Bare ActsThe Tamil Nadu Maritime Board Act, 1995

Section 49

(I) Til? 13 ~1 111 ~ j , L:f -r '11: :~p;!+y of tw I 111 )IIL:,S fr,,i

Amendment status not verified — confirm the current text below against the official source.

(I) Til? 13 ~1 111 ~ j , L:f -r '11: :~p;!+y of tw I 111 )IIL:,S fr,,i.l 111.: linll: when any g3ad~ 11.1~~ p ~,,:,1 1 1. , '\, i ~,ijd;, i l l ~111 c;! ,C ;i:ii IIIAI, J I I ~ ~ PC! idlable or h ~ a r d xis g,3cl, .lf *:i "1: ,:x21:-y of S I ~ C ; ~ stz-iter p:riod not bing less than twenty four h~urs, afi1:r the l.l;zJi,ig uf the animq.1~ 01. good, as t h ~ Board may think fit, sell by nlblic asction or in such cases as thc B m d cancidcrs it necexiry ,o to do, for reas )ns to be rocal-dcd In writing, sell by .ot~d~i, piivaio agraclnent or in , any other manner suc11 goods Qr so m1jch there~f as in tile opini~n of th.: Board ; may be n-sry- ! (a) if any rates payable to the Board in respect of such pods havc not been paid, or (b) if aty rszt plyal,la to the Board i : ~ resp:ct (3f any place sn or in which such gmds have been stored has not bosn paid, or . -- (c) if any lien of any shi owner for freight or other charges of which notice has b,aa given has not been &charged and if the p:rsDo claimin2 such lien for freight or oth4x charg~s has made to the B33rd an applimtion for such sale. (2) Before m~king sllch sala, the B ~ a r d sh311 giv: tan d.iys nstice of the qalne by publiaation thereof in the Tanzll Nadu GovernmL*nt Gazette ?:~d a133 io atl53it O ; L ~ of the prinoipal local daily news papars : Provided that iil tha oase of animals and p,cishablo or hazardous goods, tha Board may give such short€ r notice and in such manner as, in the opiaion of the Board, the urgency of tha case admits of. (3) If the address of t110 owner of tha gooa.is ]la$ b ~ a n stated in tha m~nifest of the goods or in any of l;ha do~utneilts which havc oolna into ths possession of the Board or is otherwise known, n3tice shall also be givea to him b.1 latter delivered at suoh address or sent by pmt but the title of a Irma flde purcha5:r of such goods shall not bp: invalidated by reason of the omissio~l to sand such notice, nor shall any suoh purchaser be bound to inquire whether suc:~ notice has b:el~ sent. (4) Notwithstanding anything contained in this seation, controlled goodo may ba sold at such time and in such manner as the Governmat may diicot. .-. . . .L ..,. Provided thlt where all the rates and charges payable under this ~ c t in respaat of any such g o ~ d s h%ve 533l paid, no notice of removal shall be so served or published under this s!15 sXtio?l unless two months hav:: expired from the date Jn which goods ware plsaed in the custody of the Board. (2) The notice referred to in sub-seation (1) may also be served on the agents . of the vessel by which such goods ware landed. 1 (3) If such owner or person does not comply with the requisition in the notice served U ~ O ? him or publis4ed under sub-section (I), the Board may, at any time af~er the expiration of tw3 months from the date of which such goods were placed in its custody, sell thz goods by public auction, or, in such cases as the Board considers it necessary su todu, for reasons to be recorded in writiag sell by tender, private agreement or in any other manner such goods or so much thereof in the optniioa of the Board may be necessary after giving notice of the sale in the manner specif&+ in sub-sections (2) and (3) of section 49. (4) ~ottvithrtaading arrything oontained in sub-section (1) or sub-section a (a) the h a r d may in the case of animals an 1 perishable or hazardous goods give noticz or removal of such goods alth~ugh the p :riod of one month or as the case may be, of t ~ o mnths spesificd 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 thp case (b) corltrolled goods may be sold in accordance with the provisions of sub- section (4) of section 49. (5) The Government may, if they deem neoeasary so to do in the public interest, by notification, exempt any goods or classes of goods from the operation of this section. 5 1. (1) Th: p p~ceeds of every sale under secion 49 or section 50 shall be applied $':I= in the follow~i~g ordzr, namaly :- (a) in payment of the expenses <~f the sale ; (b) in pryn:.t:, s:s3rdi.~g to th:ir re;p:2iiva prioritias, of the liens and claim; ox:;ap:e3 in sub section (2) of ssction 47 from the priority of the lien of the Bosrd ; (c) ill ~ ~ y . a : l t 3f :!13 i-3:~~ and exp:n .: of iaild.i,lg, removing, storing or I ~nre:l,aj~il; ih: s m : , a2 1 or'sll Xher chargss dge to the B~drd in respect thereof ihduc'lng dam~rrage (othsr thln the psnal asmurrage) payable ln respect of shch goods 12; J p:rlod of four msntbs from the dste of landing ; (d) in payment of any penalty or fine due to the Central Government uader any law f ~ r 'the time being in force relating to c~~stoms ; (c) in payment of any otner sum due to the Board. (a he surplus. if any, shall be psid to the imp2rter, owner or consignee the goods or to his agent, on an application made by him in this behalf within s:u ~,,,..~ths from the date of the sale of the goods. { I ) Whero no app1i:ation has been mad3 under sub-section (2), the surplus %hall be app!i.d by tlie B~ard for purposes oi this Act.

Section 49 – The Tamil Nadu Maritime Board Act, 1995 | DailyLaw.ai