Malaysia legislation
Section 46
Section 46
(1)
Subject to the provisions of this section, if any goods which have been placed in or on the premises of the Authority are not removed therefrom within a period of twenty-one days from the time when the goods were placed in or on such premises, the Authority may, at the expiration of the said period of twenty-one days, sell by public auction all or any of such goods:
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Provided that –
(a)
in the case of goods for which a through bill of lading has been issued there shall be substituted a period of forty-two days for the period of twenty-one days referred to in this subsection; and
(b)
if the goods are of a perishable nature the Authority may direct their removal within such shorter period not being less than twenty-four hours after the landing thereof, as the Authority may think fit, and if not so removed, the Authority may sell, by public auction or otherwise, or dispose of such goods in such manner as it may think fit.
(2)
For the purposes of subsection (1) of this section, a sale shall not be rendered invalid by reason only that it takes place in or on premises or in an area to which the public is not admitted except on presentation of a pass.
(3)
Before making a sale under this section, the Authority shall give at least three days notice thereof by advertisement in two local newspapers circulating in the
State, unless the goods are of so perishable a nature as in the opinion of the Authority, to render their immediate sale necessary or advisable, in which event such notice shall be given as the urgency of the case requires.
(4)
If the address of the owner of the goods or his agent has been stated on the manifest of the cargo or in any of the documents which have come into the hands of the
Authority, or is otherwise known, and such address is in the State, notice shall also be given to the owner of the goods by letter delivered at such address or sent by post and notice shall in like manner be given to the agent of the discharging vessel.
(5)
The proceeds of any sale under this section shall be applied by the Authority as follows and in the following order –
(a)
firstly, in payment of any duty owing to the Government of Malaysia or the State;
(b)
secondly, in payment of the expenses of the sale;
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(c)
thirdly, in payment of the charges and expenses due to the Authority in respect of the goods; and
(d)
fourthly, in payment of freight and other claims or liens of which notice has been given under the provisions of any law.
(6)
The surplus of the proceeds of sale, if any, after making the payments set forth in subsection (5) of this section, shall be paid to the person entitled thereto on demand, and, in case no such demand is made within one year from the date of the sale of the goods, by paying the surplus to the account of the Authority, whereupon all rights to the same by such person shall be extinguished.
Port clearance to be withheld until dues or rates are paid.