50. 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 the official Gazette, and also in at least one of the widely circulated 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 or by tender, or agreement or in any 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 agent 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 of which such goods were placed in its custody, sell the goods 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 as in the opinion of the Board may be necessary, after giving notice of the sale in the manner specified in sub-sections (2) and (3) of section 49.(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 in such manner as in the opinion of the Board the urgency of the case requires;(b)controlled goods may be sold in accordance with the provisions of sub-section (4) of section 49.(5)The 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:Provided that, in custom area the Board shall ensure that the manner of disposal of unclaimed/uncleared cargo is in accordance with the provisions of section 48 of the Customs Act, 1962 read with Handling of Cargo in Customs Areas Regulations, 2009.
