Section 5: Declaration of sale

5. Declaration of sale (1) No person authorised by law shall conduct a public auction sale of any movable property unless he has made a declaration to that effect to the Registrar-General not later than at 2 p.m. on the day before the sale. (2) In a district other than Port Louis, the declaration under subsection (1) shall— (a) be made to the Superintendent of Police of the district who shall transmit it to the Registrar-General within 24 hours; and [Issue 6] S4 – 2 (b) contain the name, description and place of residence of— (i) the person in charge of the sale; (ii) the person moving for the sale; and (iii) the owner of the property to be sold, together with a detailed description, item by item, of that property and particulars of the time and place of the sale. (3) The declaration shall be made on stamped paper, dated and signed by the person in charge of the sale and delivered in duplicate to the RegistrarGeneral or to the Superintendent of Police, as the case may be, who shall retain one copy and deliver the other copy duly signed by him to the person in charge of the sale and the declaration shall only be available to the owner of the property. (4) No declaration shall be necessary in the case of movable property belonging to the Government or of goods seized in contravention of an enactment. [S. 5 amended by Act 43 of 1993.]