Section 438 in The Gujarat Provincial Municipal Corporations Act, 1949
438. Recovery of expenses of removals by Commissioner under certain sections.
(1)The expenses incurred by the Commissioner in effecting any removal under section 60, section 231 or sub-section (3) of section 239, or in the event of a written notice issued under sub-section (2) of section 226 or. sub-section (3) of section 227 or section 232 or sub-section (3) of section 244 or sub-section (3) of section 245 or section 264 or section 308 not being complied with, under section 479 and all other expenses and charges specified in sub-section (2), if any, shall, subject to the provisions of sub-section (2), be recoverable by the 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)If 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 and all such charges, if any, as the Commissioner may fix for the storage of the materials.(3)If the materials are not restored to the owner thereof under sub-section (2) they shall be sold by auction or otherwise disposed of as the Commissioner thinks fit:Provided that, if the materials are perishable, they may be sold or disposed of forthwith, and, if other than perishable, they shall be sold or disposed of as soon as conveniently may be after one month from the date of their removal whether the expenses of the removal and the charges, if any, for storage have in the meantime been paid or not and the proceeds, if any, of the sale of other disposal, shall, after defraying therefrom the costs of the sale or other disposal and, if necessary, of the removal and the charges for storage, be paid to the credit of the Municipal Fund, and shall be the property of the Corporation.
