Malaysia legislation
Section 77
Section 77
(2)
When any goods have been detained under subsection (1) the Director may –
(a)
in the case of perishable goods, sell the same at once by public auction or private agreement as it may deem expedient; and
(b)
in the case of other goods, sell by public auction, on the expiration of at least fourteen days’ notice of the intended auction published in one or more of the local newspapers, such quantity of the goods as will be sufficient to recover the sum due to or recoverable by the
Director together with all expenses of such detention, notice and sale, including, in the case of animal, the expenses of the feeding, watering and tending thereof.
51
(3)
The Director may, out of the proceeds of the sale, retain the amount of the sum and expenses due to or recoverable by the Director, rendering the surplus, if any, of the proceeds and such of the goods as remain unsold to the person entitled thereto.
(4)
If the person entitled thereto fails to remove from the railway premises, within a reasonable time, any of the goods which have remained unsold, the
Director may sell the whole of such goods and shall, after deducting the expenses of the further detention and sale of such goods, render the surplus of the proceeds to the person entitled thereto.
(5)
The person entitled to remove the goods shall not do so unless he tenders to the Director a sum equal to the costs, charges and expenses of the further detention of such goods from the date of the sale under subsection (2) to the date of removal.
(6)
Notwithstanding anything in this section, the Director may recover by suit or action any such sum as is referred to in subsection (1).
Disposal of unclaimed goods