Chapter number:
410
Download original file:
consol-act_410.RTF
CHAPTER 410 DISPOSAL OF UNCOLLECTED GOODS ACTCHAPTER 410 Act on disposal of unclaimed goods |
ORDER OF SECTIONS |
Section 1. Short title 2. Interpretation 3. Right of bailors to sell goods held under bailment for repair or other treatment and not re-delivered 4. Notices 5. Procedure after sale 6. Supplementary provisions |
CHAPTER 410 |
DISPOSAL OF UNCOLLECTED GOODS | 13of1967 |
An Act to authorize the disposal of goods held in connection with a business under bond for repair or other treatment, but not re-delivered; and to provide for purposes connected therewith. [27January, 1967] |
1.This Act may be cited as the Disposal of Unclaimed Goods Act. | Short title |
2.In this Act, unless otherwise follows from the context | Interpretation |
"notice" means a written notice. |
3.(1) Where goods in connection with a business have been accepted and held by a person under a bond for repair or other treatment on express or implied terms that the said goods will be redelivered to the bailor or in accordance with his directions when the repair or other processing has been performed and on payment to the surety of such fees as may be agreed between the parties or as may be reasonable and where such goods are ready for redelivery, but the surety fails both- | Citizens' right to sell goods held under bail for repair or other treatment and not re-delivered |
(-in) to pay or offer the bailee its fees in relation to the goods; and |
(b) to accept the goods or, if the terms of the bond so require, to give instructions for their delivery; the bailee shall, subject to the provisions of any agreement between him and the bailee, and subject to the following provisions of this Act, be entitled, while the default continues, to sell the goods. |
2. The citizen is not entitled to pursuant to subsection |
(-in) at all premises used or granted by the surety for the receipt for repair or other treatment of goods of the class to which the accepted goods belong, there is at the time of acceptance (whether or not the goods are accepted on such premises) , conspicuously displayed in that part of the premises so used or appropriated, a notice stating that the bailee's acceptance of goods of that class for repair or other treatment is subject to the provisions of this Act, and that this Act gives the bailee a right of sale which in certain circumstances may be exercised after an interval of at least six months from the date on which the goods are ready for re-delivery: |
Provided that this Act does not apply (i) in the case of goods accepted under bond for repair or other treatment before the enactment of the Disposal of Uncollected Goods Act, 1952, in the United Kingdom, unless a notice under subsection-in1, in the act's section 5, subsectionb) in subsection or (ii) in the case of goods received under bond for repair or other treatment before the passing of this Act, unless a notice under subsection-in) in sub-section (3) of section 1 of the Disposal of Uncollected Goods Act, 1952, of the United Kingdom, at the time of the acceptance of the said goods were produced by the bailee in accordance with the provisions of that paragraph; |
and such notice or communication shall be deemed to be a notice under the provisions of this paragraph for the purposes of this Act; |
(b) after the goods are ready for redelivery or after the entry into force of this Act, whichever happens latest, the bailee gives notice that the goods are ready for redelivery, as it is a notice that meets the requirements in subsection (6); |
(c) after the expiry of the period of six months commencing with the date of giving the notice that the goods are ready for redelivery and no later than fourteen days before the sale of the goods, the surety gives notice to the surety of his intention to sell the goods , as it is a notification that meets the requirements in subsection 6, and causes publication inGazettea notice which shall contain a description of the goods, the name of the surety, and which shall declare his intention to sell the goods; and the bailee is not entitled to sell the goods in a lot in which goods not accepted by the bailee are included or to sell them in any other way than by public auction: |
Provided that where in the notice of the surety's intention to sell the property, in addition to the conditions required herein pursuant to subsection he may sell the goods at at least this price in any other way than by public auction. |
(3) Where, at any time before the giving of the notice of the surety's intention to sell the goods, a dispute arises between the surety and the surety by reason of the surety's refusal to pay the amount which the surety claims to be due to him in the form of of his fees in connection with the goods, or to receive delivery thereof or give instructions for their delivery, on the grounds that the fees are too high or that the surety is not satisfied that the repair or other treatment of the goods has been properly carried out, the guarantor's right to sell the goods is suspended until the dispute is settled. |
(4) Without prejudice to any other way of settling a dispute, for the purposes of this Act it shall be treated as having been settled if the surety at any time after the dispute has arisen gives notice to the bailiff (hereinafter referred to in this Act as a "notice to treat the dispute as determined"- |
(-in) stating that unless the guarantor objects to this within a period of one month from the day of the notification, the dispute in this Act will be treated as settled; and |
(b) otherwise meet the requirements in subsection and within the said period of one month the surety does not object to the notice; and if the dispute is so treated as settled, the date on which it shall be treated as settled shall be the date of the giving of the notice. |
(5) Where a dispute in relation to any goods is determined (whether under subsection (4) or otherwise), subsection 2 effect in relation to these goods, as if subsectionb) of which was omitted, and as for the reference in subsectionc) of this to the date of the notification that the goods are ready for redelivery, a reference to the date on which the dispute is settled was replaced. |
(6) A notice required or authorized under this section shall be given by the surety to the surety, shall contain a full description of the goods to which the notice relates and a statement of the amount which the surety claims to be owing to him . of his costs in connection with the goods, together with- |
(-in) in the case of a notice that the goods are ready for redelivery or a notice to treat the dispute as determined, a statement that if the surety fails, within a period of six months from the date of the notice, both to pay the said sum and to receive the goods or give instructions for their delivery, they are obliged to be sold in accordance with the provisions of this Act; |
(b) in the case of a notice that the bailor intends to sell the goods, a statement of the date of the notice that the goods are ready for redelivery, or if there has been a dispute between the bailor and the bailee, the date on which the dispute was settled, and a declaration that if the surety fails, within the period of fourteen days commencing with the date of the giving of the notice that the surety intends to sell the goods, both to pay the said amount and for to receive the goods or give instructions for their delivery, they are obliged to be sold in accordance with the provisions of this law. |
4.PCS. 1. A notice required or authorized to be given by a surety to a bailiff under this Act shall, where the bailiff is a limited company, be duly given if given to the secretary or agent of the company. | Notifications |
PCS. 2. Notification authorized by this Act to be given by a bailiff to a bailiff of his intention to sell the property must be sent by registered post. |
PCS. 3. A notice required or authorized by this Act to be given by a surety to a surety, other than a notice that the surety intends to sell the goods, may be given either— |
(-in) by delivering it to the surety; or |
(b) by leaving it at its proper address; or |
(c) by post. |
PCS. 4. For the purposes of this section, the proper address of a person to whom a notice is required or authorized under subsection 2 or 3, in so far as the secretary or agent is concerned. of a company, be it at the company's registered or head office, and in all other cases be the last known address of the person to whom the notice is to be given. |
5.(1) Where goods are sold pursuant to the provisions of this Act, any amount by which the gross proceeds of the sale exceed the bailee's costs in relation to the goods shall be recovered by the surety from the surety, and any amount by which the said fees exceed the gross proceeds of the sale, the surety shall recover from the surety. | Post-sale procedure |
(2) If goods are sold in this way, the guarantor must, before the expiry of the period of seven days beginning with the date of sale of the goods, prepare an inventory of the goods containing the following information: |
(-in) an adequate description of the goods; |
(b) method, date and place of sale; |
(c) where the goods are sold by public auction, the name and principal place of business of the auctioneer and where they are sold otherwise than by public auction and the gross proceeds from the sale thereof are at least two kwacha, the name and address of the purchaser; |
(d) the amount of the gross proceeds from the sale; and |
(e) a statement of each item of the bailee's charges in relation to the goods and the transaction to which each item relates; and shall, for the period of six years commencing with the date on which the record is made, keep the record together with a copy of the notice of the surety's intention to sell the goods and the certificate of despatch of the letter in which the notice was sent, and shall at any reasonable time during the said period of six years, if requested by or on behalf of the surety, produce the record, copy and certificate or any of them for inspection by the surety or a person appointed in this behalf by him . |
PCS. 3. Anyone who fails to comply with the provisions of subsection 2, or who presents a document kept for this purpose and which, to his knowledge, is incorrect in a material respect, commits an offense and is liable to a fine of not more than three thousand penalty units or to imprisonment for a term not exceeding three months, or to both . (As amended by Act no.13of1994) |
6.1. References in this Act to goods received by a pledgee in connection with business for repair or other treatment shall, in relation to goods of any class, be understood as references to goods of that class which he accepts for repair or otherwise . processing as part of a business consisting of or involving him receiving goods of that class for repair or other processing (whether or not the repair or other processing is carried out by him) wholly or mainly from persons who supply to him, on other manner than in connection with a business, goods of this class for repair or other treatment. | Supplementary provisions |
(2) References in this Act to the bailee's fees in respect of any goods shall, subject to the provisions of any agreement between the bailor and the bailee, be construed as references to the amount agreed between them as the fee for the repair. or other processing of the goods or, if no amount has been agreed, a reasonable fee for this and, in cases where the goods have been sold, the following additional amount: |
(-in) a reasonable charge for the storage of the goods for the period commencing with the date of giving the notice that the goods are ready for re-delivery or, if there has been a dispute between the surety and the surety, the date on which the dispute was settled and ended on the sale date; |
(b) any costs of or in connection with the sale; and |
(c) any costs of insuring the goods. |
PCS. 3. References in this Act to a surety or surety for goods must, in relation to a period during which his rights and obligations in relation to the goods accrue to another person, be understood as references to that other person. |
PCS. 4. The powers which this Act confers on a surety shall be in addition to and not in derogation of the powers which he may exercise independently of this Act. |
FAQs
What is the cap 410 of the laws of Zambia? ›
DISPOSAL OF UNCOLLECTED GOODS ACT : CHAPTER 410 | Principal Legislation | temp. 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. Act 13 of 1967, Act 13 of 1994.
What are the rules about uncollected goods in Qld? ›Businesses must hold onto your goods for 6 months after the collection date. Contact the business immediately if you get a letter about uncollected goods. Arrange to collect and pay for your goods as soon as possible. After 6 months, the business can legally sell your goods to recover their costs.
What is the Uncollected goods Act 1995 NSW? ›(1) This Act is available for the disposal of uncollected goods where there is no agreement between the parties on the means of their disposal. If there is such an agreement, this Act applies to any aspect of the disposal of those goods that is not dealt with in the agreement.
What is the abandoned goods law in Qld? ›Under the law of bailment, you must take reasonable care of the goods and not do anything to damage them or take them from the owner. If you get rid of someone's belongings without their agreement you may be responsible to the owner for the value of the belongings or you could even be charged with theft.
What is the cap of Zambia? ›Lusaka (/luːˈsɑːkə/; loo-SAH-kə) is the capital and largest city of Zambia. It is one of the fastest-developing cities in southern Africa.
What is Patents Act Cap 400 of the Laws of Zambia? ›Patenting Laws
The Patents Act, Chapter 400 of the laws of Zambia, governs patent protection in Zambia. Patents are granted in relation to inventions by the Patents and Companies Registration Agency (PACRA) for a term of 16 years. PACRA is a semi-autonomous executive agency of Ministry of Commerce, Trade and Industry.
A person who has had open and obvious possession of a property for a number of consecutive years may have a right to claim title to the property. In Queensland the minimum number of years is 12. This is called adverse possession, or colloquially, “squatter's rights”.
What is the Uncollected goods Act Northern Territory? ›The Uncollected Goods Act 2004 was introduced to make it easier for businesses to dispose of uncollected goods whilst maintaining protection for interested parties.
What is the Unclaimed goods Act in South Africa? ›Unclaimed goods are things which have come into your possession but legally belong to someone else. If you sell or dispose of these goods without the owner's consent you are committing a criminal offence. The Unclaimed Goods Act 1987 sets out a procedure to dispose of the goods.
What is the Forfeiture Act 1995 NSW? ›In New South Wales, the Forfeiture Act 1995 precludes a person from benefiting after causing the death of another person. This means that a person cannot benefit from the will of their victim, or through intestacy rules.
What is the Sale of goods Act 1923 No 1 NSW? ›
(1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price. There may be a contract of sale between one part owner and another. (2) A contract of sale may be absolute or conditional.
What is the Sale of goods Act 1923 NSW S 53? ›(1) Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery.
What is it called when someone won t give you your belongings? ›Replevin is the legal action you can use to get your personal property back when someone has wrongfully taken it and refuses to give it back. If this happens, you may also recover financial losses as a result of the wrongful taking of property or because you were unable to use the property for a period of time.
What does abandoned property mean in legal terms? ›Abandoned property is defined as personal property left by an owner who intentionally relinquishes all rights to its control.
What is abandoned order? ›Abandonment Order means any Final Order authorizing the Debtors to abandon any Assets pursuant to section 554 of the Bankruptcy Code or otherwise, including those detailed in Article IV.
Do we have a billionaire in Zambia? ›Zambia currently has no billionaire in US dollar terms but Africa has six countries listed to have citizens with net-worth of over $1 billion.
Is Zambia still in debt? ›Zambia's external debt stood at $14.87 billion at the end of June 2022, the minister has previously said.
What is Katapa? ›Katapa or cassava leaves are a staple in many African cuisines. In Zambia, they are a popular vegetable that can be enjoyed with nshima. These nutrient-dense leaves are versatile and can be cooked in a variety of ways.
What is Cap 175 of the Laws of Zambia? ›175 and Cap. 161 of the Laws of Zambia. To effectively manage and preserve public records, archives, printed and non-printed publications in order to facilitate lawful access to this information to all stakeholders, thereby promoting efficiency and effective government administration.
What is Cap 81 of the Laws of Zambia? ›Every judgment, order, or decree of the High Court or of a subordinate court whereby any sum of money, or any costs, charges or expenses, is or are to be payable to any person shall carry interest as may be determined by the court which rate shall not exceed the current lending rate as determined by the Bank of Zambia ...
What is cap 73 of the laws of Zambia? ›
The Law Reform (Frustrated Contracts) Act, Chapter 73 of the Laws of Zambia, recognizes frustration of contracts and provides for adjustments of rights and liabilities of parties to frustrated contracts which includes recovery by the parties of any money paid under the contract before it became frustrated.
Is squatting illegal in Australia? ›A squatter may lawfully enter a building, for example, through an unlocked door. However, it is unlawful for them to remain there after the building's registered owner or legitimate occupant requested them to leave.
How do I get around adverse possession? ›Requirements of adverse possession include exclusive use, continuous use and open takeover of the land. You can prevent adverse possession by marking boundary lines and providing written permission of use.
How do I claim squatters rights in Qld? ›The Squatter must be in "factual possession". They must exercise physical control of the land. Possession must not be in secret and must not be taken by force. Examples of "factual possession” include paying rates, residing on the land, renting the land, and erecting fencing.
What does abandoned goods mean in customs? ›The International Federation of Freight Forwarders Associations (FIATA) defines abandoned goods as those “the consignee [importer] has manifested no intention to take delivery of after a reasonable period”. This includes situations where the importer cannot be identified or contacted or has refused collection.
How do you dispose of uncollected goods in Northern Territory? ›Goods can be auctioned or sold by private sale for a fair price. For uncollected goods valued at $7,000 or more a receiver will need a Court order to dispose of the goods.
What is the property activation levy in the Northern Territory? ›From 1 July 2019 to 30 June 2022, the Property Activation Levy will apply to vacant land and ground floor non-residential buildings within a designated zone within the Darwin CBD. The purpose of the levy is to encourage property owners to activate their properties and revitalise the Darwin CBD.
What happens if the money is unclaimed? ›Unclaimed funds are typically turned over to the government after a specific period of time has passed. To claim the funds or assets, the designated owner or beneficiary must file a claim; if belonging to an estate, it may require the claimant to prove their rights to the unclaimed property or funds.
Where can I check my inheritance? ›The best place to begin your search is www.Unclaimed.org, the website of the National Association of Unclaimed Property Administrators (NAUPA). This free website contains information about unclaimed property held by each state. You can search every state where your loved one lived or worked to see if anything shows up.
What can you do with unclaimed items? ›Identify any unclaimed property item (research) Notify, or return, the unclaimed property to the owner (due diligence) If the owner cannot be found, remit the unclaimed property item to the state (escheatment)
What are the three types of forfeiture? ›
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
How do you avoid forfeiture? ›The best way to avoid civil forfeiture is, for most people, the easiest one: Don't carry anything worth taking. And don't carry illegal narcotics, especially if you're carrying cash.
What are the two types of forfeiture? ›- Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. ...
- Civil judicial forfeiture is an in rem (against the property) action brought in court against the property.
(1) Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property. (2) If necessaries are sold to an infant or to a person who, because of mental incapacity or drunkenness, is incompetent to contract, he or she must pay a reasonable price for the goods.
What law covers the sale of goods? ›The body of law that governs a contract for the sale of goods is called the Uniform Commercial Code (UCC).
What constitutes a sale of goods? ›A sale occurs when a seller of goods or services transfers ownership of, and title to, a good or service to a buyer in exchange for a specific amount of money or other specified assets. To complete a sale, both the buyer and the seller must agree to the specific terms of the transaction.
How do I get my belongings back from a narcissist? ›- Post Mortem on the Robbery. ...
- The Inventory. ...
- Retrieval: Understand without self-blame. ...
- Retrieval: Focus on your own kindness and empathy. ...
- Loss: Your hopefulness. ...
- Retrieval: Set relationship goals for yourself. ...
- Copyright © Peg Streep 2018.
While there are legal ways that they can require that you remove your personal belongings, if your soon-to-be ex-spouse has thrown away your personal property or is threatening to do so, he or she may be held accountable for any property that has been discarded, hidden, or otherwise squandered.
Do narcissists throw away your belongings? ›Yes, they absolutely will throw your stuff out. Anything that's not appreciated by or useful to them doesn't need to be around.
What is the act of being abandoned? ›abandonment. noun. aban·don·ment. : the act of abandoning property or a right: as.
Is there any unclaimed land in the United States? ›
Is There Any Unclaimed Land in the United States? No, all land in the United States had been claimed – either by a private or public entity.
What is another name for abandoned property? ›A place or building that is derelict is empty and in a bad state of repair because it has not been used or lived in for a long time.
What happens when you are abandoned? ›Abandonment leads to anxiety and difficulty trusting people
Chronic childhood abandonment can create a generalized feeling of insecurity — a belief that the world isn't safe and people aren't dependable. This can cause us to anticipate and fear abandonment, rejection, and betrayal in our adult relationships.
What is an incomplete order? An incomplete order is when a potential customer places items in their shopping cart, and goes all the way through to the payment page, but then doesn't complete the transaction.
Do you have to be abandoned to have abandonment issues? ›The root cause of abandonment issues starts in childhood and has multiple triggers. The most common causes of abandonment issues are: Death of a close friend or family member. Being denied love or abandoned by a parent.
What is cap 110 of the Laws of Zambia? ›(1) No person shall import firearms or ammunition except under the authority of, and in accordance with the terms and conditions (if any) contained in, a firearms dealer's import permit or a tourist's import permit, as the case may be. Such permits shall be in the prescribed form and shall be issued by the Registrar.
What is cap 64 of the Laws of Zambia? ›(1) The Minister may, by statutory instrument, make regulations for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
What is the Electricity Act cap 433 of the Laws of Zambia? ›Chapter 433
[Act No. 15 of 1995]An Act to regulate the generation, transmission, distribution and supply of electricity; and to provide for matters connected with or incidental to the foregoing.
MINISTER OF FINANCE (INCORPORATION) ACT : CHAPTER 349 | Principal Legislation | temp. to create the Minister of Finance a corporation sole, and to provide for matters incidental thereto.
What is Cap 274 of the Laws of Zambia? ›EMPLOYMENT OF YOUNG PERSONS AND CHILDREN ACT : CHAPTER 274 | Principal Legislation | temp. [Am by s 2 of Act 10 of 2004.] to regulate the employment of young persons, and children; and to provide for matters incidental thereto.
What is cap 113 of the Laws of Zambia? ›
PUBLIC ORDER ACT : CHAPTER 113 | Principal Legislation | temp. to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of military or similar character; and to make further provision for the preservation of public order.
What is Cap 187 of the Laws of Zambia? ›to provide for the establishment of the Agricultural Lands Board; to prescribe the composition and membership thereof; to prescribe its powers and functions; to provide for tenant farming schemes; and to provide for matters incidental to or connected with the foregoing.
What is Cap 126 of the Laws of Zambia? ›The National Registration Act, Chapter 126 of the laws of Zambia, article 8 (3) states: “ Any person who finds or unlawfully comes into possession of a national registration card which is not issued to him shall, without undue delay, return it to the person to whom it was issued or forward it to the nearest registrar.
What is cap 270 of the laws of Zambia? ›EMPLOYMENT (SPECIAL PROVISIONS) ACT : CHAPTER 270 | Principal Legislation | temp. to make special provision with respect to employment during any period when a declaration under section 29 of the Constitution is in force; and to provide for matters incidental thereto.
What is cap 233 of the laws of Zambia? ›CHAPTER 233
THE PLANT PESTS AND DISEASES ACT Act No. An Act to provide for the eradication and prevention of the spread of plant pests and diseases in Zambia, for the prevention of the introduction into Zambia of plant pests and diseases, and for matters incidental thereto.
Chapter 297
[22 of 1977; 13 of 1994]An Act to provide for the regulation of medical, paramedical, dental and allied professions; and to provide for matters connected with or incidental to the foregoing.
An Act to provide for the registration of valuation surveyors; and to provide for matters connected with or incidental thereto. Consolidated version of Act 34 of 1976 as at 2006 and amended by Act No. 13 of 1994. Laws of the Republic of Zambia, Revised Edition 2006, Chapter 207.
What is cap 73 of the Laws of Zambia? ›The Law Reform (Frustrated Contracts) Act, Chapter 73 of the Laws of Zambia, recognizes frustration of contracts and provides for adjustments of rights and liabilities of parties to frustrated contracts which includes recovery by the parties of any money paid under the contract before it became frustrated.
What is Cap 283 Laws of Zambia? ›An Act to make provision for the appointment of planning authorities, for the establishment of a Town and Country Planning Tribunal, for the preparation, approval and revocation of development plans, for the control of development and subdivision of land, for the assessment and payment of compensation in respect of ...