49. Sale of goods after two months if rates or rent are not paid or lien for freight is not discharged.
(1)The Board may, after the expiry of two months from the time when any goods have passed into its custody, or in the case of animals and perishable or hazardous goods after the expiry of such shorter period not being less than twenty four hours after the landing of the animals or goods as the Board, may think fit, sell by public auction or in such cases as the Board considers it necessary so to do, for reasons to be recorded in writing, sell by tender, private agreement or in any other manner such goods or so much thereof ask in the opinion of the Board may be necessary,-(a)if any rates payable to the Board in respect of such goods have not been paid; or(b)if any rent payable to the Board in respect of ;anyplace on or in which such goods have been stored has not been paid; or(c)if any lien of any ship-owner for freight or other charges of which notice has been given has not been discharged and if the person claiming such lien for freight or other charges has made to the Board an application for such sale.(2)Before making such sale, the Board shall give ten days notice of the same by publication thereof in the official Gazette and also in at least one of the widely circulated local daily newspapers:Provided that in the case of animals and perishable or hazardous goods, the Board may give such shorter notice and in such manner as, in the opinion of the Board, the urgency of the case admits of.(3)If the address of the owner of the goods has been stated in the manifest of the goods or in any of the documents which have come into the possession of the Board or is otherwise known, notice shall also be given to him by letter delivered at such address or sent by post, but the title of a bonafide purchaser of such goods shall not be invalidated by reason of the omission to send such notice, nor shall any such purchaser be bound to inquire whether such notice has been sent.(4)Notwithstanding anything contained in this section, controlled goods may be sold at such time and in such manner as the Government may direct.Explanation. - In this section and section 50 " controlled goods " means goods the price or disposal of which is regulated under any law for the time being in force.
