Section 62:
Disposal of goods not removed from premises of Board within time limit.
(1) Notwithstanding anything contained in this Act, where any goods placed in the custody of the
Board upon the landing thereof are not removed by the owner or other person entitled thereto from the
premises of the Board within one month from the date on which such goods were placed in their custody,
the Board may, if the address of such owner or person is known, cause a notice to be served upon him by
letter delivered at such address or sent by post, or if the notice cannot be so served upon him or his
address is not known, cause a notice to be published in
1[the Port Gazette or where there is no Port
Gazette, in the Official Gazette] and also in at least one of the principal local daily newspapers, requiring
him to remove the goods forthwith and stating that in default of compliance therewith the goods are liable
to be sold by public auction 2[or by tender, private agreement or in any other manner]:
Provided that where all the rates and charges payable under this Act in respect of any such goods
have been paid, no notice of removal shall be so served or published under this sub-section unless two
months have expired from the date on which the goods were placed in the custody of the Board.
(2) The notice referred to in sub-section (1) may also be served on the agents of the vessel by which
such goods were landed.
(3) If such owner or person does not comply with the requisition in the notice served upon him or
published under sub-section (1), the Board may, at any time after the expiration of two months from the
date on which such goods were placed in its custody, sell the goods by public auction 3[or in such cases as
the Board considers it necessary so to do, for reason to be recorded in writing sell by tender, private
agreement or in any other manner] after giving notice of the sale in the manner specified in
sub-sections (2) and (3) of section 61.
(4) Notwithstanding anything contained in sub-section (1) or sub-section (3)--
(a) the Board may, in the case of animals and perishable or hazardous goods, give notice of
removal of such goods although the period of one month or, as the case may be, of two months
specified in sub-section (1) has not expired or give such shorter notice of sale and in such manner as,
in the opinion of the Board, the urgency of the case requires;
(b) arms and ammunition and controlled goods may be sold in accordance with the provisions of
sub-section (4) of section 61.
(5) The Central Government may, if it deems necessary so to do in the public interest, by notification
in the Official Gazette, exempt any goods or classes of goods from the operation of this section.
Notes:
1. Subs. by Act 29 of 1974, s. 23, for "the Official Gazette" (w.e.f. 1-2-1975).
2. Ins. by s. 23, ibid. (w.e.f. 1-2-1975).
3. Ins. by s. 24, ibid. (w.e.f. 1-2-1975).