Expenses recoverable under the Act to be payable on demand, and if not paid on demand may be recovered as arrear of property tax

§522

Summary

522. (1) Whenever under this Act, or any rule, regulation or bye-law, the expenses of any work executed or of any measure taken or thing done by or under the order of the 2[Municipal Commissioner] or of any 1[Corporation] officer empowered under section 119 in this behalf are payable by any person, the same shall be payable on demand. (2) If not paid on demand, the said expenses shall be recoverable by the 2[Municipal Commissioner] subject to the provisions of sub-section (4) of this section and sub-section (3) of section 481 by distress and sale of the movable property or attachment and sale of the immovable property of the defaulter, as if the amount thereof were a property-tax due by the said defaulter. (3) if, when the 2[Municipal Commissioner] demands payments of any expenses under sub-section (1), his right to demand the same or the amount of the demand is disputed, or if, in the case of expenses incurred by the 2[Municipal Commissioner] in taking temporary measures under sub-section (2) of section 308, the necessity for such temporary measures is disputed, the 2[Municipal Commissioner] shall refer the case for the determination of the Judge. (4) Pending the Judge’s decision the 2[Municipal Commissioner] shall defer further proceedings for the recovery of the sum claimed by him, and after decision, shall, subject to the provisions of section 481, proceed to recover only such amount, if any, as shall be thereby determined to be due.

522. (1) Whenever under this Act, or any rule, regulation or bye-law, the expenses of any work executed or of any measure taken or thing done by or under the order of the 2[Municipal Commissioner] or of any 1[Corporation] officer empowered under section 119 in this behalf are payable by any person, the same shall be payable on demand. (2) If not paid on demand, the said expenses shall be recoverable by the 2[Municipal Commissioner] subject to the provisions of sub-section (4) of this section and sub-section (3) of section 481 by distress and sale of the movable property or attachment and sale of the immovable property of the defaulter, as if the amount thereof were a property-tax due by the said defaulter. (3) if, when the 2[Municipal Commissioner] demands payments of any expenses under sub-section (1), his right to demand the same or the amount of the demand is disputed, or if, in the case of expenses incurred by the 2[Municipal Commissioner] in taking temporary measures under sub-section (2) of section 308, the necessity for such temporary measures is disputed, the 2[Municipal Commissioner] shall refer the case for the determination of the Judge. (4) Pending the Judge’s decision the 2[Municipal Commissioner] shall defer further proceedings for the recovery of the sum claimed by him, and after decision, shall, subject to the provisions of section 481, proceed to recover only such amount, if any, as shall be thereby determined to be due.

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