s 46A Disposal of moved vehicles, etc.
46A.—(1) Unless subsection (2) applies, any vehicle, boat, trailer, skip, dumpster or other thing, or any sign, shrine, altar or religious object and any resulting debris from the altering, demolition or removal of the sign, shrine, altar, religious object, shelter, structure or building, which is removed to and detained at a holding yard or other place under section 42B(1), 42C(1) or 46(4) (called in this section the removed material) —(a) must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the removed material is to be produced in any criminal trial in connection with an offence under this Act; (b) is deemed to be forfeited to the Board where any owner of the removed material consents to its disposal; or (c) in any other case, must be —(i) returned to the owner; or (ii) reported to a Magistrate’s Court, in which event sections 370, 371 and 372 of the Criminal Procedure Code 2010 then apply with the necessary modifications. (2) Despite subsection (1), where it appears to the Commissioner that any removed material —(a) is perishable; (b) may rapidly depreciate in value; or (c) is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Commissioner to retain custody of the removed material, the Commissioner may, instead of storing the removed material at a holding yard or other place and notifying the owner thereof, cause the removed material — (d) to be sold (by public auction or otherwise) at once; or (e) to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit. (3) If a person who appears, to the satisfaction of the Board, to be the owner of any removed material, and not to be a person in default with complying with the relevant notice or condition of approval in section 46(1), claims —(a) after that removed material has been sold, destroyed or disposed of under subsection (2); but (b) before the end of one year starting the date the removed material was removed under section 42B(1), 42C(1) or 46(4), whichever is applicable, the Board may compensate, out of the funds of the Board, the person for the loss of the removed material, less reasonable costs and expenses incurred by the Board in storing and selling, destroying or disposing of the removed material. (4) Subject to any order to the contrary by the Magistrate’s Court under the Criminal Procedure Code 2010, any removed material deemed forfeited under this section may be disposed of by the Board in any manner that the Board thinks fit. [Act 42 of 2022 wef 01/11/2024] —(1) Unless subsection (2) applies, any vehicle, boat, trailer, skip, dumpster or other thing, or any sign, shrine, altar or religious object and any resulting debris from the altering, demolition or removal of the sign, shrine, altar, religious object, shelter, structure or building, which is removed to and detained at a holding yard or other place under section 42B(1), 42C(1) or 46(4) (called in this section the removed material) —(a) must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the removed material is to be produced in any criminal trial in connection with an offence under this Act; (b) is deemed to be forfeited to the Board where any owner of the removed material consents to its disposal; or (c) in any other case, must be —(i) returned to the owner; or (ii) reported to a Magistrate’s Court, in which event sections 370, 371 and 372 of the Criminal Procedure Code 2010 then apply with the necessary modifications. (2) Despite subsection (1), where it appears to the Commissioner that any removed material —(a) is perishable; (b) may rapidly depreciate in value; or (c) is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Commissioner to retain custody of the removed material, the Commissioner may, instead of storing the removed material at a holding yard or other place and notifying the owner thereof, cause the removed material — (d) to be sold (by public auction or otherwise) at once; or (e) to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit. (3) If a person who appears, to the satisfaction of the Board, to be the owner of any removed material, and not to be a person in default with complying with the relevant notice or condition of approval in section 46(1), claims —(a) after that removed material has been sold, destroyed or disposed of under subsection (2); but (b) before the end of one year starting the date the removed material was removed under section 42B(1), 42C(1) or 46(4), whichever is applicable, the Board may compensate, out of the funds of the Board, the person for the loss of the removed material, less reasonable costs and expenses incurred by the Board in storing and selling, destroying or disposing of the removed material. (4) Subject to any order to the contrary by the Magistrate’s Court under the Criminal Procedure Code 2010, any removed material deemed forfeited under this section may be disposed of by the Board in any manner that the Board thinks fit.