Section 675 in The Orissa Municipal Corporation Act, 2003
675. Expenses recoverable under this Act to be payable on demand and if not paid on demand may be recovered as an arrear of property tax.
(1)Whenever under this Act, or any rules or bye-laws made thereunder the expenses of any work executed or of any measure taken or thing done by or under the authority of the Commissioner or of any Corporation Officer empowered under Section 30 in this behalf, are payable by any person the same shall be payable on demand and if the expenses are not paid on demand, it shall be recoverable by the Commissioner subject to the provisions of this Act by distress and sale of the goods and chattels of the defaulter, as if the amount thereof were a property tax due by the said defaulter.(2)If the expenses are due in respect of some work executed or thing done or in connection with some building or land or of same measure taken with respect to some work executed or thing done or measure taken for giving effect to any requisition or order made under Sub-section (2) of Section 530 and the defaulter is the owner of such building or land or of the premises referred to in said Section, as the case may be, the amount thereof may be demanded from any person who at any time, before the said expenses have been paid, occupied the said building or land or premises under the said owner; and in the event of the said person failing to pay the same they may be recovered, by distress and sale of the goods and chattels of the said person as if the amount thereof were a property tax payable by him :Provided that -(i)unless the said person neglects or refuses, at the request of the Commissioner truly to disclose the amount of the rent payable by him in respect of the said building, land or premises and the name and address of the person to whom the same is payable, the said person shall not be liable to pay on account of the said expenses any large sum, than up to the time and demand, is payable by him to the owner on account of rent of the said building, land or premises;(ii)the said person shall be entitled to credit in account with the owner for any sum paid by or recovered from him on account of the said expenses; and(iii)nothing in that section shall affect any agreement made between the said person and the owner of the building, land or premises in his occupation respecting the payment of the expenses of any such work, thing Or measure as aforesaid.(3)Instead of recovering any such expenses as aforesaid in any manner hereafter provided, the Commissioner may, if he thinks fit and with the approval of the Standing Committee take an undertaking from the person liable for the payment thereof to pay the same in installments of such amounts and at such intervals as will secure the payment of the whole amount due with interest thereon, at such rate not exceeding nine per centum per annum as the Standing Committee may fix from time to time, within a period of not more than five years.
