Section 44C of The inland vessels act, 1917
1[44C. Recovery of expenses of removal.--If the owner of any such timber, raft or other thing, or the person who has caused any such obstruction, impediment or public nuisance, neglects to pay the reasonable expenses incurred in the removal thereof, within one week after demand or within fourteen days after such removal has been notified in the Official Gazette or in such other manner as the State Government may, by general or special order direct, the competent officer may cause such timber, raft or other thing or the materials of any public nuisance so removed, or so much thereof as may be necessary, to be sold by public auction and may retain all the expenses of such removal and sale out of the proceeds of the sale, and shall pay the surplus of such proceeds or deliver so much of the thing or materials as may remain unsold, to the person entitled to receive the same and if no such person appears, shall cause the same to be kept and' deposited in such manner as the State Government directs, and may, if necessary, from time : to time, realise the expenses- of keeping the same, 'together with the expenses .of sale, or further sale of so much - of the thing or materials as may' remain unsold.]
Summary
- The official in charge can sell an obstruction to pay for the cost of removing it.
- Owners have one week to pay the costs after a direct demand is made.
- If the demand is published in the Official Gazette, the owner has fourteen days to pay.
- Any extra money left after the sale and expenses must be given back to the owner.
- If no owner comes forward, the state decides how to store the remaining items or money.
Practical examples
FAQ
1. How long do I have to pay for removal costs under The inland vessels act, 1917, Section 44C?
Under Section 44C of the Act, you must pay within one week of a direct demand or within fourteen days if the notice was published in the Official Gazette.
2. What happens to the extra money from an auction under Section 44C of the inland vessel laws?
Section 44C of the Act states that the official must pay the surplus proceeds from the sale to the person entitled to receive them after all expenses are covered.
3. Can the government sell my property to pay for clearing a canal under Section 44C of the 1917 Act?
Yes, under Section 44C of the Act, if you neglect to pay the reasonable expenses for removing an obstruction you caused, the official can sell the materials at a public auction.
Test yourself
Q1.Under Section 44C of The inland vessels act, 1917, what is the deadline to pay removal expenses after a direct demand?
Q2.According to Section 44C of the maritime act, what happens if no one claims the extra money from a sale?
Q3.Under Section 44C of The inland vessels act, 1917, how much of the property can be sold?
Q4.Under Section 44C of the 1917 Act, what triggers the fourteen-day payment window?