with sufficient proof of payment of tax, possible step has to be taken to find out the owner and also the details of permit, tax etc., from the concerned ‘B’ register and then to proceed further in this regard. If the vehicle is a non-transport vehicle (Motor cycle) registered before 1.4.89 tax plus penalty has to be calculated from the date of registration of the vehicle.
If the vehicle is detained for payment of smaller compounding fees only and the vehicle is not claimed by anybody. Whether the vehicle can be sold by auction.	The new provision is to action the vehicles where the tax has not been paid, So, this provision can not be invoked in such cases.
How the value of the vehicle is to be arrived at whether any committee is to be formed for fixing the value of the vehicle	A committee is already in existence, consisting of the Assistant Engineer, M.V.M Department, foremen of that Department, and the senior Motor Vehicles Inspector in each district to fix the value of Govt. vehicles for condemnation. The same committed may be requested to fix the value of the vehicle. The Govt will be addressed to issue suitable instructions to the Director, M.V.M.D in this regard
If the vehicles is sold in public auction, whether duplicate certificate of registration can be considered as per rule 113A of TNMV Rules 1989	Sec 50(2)(b) of MV Act 88 Rule 57 of C.M.V. Rules 1989 and Rule 113-A of TNMV Rules will apply for the transfer of ownership of the vehicle and for the issue of duplicate certificate of registration also.
If the vehicle is covered by HP agreement, whether the amount due to HP company has to be settled by this department.	This department is not a mediator to HP company. If any amount is left over in excess of the amount due and if proper claim ism made by the HP company, the excess amount may be handed over to the company with due intimation to the owner of the vehicle.
If the vehicle is sold in public auction and then if the owner of the vehicle prefers an appeal before the count, how can the case be dealt with	The question of reference will be based on the affidavit filed in support of the case, the procedure as contemplated in Rule 9-A has to be followed without any deviation. The case can be fought on the merits of the case.
Whether the vehicles lying for a long period, without knowing the reasons for impounding or tax due are not known whether the vehicles can be sold as a scrap and sale amount whatsoever can be credited in Govt account	This can be done in past cases. Detailed instructions were already issued vide this office memo No 4129/V1/97 dated 10.10. 97 to maintain a consolidated seized vehicle register. This register should be verified and items rounded, whenever the vehicle is released so as to find out the vehicles not so for released at a point of time.
How the expenses, incidental to the salse of the vehicle can be arrived.	Rule 9A(2)(i) may be followed to meet the incidental expenses arising out of this auction. Initially the expenses arising out of this auction should be met by the R.T.O and got refunded at a later date.