Section 674 in The Orissa Municipal Corporation Act, 2003
674. Recovery of expenses by removal by the Commissioner under Sections 407, 415, 459 and 537.
(1)The expenses incurred by the Commissioner, in effecting any removal under Section 407 or Sub-section (3) of Section 415 or in the event of a written notice issued under Section 408 or Section 459 or 537 not being complied with under Section 673, shall be recoverable by sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be paid by the owner of the said materials.(2)Where the expenses of removal are in any case paid before the materials are sold, the Commissioner shall restore the materials to the owner thereof on his claiming the same at any time before they are sold or otherwise disposed of, and on his paying all other expenses, if any, incurred by the Commissioner in respect thereof or in respect of the intended sale or disposal thereof.(3)If the materials are not claimed by the owner thereof, they shall be sold by auction or otherwise disposed of as the Commissioner think fit, if perishable, forthwith and if other than perishable, as soon as conveniently may be after one month from the date of their removal whether the expenses of the removal have in the meantime been paid or not and the proceeds, if any, of the sale.or not and the proceeds, if any, of the sale or other disposal shall, after defraying therefrom the costs of the sale or other disposal, and if necessary of the removal, be paid to the credit of the Corporation fund, and shall be the property of the Corporation.
