Recovery of cart stand fees :— (1) if the fee leviable under sub-section (1)

of Section 309 in respect of carriage or animal is not paid on demand, the person duly authorised to collect the same may seize such carriage or animal or any part of its burden suffice to defray the amounts due and detain the same in his custody.

1. (2) if such fees, together with the expenses occasioned by such seizure and detention, remains unpaid for twelve hours, the person duly authorised, as aforesaid shall forthwith send the carriage, animal or other property seized, as aforesaid, to the Executive Officer or such officer, as he may have authorised to receive and sell distrained property.
2. (3) The Executive Officer, or any other officer duly authorised by him, shall, forthwith give notice to the owner of the property seized, or if the owner is not known oris not resident in the neighbourhood, the person who was in charge of the said property at the time when it was seized, and if he is not found, publish by beat of drum that after the expiration of two days, exclusive of Sunday, from the date of service or after the said publication of such notice, he will sell the said property by auction at a place to be specified in the notice. THE ORISSA MUNICIPAL ACT, 1950 123)
3. (4) If at any time before the sale, the person to whom notice has been given or the owner of the property seized tenders to the said officer the amount due on account of the fees and of all the expenses occasioned by the non-payment thereof and by the seizure and detention of the property, the property seized shall be forthwith released.
4. (5) If no tender is made to such officer, he shall sell the said property or sufficient portion thereof by auction and apply the proceeds of the sale to payment of the amount due on account of the fee and the expanses incidental to the seizure, detention and sale of the property, and shall return to the person in whose possession the property was at the time of seizure, any property or sum which may remain after the sale, and the application of the proceeds thereof, as aforesaid.