Disposal of goods not removed from premises of Board within the 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 person is known, cause a notice to be served upon him by letter delivered at such address or sent by post or fax or e-mail or short message service (SMS), or if the notice cannot be so served upon him or his address is not known, cause a notice to be published in at least two 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 or by tender, agreement or in any other transparent 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 or, in such cases as the Board considers it necessary so to do, for reasons to be recorded in writing, sell by tender, agreement or in any other transparent 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-section (2) and (3) of Section 50. (4) Notwithstanding anything contained in sub-section(1) or sub-section (3) – (a) The Board may, in the case of livestock 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 given such shorter notice of sale in such manner as in the opinion of the Board the urgency of the case warrants; (b) controlled goods may be sold in accordance with the provisions of sub-section (4) of Section 50. (5) The State Government may, if it deems it to be in public interest so to do, 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 or unclear cargo shall be in accordance with the rules.