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State of Kerala - Section

Section 439 in Kerala Municipality Act, 1994

439. Power of Secretary to use or sell materials of dangerous structure taken down, etc., and procedure when there is no owner or occupier.

(1)Where the Secretary takes down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof or removes any fruit by virtue of his powers under this Chapter, the Secretary may sell the materials or things taken down, cut down or removed , and apply the proceeds in or towards payment of the expenses incurred therefor.
(2)Where after reasonable inquiry, it appears to the Secretary that there is no owner or occupier to whom notice can be given under any section this Chapter, he may take such action as may appear to him to be necessary with regard to the property concerned and may meet the expenses incurred therefor by the sale of such property (not being land) or of any portion thereof.
(3)The Secretary may authorise any officer to seize any animal found straying in public roads and streets, whether licensed or not, causing obstruction to traffic or inconvenience to public and may dispose of the animal in the same manner provided for the disposal of impounded cattle under the Kerala Cattle Trespass Act, 1961 (26 of 1961):Provided that the Secretary may, if he deems fit summarily recover a fine not exceeding two hundred and fifty rupees for any animal seized as a condition for release.