CHAPTER 410
DISPOSAL OF UNCOLLECTED GOODS ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Right of bailees to sell goods held under bailment for repair or other treatment and not re-delivered

   4.   Notices

   5.   Procedure after sale

   6.   Supplemental provisions

AN ACT

to authorise the disposal of goods held in the course of a business under a bailment for repair or other treatment but not re-delivered; and to provide for purposes connected therewith.

[27th January, 1967]

Act 13 of 1967,

Act 13 of 1994.

1.   Short title

This Act may be cited as the Disposal of Uncollected Goods Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“notice” means a notice in writing.

3.   Right of bailees to sell goods held under bailment for repair or other treatment and not re-delivered

   (1) Where, in the course of a business, goods have been accepted and are held, by any person under a bailment for repair or other treatment on terms, express or implied, that the said goods will be re- delivered to the bailor or in accordance with his directions when the repair or other treatment has been carried out and on payment to the bailee of such charges as may be agreed between the parties or as may be reasonable, and where such goods are ready for re-delivery but the bailor fails both—

      (a)   to pay or tender to the bailee his charges in relation to the goods; and.

      (b)   to take delivery of the goods or, if the terms of the bailment so provide, to give directions as to their delivery;

the bailee shall, subject to the provisions of any agreement between him and the bailor and to the following provisions of this Act, be entitled, while the failure continues, to sell the goods.

   (2) The bailee shall not be entitled by virtue of sub-section (1) to sell goods accepted by him under a bailment for repair or other treatment unless the following provisions are complied with—

      (a)   at all premises used or appropriated by the bailee for accepting for repair or other treatment goods of the class to which the goods accepted belong, there is, at the time of the acceptance (whether or not the goods are accepted at any such premises), conspicuously displayed in the part of the premises so used or appropriated a notice indicating that the acceptance by the bailee of goods of that class for repair or other treatment is subject to the provisions of this Act and that this Act confers on the bailee a right of sale exercisable in certain circumstances after an interval of not less than six months from the date on which the goods are ready for re-delivery:

Provided that this Act shall not apply—

      (i)   in the case of goods accepted under bailment for repair or other treatment prior to the passing of the Disposal of Uncollected Goods Act, 1952, of the United Kingdom, unless a notice pursuant to paragraph (a) of sub-section (1) of section 5 of that Act was published in accordance with the provisions of that paragraph and a further notice pursuant to paragraph (b) of sub-section (1) of section 5 of that Act was displayed in accordance with the provisions of that paragraph; or

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