Section 40: Power to dispose of goods

40. Power to dispose of goods (1) Subject to subsection (2) and the Customs Act, where any goods which have been placed in or on port premises, other than goods accepted for storage by the Authority, are not removed from the premises within 21 days or, in the case of goods for which a bill of lading has been issued from the time when the goods were placed in or on the premises, within 42 days, the Authority may, at the expiry of the period of 21 days or 42 days, as the case may be, dispose of the goods in such manner as it thinks fit. (2) Where goods to which subsection (1) applies are of a perishable nature, the Authority may direct their removal within such shorter period, not being less than 24 hours after the landing of the goods, as the Authority thinks fit, and where the goods are not removed, the Authority may dispose of the goods in such manner as it thinks fit. P14 – 19 [Issue 1] Ports Act (3) The proceeds of the sale, if any, of the goods seized and disposed of under this section shall be applied by the Authority in payment of— (a) the expenses of the sale; (b) any duty payable to Government; (c) the fees and expenses due to the Authority in respect of the goods; and (d) freights and other claims or liens of which notice under any enactment has been given in writing prior to the date of the sale. (4) Any surplus remaining after the payment required by subsection (3) shall be paid— (a) on demand, to the person entitled to it; and (b) where no demand is made within one year from the date of the sale of the goods, to the account of the Authority. (5) Where a payment is made into the account of the Authority under subsection (4), any rights of any person to that payment shall be extinguished. (6) For the purposes of this section, except subsections (3) (c), (4) (b) and (5), any reference to the word “Authority” shall be deemed to be a reference to such licensed operator of the Authority as may be prescribed. [S. 40 amended by s. 4 of Act 21 of 2003 w.e.f. 9 August 2003.]