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 date the goods passed into its custody, or in the case of livestock and perishable or hazardous goods after the expiry of a shorter period not being less than twenty-four hours after the landing of the livestock or goods as the Board may deem fit, sell by public auction or in such cases as the Board considers it necessary to do so, for reasons to be recorded in writing, sell by tender, private agreement or in any other transparent manner such goods or so much thereof as in the opinion of the Board may be necessary to recover— (a) any rates payable to the Board in respect of such goods if these have not been paid; or (b) any rent payable to the Board in respect of any place on or in which such goods have been stored if such rent has not been paid; or (c) any amount against any lien of any ship-owner for freight or other charges of which notice has been given but which 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 under sub-section (1), the Board shall give ten days notice of its intent to sell by publication thereof in at least two principal local daily newspaper: Provided that, in the case of livestock 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 warrants. (3) If the address of the owner of the goods has been stated 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 or fax or e-mail or short message service (SMS), 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 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 State Government may prescribe in the rules. Explanation— In this section and Section 51 “controlled goods” means goods the price or disposal of which is regulated under any law for the time being in force.