Take Delivery - Bare Acts

Sale of Goods Act, 1930 Section 44

Title: Liability of Buyer for Neglecting or Refusing Delivery of Goods

State: Central

Year: 1930

When the seller is ready and willing to deliver the goods and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery and also for a reasonable charge for the care and custody of the goods: Provided that nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract.

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Railways Act, 1989 Section 82

Title: Partial Delivery of Consignments

State: Central

Year: 1989

(1) The consignee or endorsee shall, as soon as the consignment or part thereof is ready for delivery, take delivery of such consignment or part thereof notwithstanding that such consignment or part thereof is damaged. (2) In the case of partial delivery under sub-section (1), the railway administration shall furnish a partial delivery certificate, in such form as may be prescribed. (3) If the consignee or endorsee refuses to take delivery under sub-section (1), the consignment or part thereof shall be subject to wharfage charges beyond the time allowed for removal.

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Sale of Goods Act, 1930 Section 38

Title: Instalment Deliveries

State: Central

Year: 1930

(1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by instalments. (2) Where there is a contract for the sale of goods to be delivered by stated instalments which are to be separately paid for, and the seller makes no delivery or defective delivery in respect of one or more instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case, whether the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated.

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Sugar Undertakings (Taking over of Management) Act, 1978 Chapter II

Title: Taking over of Management

State: Central

Year: 1978

.....has in any sugar year failed to commence the manufacture of sugar on or before the appointed day in respect of that year, or having started the manufacture of sugar on or before that day ceased to manufacture sugar before the expiry of the average period of manufacture of sugar in relation to that undertaking; or (b) that on any date in any sugar year any sugar undertaking has, in relation to the cane1[purchased at any time (whether in that sugar year or in any earlier sugar year or sugar years and whether before or after the commencement of this Act), before that date] for the purposes of the undertaking, arrears of cane dues to the extent of more than ten percent, of the total price of the cane purchased for the purposes of the undertaking during the immediately preceding sugar year; and (c) that in either case the effective functioning of the undertaking is necessary for the purposes of this Act, the Central Government may issue a notice in such form and in such manner as may be prescribed to the owner or the manager of such sugar undertaking calling upon such owner or manager to report in writing within such time, not being less than five days, as may be specified in.....

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Parel Investments and Trading Private Limited and Domestic Gas Private Limited (Taking over of Management) Act, 1979 [Repealed] Chapter II

Title: Taking over of Management of the Undertakings of the Two Companies

State: Central

Year: 1979

.....two companies (including the power to dispose of any properties or assets of the two companies) whether such powers are derived from the Companies Act, 1956, or from the memorandum and articles of association of either of the two companies or from any other source. (4) Any person having possession, custody or control of any property forming part of the undertaking of either of the two companies, shall, on demand, deliver forthwith such property to the Custodian or to any such person as may be authorised by the Custodian or the Central Government in this behalf. (5) If any person fails or refuses to comply with any demand made under sub-section (4) for the delivery of any property, the Custodian or any person authorised under the said sub-section may take possession of that property and may, for that purpose, use such reasonable force as may be necessary. (6) Any person who, on the appointed day, has in his possession or under his control any books, papers or other documents relating to the undertaking of either of the two companies, including the minutes books containing the resolutions of the persons in charge of the management thereof before the appointed day, the.....

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Delivery of Books and Newspapers (Public Libraries) Act, 1954 Amending Act 1

Title: Delivery of Books (Public Libraries) Amendment Act, 1956

State: Central

Year: 1954

.....in this behalf by the Central Government in the Official Gazette.". 6. Amendment of section 5.- In section 5 of the principal Act,--- (a) for the words "and the value of the book", the words "and, if the contravention is in respect of a book, shall also be punishable with fine which shall be equivalent to the value of the book" shall be substituted; (b) after the words "to which the book", the words "or newspaper, as the case may be" shall be inserted. 7. Substitution of new section for section 7.-- For section 7 of the principal Act, the following section shall be substituted, namely:-- "7. Application of Act to books and newspapers published by Government.-- This Act shall also apply to books and newspapers published by or under the authority of the Government but shall not apply to books meant for official use only.".

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Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Preamble 1

Title: Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005

State: Central

Year: 2005

.....devices, or to transfer control over such weapons or explosive devices, and not in any way to assist, encourage, or induce any other country to manufacture nuclear weapons or other nuclear explosive devices; AND WHEREAS India is committed to prevent a non-State actor and a terrorist from acquiring weapons of mass destruction and their delivery systems; AND WHEREAS India is committed to the objective of global nuclear disarmament; AND WHEREAS India is committed to its obligations as a State Party to the Convention on the Prohibition of the Development, Production, Skpiling and use of Chemical Weapons and on their Destruction and the Convention on the Prohibition of the Development, Production and Skpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction; AND WHEREAS India is exercising controls over the export of chemicals, organisms, materials, equipment, and technologies in relation to weapons of mass destruction and their delivery systems under other relevant Acts; AND WHEREAS it is considered necessary to provide for integrated legal measures to exercise controls over the export of materials, equipment, and technologies and to prohibit.....

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Parel Investments and Trading Private Limited and Domestic Gas Private Limited (Taking over of Management) Act, 1979 [Repealed] Section 4

Title: Appointment of Custodian to Take over Management of the Undertakings of the Two Companies

State: Central

Year: 1979

.....two companies (including the power to dispose of any properties or assets of the two companies) whether such powers are derived from the Companies Act, 1956, or from the memorandum and articles of association of either of the two companies or from any other source. (4) Any person having possession, custody or control of any property forming part of the undertaking of either of the two companies, shall, on demand, deliver forthwith such property to the Custodian or to any such person as may be authorised by the Custodian or the Central Government in this behalf. (5) If any person fails or refuses to comply with any demand made under sub-section (4) for the delivery of any property, the Custodian or any person authorised under the said sub-section may take possession of that property and may, for that purpose, use such reasonable force as may be necessary. (6) Any person who, on the appointed day, has in his possession or under his control any books, papers or other documents relating to the undertaking of either of the two companies, including the minutes books containing the resolutions of the persons in charge of the management thereof before the appointed day, the.....

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Delivery of Books and Newspapers (Public Libraries) Act, 1954 Complete Act

Title: Delivery of Books and Newspapers (Public Libraries) Act, 1954

State: Central

Year: 1954

Preamble1 - DELIVERY OF BOOKS AND NEWSPAPERS (PUBLIC LIBRARIES) ACT, 1954 Section1 - Short title and extent Section2 - Definitions Section3 - Delivery of books of public libraries Section3A - Delivery of newspapers to public libraries Section4 - Receipt for books delivered Section5 - Penalty Section6 - Cognizance of offences Section7 - Application of Act to books and newspapers published by Government Section8 - Power to make rules Amending Act1 - DELIVERY OF BOOKS (PUBLIC LIBRARIES) AMENDMENT ACT, 1956

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Customs Act, 1962 Section 144

Title: Power to Take Samples

State: Central

Year: 1962

(1) The proper officer may, on the entry or clearance of any goods or at any time while such goods are being passed through the customs area, take samples of such goods in the presence of the owner thereof, for examination or testing, or for ascertaining the value thereof, or for any other purposes of this Act. (2) After the purpose for which a sample was taken is carried out, such sample shall, if practicable, be restored to the owner, but if the owner fails to take delivery of the sample within three months of the date on which the sample was taken, it may be disposed of in such manner as the1[Commissioner of Customs] may direct. (3) No duty shall be chargeable on any sample of goods taken under this section which is consumed or destroyed during the course of any test or examination thereof, if such duty amounts to five rupees or more. _____________________ 1. Substituted by Act 22 of 1995, section 50, for "Collector of Customs" (w.e.f. 26-5-1995).

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