{ "schema_version": "qanun-law-text/1", "id": "punjab-code-e789bfa85c392cde", "title": "SALE OF GOODS ACT, 1930", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/ATdXYwo6AjA-", "version": null, "source_snapshot": "2026-08-06T17:02:42Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "91a1c5ce2edc95d702e2b2391970d1acea987cd8942573f6260e66a851e02d20", "source_sha256": "91a1c5ce2edc95d702e2b2391970d1acea987cd8942573f6260e66a851e02d20", "text_version_id": "law:punjab-code-e789bfa85c392cde:sha256:91a1c5ce2edc95d702e2b2391970d1acea987cd8942573f6260e66a851e02d20", "quality_flags": [], "encoding": "UTF-8", "text": "SALE OF GOODS ACT, 1930 \r\n(III of 1930) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Application of provisions of Act of 1872 \r\n4. Sale and agreement to sell \r\n5. Contract of sale how made \r\n6. Existing or future goods \r\n7. Goods perishing before making of contract \r\n8. Goods perishing before sale but after agreement to sell \r\n9. Ascertainment of price \r\n10. Agreement to sell at valuation \r\n11. Stipulation as to time \r\n12. Condition and warranty \r\n13. When condition to be treated as warranty \r\n14. Implied undertaking, as to title, etc. \r\n15. The words and comma \r\n16. Sale by description \r\n16-A. Seller to inform buyer to defect in goods sold \r\n17. Implied conditions as to quality or fitness \r\n18. Sale by sample \r\n19. Goods must be ascertained \r\n20. Property passes when intended to pass \r\n21. Specific goods in a deliverable state \r\n22. Specific goods to be put into a deliverable state \r\n23. Specific goods in a deliverable state, when the seller has to do anything \r\nthereto in order to ascertain price \r\n24. Sale of unascertained goods and appropriation. \r\n25. Goods sent on approval or \"on sale or return\". \r\n26. Reservation of right of disposal. \r\n27. Risk prima facie passes with property. \r\n28. Sale by person not the owner \r\n29. Sale by one of joint owners \r\n30. Sale by person in possession under voidable contact. \r\n31. Seller or buyer in possession after sale. \r\n32. Duties of seller and buyer \r\n33. Payment and delivery are concurrent conditions. \r\n34. Delivery. \r\n35. Effect of part delivery. \r\n36. Buyer to apply for delivery \r\n37. Rules as to delivery. \r\n38. Delivery of wrong quantity. \r\n39. Instalment delivers. \r\n40. Delivery to carrier or wharfinger. \r\n41. Risk where goods are delivered at distant place. \r\n42. Buyer's right of examining the goods. \r\n43. Acceptance. \r\n44. Buyer not bound to return rejected goods. \r\n45. Liability of buyer for neglecting or refusing delivery of goods. \r\n46. \"Unpaid seller\" defined. \r\n47. Unpaid seller's rights. \r\n48. Seller's lien. \r\n49. Part delivery. \r\n50. Termination of lien. \r\n51. Right of stoppage in transit. \r\n52. Duration of transit. \r\n53. How stoppage in transit is effected. \r\n54. Effect of sub-sale or pledge by buyer. \r\n55. Sale not generally rescinded by lien or stoppage in transit. \r\n56. Suit of price. \r\n57. Damages for non-acceptance. \r\n58. Damages for non-delivery. \r\n59. Specific performance. \r\n60. Remedy for breach of warranty. \r\n61. Repudiation or contract before due data \r\n62. Interest by way of damages and special damages. \r\n63. Exclusion of implied terms and conditions. \r\n64. Reasonable time a question of fact. \r\n64-A. In contracts of sale amount of increased or decreased duty to be added \r\nor deducted \r\n65. Auction sale. \r\n66. Repeal. \r\n67. Savings. \r\n68. Mode of giving public notice. \r\n69. Repeals \r\n70. Savings \r\nTEXT \r\n1\r\nSALE OF GOODS ACT, 1930 \r\n(III of 1930) \r\n[5th March, 1930] \r\nAn \r\nAct \r\nto define and amend the law relating to the sale of goods \r\nWHEREAS it is expedient to define and amend the law relating to the sale of \r\ngoods; \r\nIt is hereby enacted as follows:– \r\nCHAPTER I PRELIMINARY \r\n1. Short title, extent and commencement.– (1) This Act may be called the \r\n2\r\n*** \r\nSale of Goods Act, 1930. \r\n3\r\n[(2) It extends to the whole of Pakistan.] \r\n(3) It shall come into force into force on the first day of July, 1930 \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(1) \"buyer\" means a person who buys or agrees to buy goods; \r\n(2) \"delivery\" means voluntary transfer of possession from one person to \r\nanother; to be in a \"deliverable state\" when they are in such state that \r\nthe buyer would under the contract be bound to take delivery of them; \r\n(3) \"document of title to goods\" includes a bill of lading, dock- warrant, \r\nwarehouse keeper's certificate, wharfingers' certificate, railway receipt, \r\nwarrant or order for the delivery of goods and any other document used \r\nin ordinary course of business as proof of the possession or control of \r\ngoods, or authorising or purporting to authorise, either by endorsement \r\nor by delivery, the possessor of the document to transfer or receive \r\ngoods thereby represented; \r\n(4) \"fault\" means wrongful act or default; \r\n(5) \"future goods\" means goods to be manufactured or produced or \r\nacquired by the seller after the making of the contract of sale; \r\n(6) \"goods\" means every kind of movable property other than actionable \r\n \r\n1For Statement of Objects and Reasons and for Report of Special Committee. See Gazette of India, 1929 Pt. V.p. 163: for \r\nReport of Select Committed, see ibid., 1930, Pt. V. p.1. This Act has been applied to Phulera in the Excluded A rea of Upper \r\nTanawal to the extent the Act is applicable in the N.W.F.P. subject to certain modifications, and also extended to the Excluded \r\nArea of Upper Tanawal (N.-W.F.P.) other than Phulera with effect from such date and subject to such modifications as may be \r\nnotified, see N. -W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulations, 1950. It has also been extended to the Leased \r\nAreas of Balochistan, see the Leased Areas of Balochistan, see Gazette of India, 1937, Pt. I. p. 1499. \r\n2The word \"Indian\" omitted by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), S.3. and Second Schedule. \r\n3Subs. by the Central Laws (Statute Reforms) Ordinance, 1960 (21 of 1960).S.3.and Second Schedule. (with effect from the \r\n14th October, 1955), for subsection (2) which was amended by the A.O., 1949 and Act 26 of 1951. \r\nclaims and money; and includes \r\n4\r\n[electricity, water, gas,] stock and \r\nshares, growing crops, grass, and things attached to or forming part of \r\nthe land which are agreed to be severed before sale or under the \r\ncontract of sale; \r\n(7) a person is said to be \"insolvent\" who has ceased to pay his debts in \r\nthe ordinary course of business, or cannot pay his debts as they \r\nbecome due, whether he has committed and act of insolvency or not; \r\n(8) \"mercantile agent\" means a mercantile agent having in the customary \r\ncourse of business as such agent authority either to sell goods, or to \r\nconsign goods for the purposes of sale, or to buy goods, or to raise \r\nmoney on the security of goods; \r\n(9) \"price\" means the money consideration for a sale of goods; \r\n(10) \"property\" means the general property in goods, and not merely a \r\nspecial property; \r\n(11) \"quality of goods\" includes their state or condition; \r\n(12) \"Seller\" means a person who sells or agrees to sell goods; \r\n(13) \"specific goods\" means goods identified and agreed upon at the time a \r\ncontract of sale is made; and \r\n(14) expressions used but not defined in this act and defined in the Contract \r\nAct, 1872 (IX of 1872), have the meanings assigned to them in that \r\nAct. \r\n3. Application of provisions of Act of 1872.– The unrepealed provisions of the \r\nContract Act, 1872 (IX of 1872), save in so far as they are inconsistent with the \r\nexpress provisions of this Act, shall continue to apply to contracts for the sale of \r\ngoods. \r\nCHAPTER II \r\nFORMATION OF THE CONTRACT \r\nContract of Sale \r\n \r\n4. Sale and agreement to sell.– (1) A contract of sale of goods is a contract \r\nwhereby the seller transfers or agrees to transfer the property in goods to the buyer \r\nfor a price. There may be a contract of sale between one part-owner and another. \r\n(2) A contract of sale may be absolute or conditional Where under a \r\ncontract of sale the property in the goods is transferred from the seller to the buyer, \r\nthe contract is called a sale, but where the transfer of the property in the goods is to \r\ntake place at a future time or subject to some condition thereafter to be fulfilled, the \r\ncontract is called in agreement to sell. \r\n(3) An agreement to sell becomes a sale when the time elapses or the \r\nconditions are fulfilled subject to which the property in the goods is to be transferred. \r\nFormalities of the Contract \r\n5. Contract of sale how made.– (1) A contract of sale is made by an offer to \r\n \r\n4Ins. by the Sale of Goods (Amendment) Ordinance, 1962 (47 of 1962), S, 2 with effect from the 7th June, 1962) \r\nbuy or sell goods for a price and the acceptance of such offer. The contract may \r\nprovide for the immediate delivery of the goods or immediate payment of the price or \r\nboth, or for the delivery or payment by instalments, or that the delivery or payment or \r\nboth shall be postponed. \r\n(2) Subject to the provisions of any law for the time being in force a \r\ncontract of sale may be made in writing or by word of mouth, or partly in writing and \r\nparty by word of mouth or may be implied from the conduct of the parties. Subject-\r\nmatter of Contract \r\n6. Existing or future goods.– (1) The goods which form the subject of a \r\ncontract of sale may be either existing goods, owned or possessed by the seller, or \r\nfuture goods. \r\n(2) There may be a contract for the sale of goods the acquisition of which \r\nby the seller depends upon a contingency which may or may not happen. \r\n(3) Where by a contract of sale the seller purports to effect a present sale \r\nof future goods, the contract operates as an agreement to sell the goods. \r\n7. Goods perishing before making of contract.– Where there is a contract for \r\nthe sale of specific goods, the contract is void if the goods without the knowledge of \r\nthe seller have, at the time when the contract was made, perished or become so \r\ndamaged as no longer to answer to their description in the contract. \r\n8. Goods perishing before sale but after agreement to sell.– Where there is \r\nan agreement to sell specific goods, and subsequently the goods without any fault \r\non the part of the seller or buyer perish or become so damaged as no longer to \r\nanswer to their description in the agreement before the risk passes to the buyer, the \r\nagreement is thereby avoided. The Price \r\n9. Ascertainment of price.– (1) The price in a contract of sale may be fixed by \r\nthe contract or may be left to be fixed in manner thereby agreed or may be \r\ndetermined by the course of dealing between the parties. \r\n(2) Where the price is not determined in accordance with the foregoing \r\nprovisions, the buyer shall pay the seller a reasonable price. What is a reasonable \r\nprice is a question of fact dependent on the circumstances of each particular case. \r\n10. Agreement to sell at valuation.– (1) Where there is an agreement to sell \r\ngoods on the terms that the price is to be fixed by the valuation of a third party and \r\nsuch third party cannot or does not make such valuation, the agreement is thereby \r\navoided: Provided that, if the goods or any part have been delivered to and \r\nappropriated by the buyer, he shall pay a reasonable price thereof. \r\n(2) Where such third party is prevented from making the valuation by the \r\nfault of the seller or buyer, the party not in fault may maintain a suit for damages \r\nagainst the party in fault. Conditions and Warranties \r\n11. Stipulation as to time.– Unless a different intention appears from the terms \r\nof the contract, stipulations as to time of payment are not deemed to be of the \r\nessence of a contract of sale. Whether any other stipulation as to time is of the \r\nessence of the contract or not depends on the terms of the contract. \r\n12. Condition and warranty.– (1) A stipulation in a contract of sale with \r\nreference to goods which are the subject thereof may be a condition of a warranty. \r\n(2) A condition is a stipulation essential to the main purpose of the \r\ncontract, the breach of which gives rise to a right to treat the contact as repudiated. \r\n(3) A warranty is a stipulation collateral to the main purpose of the \r\ncontract, the breach of which gives rise to claim for damages but not to a right to \r\nreject the goods and treat the contract as repudiated. \r\n(4) Whether a stipulation in contract of sale is a condition or a warranty \r\ndepends in each cease on the construction of the contract. A stipulation may be a \r\ncondition, though called a warranty in the contract. \r\n13. When condition to be treated as warranty.– (1) Where a contract of sale is \r\nsubject to any condition to be fulfilled by the seller, the buyer may waive the \r\ncondition or elect to treat the breach of the condition as a breach of warranty and not \r\nas a ground for treating the contract as repudiated. \r\n(2) Where a contract of sale is not severable and the buyer has accepted \r\nthe goods are part thereof \r\n5\r\n*** the breach of any condition to be fulfilled by the seller \r\ncan only be treated as a breach of warranty and not as a ground for rejecting the \r\ngoods and treating the contract as repudiated, unless there is a term of the contract, \r\nexpress or implied, to that effect. \r\n(3) Nothing in this section shall affect the case of any condition or warranty \r\nfulfilment of which is excused by law by reason of impossibility or otherwise. \r\n14. Implied undertaking, as to title, etc.– In a contract of sale, unless the \r\ncircumstances of the contract are such as to show a different intention there is– \r\n(a) an implied condition on the part of the seller that, in the case of sale, he \r\nhas a right to sell the goods and that, in the case of an agreement to \r\nsell, he will have a right to sell the goods at the time when the property \r\nis to pass; \r\n15. The words and comma.– \"or where the contract is for specific goods the \r\nproperty in which has passed to the buyer,\" \r\n(a) an implied warranty that the buyer shall have and enjoy quiet \r\npossession of the goods; \r\n(b) an implied warranty that the goods shall be free from any charge or \r\nencumbrance in favour of any third party not declared or known to the \r\nbuyer before or at the time when the contract is made. \r\n16. Sale by description.– Where there is a contract for the sale of goods by \r\ndescription there is an implied condition that the goods shall correspond with the \r\ndescription; and, if the sale is by sample as well as by description, it is not sufficient \r\nthat the bulk of the goods corresponds with the sample if the goods do not also \r\ncorrespond with the description. \r\n \r\n5Omitted by the Sale of Goods (Amendment) Ordinance, 1962 (47 of 1962), S.3 (with effect from the 7th June, 1962). \r\n6\r\n[16-A. Seller to inform buyer to defect in goods sold.–Notwithstanding anything \r\ncontained in section 16, and save where the parties have entered into a agreement \r\nto the cont rary, the seller shall be under an obligation to inform the buyer of any \r\ndefect in the goods sold at the time of the contract, except in a case where the defect \r\nthe defect is obviously known to the buyer.] \r\n17. Implied conditions as to quality or fitness.– Subject to the provisions of \r\nthis Act and of any other law for the time being in force, thee is no implied warranty \r\nor condition as to the quality or fitness for any particular purpose of goods supplied \r\nunder a contract of sale, except as follows:– \r\n(1) Where the buyer, expressly or by implication, makes known to the \r\nseller the particular purpose for which the goods are required, so as to \r\nshow that the buyer relies on the seller's skill or judgment, and the \r\ngoods are of a description which it is in the course of the seller's \r\nbusiness to supply (whether he is the manufacturer or products or not), \r\nthere is an implied condition that the goods shall be reasonably fit for \r\nsuch purposes: Provided that, in the case of a contract for the sale of a \r\nspecified article under its patent or other trade name, there is no \r\nimplied condition as to its fitness for any particular purpose \r\n(2) Where goods are bought by description from a seller who deals in \r\ngoods of that description (whether he is the manufacturer or producer \r\nor not), there is an implied condition that the goods shall be of \r\nmerchantable quality: Provided that, if the buyer has examined the \r\ngoods, there shall be no implied condition as regards defects which \r\nsuch examination ought to have revealed. \r\n(3) An implied warranty or condition as to quality or fitness for a particular \r\npurpose may be annexed by the usage of trade. \r\n(4) An express warranty or condition does not negative a warranty or \r\ncondition implied by this Act unless inconsistent therewith. \r\n18. Sale by sample.– (1) A contract of sale is a contract for sale by sample where \r\nthere is a term in the contract, express or implied, to that effect. \r\n(2) In the case of a contract for sale by sample there is an implied \r\ncondition– \r\n• That the bulk shall correspond with the sample inquality; \r\n• that the buyer shall have a reasonable opportunity of comparing the \r\nbulk with the sample; \r\n• that the goods shall be free from any defect, rendering them \r\nunmerchantable which would not be apparent on reasonable \r\nexamination of the sample. \r\nCHAPTER III \r\nEFFECTS OF THE CONTRACT \r\nTransfer of Property as between Seller and Buyer \r\n \r\n6S.16-A, inserted by Sale of Goods (Amendment) Act (XVIII of 1994), S.2 with effect from 23-10-1994. \r\n19. Goods must be ascertained.–Where there is a contract for the sale of \r\nunascertained goods, no property in the goods is transferred to the buyer unless and \r\nuntil the goods are ascertained. \r\n20. Property passes when intended to pass.– (1) Where there is a contract for \r\nthe sale of specific or ascertained goods the property in them is transferred to the \r\nbuyer at such time as the parties to the contract intend in to the transferred. \r\n(2) For the purpose of ascertaining the intention of the parties regard shall \r\nbe had to the terms of the contract, the conduct of the parties and the circumstance \r\nof the case. \r\n(3) Unless a different intention appears, the rules contained in section 20 \r\nto 24 are rules for ascertaining the intention of the parties as to the time at which the \r\nproperty in the goods is to pass to the buyer. \r\n21. Specific goods in a deliverable state.– Where there is an unconditional \r\ncontract for the sale of specific goods in a deliverable state, the property in the goods \r\npasses to the buyer when the contract is made, and it is immaterial whether the time \r\nof payment of the price or the time of delivery of the goods, or both, is postponed. \r\n22. Specific goods to be put into a deliverable state.– Where there is a \r\ncontract for the sale of specific goods and the seller is bound to do something of the \r\ngoods for the purpose of putting them into a deliverable state, the property does not \r\npass until such thing is done and the buyer has notice thereof. \r\n23. Specific goods in a deliverable state, when the seller has to do anything \r\nthereto in order to ascertain price.– Where there is a contract for the sale of \r\nspecific goods in a deliverable state, but the seller is bound to weigh, measure, test \r\nor do some other act or thing with reference to the goods for the purpose of \r\nascertaining the price, the property does not pass until such act or thing is done and \r\nthe buyer has notice thereof. \r\n24. Sale of unascertained goods and appropriation.– (1) Where there is a \r\ncontract for the sale of unascertained or future goods by description and goods of \r\nthat description and in a deliverable state are unconditionally appropriated to the \r\ncontract, either by the seller with the assent of the buyer or by the buyer with the \r\nassent of the seller, the property in the goods thereupon passes to the buyer, Such \r\nassent may be express or implied, and may be given either before or after the \r\nappropriation is made. \r\n(2) Delivery to carrier.– Where, in pursuance of the contract, the seller \r\ndelivers the goods to the buyer or to a carrier to other bailee (whether named by the \r\nbuyer or not) for the purpose of transmission to the buyer, and does not reserve the \r\nright to disposal, he is deemed to have unconditionally appropriated the goods to the \r\ncontract. \r\n25. Goods sent on approval or \"on sale or return\".– When goods are \r\ndelivered to the buyer on approval or \"on sale or return\" of other similar terms, the \r\nproperty therein passes to the buyer– \r\n(a) when he signifies his approval or acceptance to the seller or does any \r\nother act adopting the transaction; \r\n(b) if he does not signify his approval or acceptance to the seller but \r\nretains the does without giving of rejection, then, if a time has been \r\nfixed for the return of the goods, on the expiration of such time, and, if \r\nno time has been fixed, on the expiration of a reasonable time. \r\n26. Reservation of right of disposal.– (1) Where there is a contract for the sale \r\nof specific goods or where goods are subsequently appropriated to the contract, the \r\nseller may, be the terms of the contract or appropriation, reserve the right of disposal \r\nof the goods until certain conditions are fulfilled. In such case, notwithstanding the \r\ndelivery of the goods to a buyer, or to a carrier or other bailee for the purpose of \r\ntransmission to the buyer, the property in the goods does not pass to the buyer until \r\nthe imposed by the seller are fulfilled. \r\n \r\n7\r\n[(2) Where goods are shipped or are dispatched by railway and are by the \r\nbill of lading or by railway receipt deliverable to the order of the seller or his agent the \r\nseller is prima facie deemed to reserve the right of disposal]. \r\n(3) Where the seller of goods draws on the buyer for the price and \r\ntransmits the bill of exchange and \r\n8\r\n[bill of landing or railway receipt] to the buyer \r\ntogether, to secure acceptance or payment of the bill of exchange, the buyer is \r\nbound to return the \r\n9\r\n[bill of lading or railway receipt] if he does not honour the bill of \r\nexchange and if he wrongfully retains the \r\n10\r\n[bill of lading or railway receipt] the \r\nproperty in the goods does not pass to him. \r\n27. Risk prima facie passes with property.– Unless otherwise agreed, the \r\ngoods remain at the seller's risk until the property therein is transferred to the buyer, \r\nbut when the property therein is transferred to the buyer, but when the property \r\ntherein is transferred to the buyer, the goods are at the buyer's risk whether delivery \r\nhas been made or not: Provided that, where delivery has been delayed through the \r\nfault of either buyer or seller, the goods are at the risk of the party in fault as regards \r\nany loss which might not have occurred but for such fault: Provided also that nothing \r\nin this section shall affect the duties or liabilities of either seller or buyer as a bailee \r\nof the goods of the other party. \r\nTransfer of Title \r\n28. Sale by person not the owner.– Subject to the provisions of this Act and of \r\nany other law for the time being in force, where goods are sole by a person who is \r\nnot the owner thereof and who does not sell them under the authority or with the \r\nconsent of the owner, the buyer acquires no better title to the goods than the seller \r\nhad, unless the owner of the goods is by his conduct precluded from denying the \r\nseller's authority to sell: \r\nProvided that, where a mercantile agent is, with the consent of the owner, in \r\npossession of the goods or of a document of title to the goods, any sale made by \r\n \r\n7Subs. by the Sale of Goods (Amendment) Ordinance, 1962 (47 of 1962), S.4 (with effect from the 7th June 1962), for the \r\noriginal subsection (2). \r\n8Subs. by the Sale of Goods (Amendment) Ordinance, 1962 (47 of 1962), S.4 with effect from the 7th June, 1962), for \"bill of \r\nlading\" \r\n9Subs. by the Sale of Goods (Amendment) Ordinance, 1962 (47 of 1962), S.4 (with effect from the 7th Ju ne, 1962), for \"bill of \r\nlading\". \r\n10Subs. by the Sale of Goods (Amendment) Ordinance, 1962 (47 of 1962), S.4 (with effect from the 7th June, 1962), for \"bill of \r\nlading\". \r\nhim, when acting in the ordinary course of business of a mercantile agent, shall be \r\nas valid as if he were expressly authorised by the owner of the goods to make the \r\nsame; provided that the buyer acts in goods faith and has not at the time of the \r\ncontract of sale notice that the seller has not authority to sell. \r\n29. Sale by one of joint owners.– If one of several joint owners of goods has the \r\nsole possession of the by permission of the co- owners, the property in the goods is \r\ntransferred to any person who buys them of such joint owner in good faith and has \r\nnot at the time of the contract of sale notice that the seller has not authority to sell. \r\n30. Sale by person in possession under voidable contact.– When the seller of \r\ngoods has obtained possession thereof under a contract voidable under section 19 \r\nor section 19-A of the Contract Act, 1872, but the contract has not been rescinded at \r\nthe time of the sale, the buyer acquires a goods title to the goods, provided he buys \r\nthem in goods faith and without notice of the seller's defect of title. \r\n31. Seller or buyer in possession after sale.– (1) Where a person, having sold \r\ngoods, continues or is in possession of the goods or of the documents of title to the \r\ngoods, the delivery or transfer by that person or by mercantile agent acting for him, \r\nof the goods or documents of title under any sale, pledge or other disposition thereof \r\nto any person receiving the same in good faith and without notice of the previous \r\nsale shall have the same effect as if the person making the delivery or transfer were \r\nexpressly authorised by the owner of the goods to make the same. \r\n(2) Where a person, having bought or agreed to buy goods, obtains, with \r\nthe consent of the seller, possession of the goods or the documents of title to the \r\ngoods, the delivery or transfer by that person or by a mercantile agent acting for him, \r\nof the goods or documents of title under any sale, pledge or other disposition thereof \r\nto any person receiving the same in good faith and without notice of any lien or other \r\nright of the original seller in respect of the goods shall have effects as if such lien or \r\nright did not exist. \r\nCHAPTER IV \r\nPERFORMANCE OF THE CONTRACT \r\n32. Duties of seller and buyer.– It is duty of the seller to deliver the goods of the \r\nbuyer to accept and pay for them, in accordance with the terms of the contract of \r\nsale. \r\n33. Payment and delivery are concurrent conditions.– Unless otherwise \r\nagreed, delivery of the goods and payment of the price are concurrent conditions, \r\nthat is to say, the seller shall be ready and wiling to give possession of the goods to \r\nthe buyer in exchange for the price, and the buyer shall be ready and willing to pay \r\nthe price in exchange for possession of the goods. \r\n34. Delivery.– Delivery of goods sold may be made by doing anything which the \r\nparties agree shall be treated as delivery or which has the effect of putting the goods \r\nin the possession of the buyer or of any person authorised to hold them on his \r\nbehalf. \r\n35. Effect of part delivery.– A delivery of party of goods, in progress of the \r\ndelivery of the whole, has the same effect, for the purpose of passing the property in \r\nsuch goods, as a delivery of the whole; but a delivery of part of the goods, with an \r\nintention of severing it from the whole, does not operate as a delivery of the \r\nremainder. \r\n36. Buyer to apply for delivery.– Apart from any express contract, the seller of \r\ngoods is not bound to deliver them until the buyer applies for delivery. \r\n37. Rules as to delivery.– (1) Whether it is for the buyer to take possession of \r\nthe goods or for the seller to send them to the buyer is a question depending in each \r\ncase on the contract, express or implied, between the parties. Apart from any such \r\ncontract, goods sold are to be delivered at the place at which they are at the time of \r\nthe sale, and goods agreed to be sold are to be delivered at the place at which they \r\nare at the time of the agreement to sell, or if not them in existence, at the place at \r\nwhich they are manufactured or produced. \r\n(2) Where under the contract of sale the seller is bound to send the goods \r\nto the buyer, but no time for sending them is fixed, the seller is bound to send them \r\nwithin a reasonable time. \r\n(3) Where the goods at the time of sale are in the possession of a third \r\nperson, there is no delivery by seller to buyer unless and until such third person \r\nacknowledges to the buyer that he holds the goods on his behalf: Provided that \r\nnothing in this section shall affect the operation of the issue or transfer of any \r\ndocument of title to goods. \r\n(4) Demand or tender of delivery may be treated as ineffectual unless \r\nmade at a reasonable hour. What is a reasonable hour is a question of fact. \r\n(5) Unless otherwise agreed, the expenses of and incidental to putting the \r\ngoods into a deliverable state shall be borne by the seller. \r\n38. Delivery of wrong quantity.– (1) Where the seller delivers to the buyer a \r\nquantity of goods less than he contracted to sell, the buyer may reject them, but if \r\nthe buyer accept the goods so delivered he shall pay for them at the contract rate. \r\n(2) Where the seller delivers to the buyer a quantity of goods larger than \r\nhe contracted to sell, the buyer may accept the goods included in the contract and \r\nreject the rest, or \r\n11\r\n[if the goods delivered are such that it is difficult or time \r\nconsuming to separate the quantity contracted for,] he may reject the whole. If the \r\nbuyer accept the whole of the goods so delivered, he shall pay for them at the \r\ncontract rate. \r\n(3) Where the seller delivers to the buyer the goods he contracted to sell \r\nmixed with goods of a different description not included in the contract, the buyer \r\nmay accept the goods which are in accordance with the contract and reject the rest, \r\nor may reject the whole. \r\n(4) The provisions of this section are subject to any usage of trade, special \r\nagreement or course of dealing between the parties. \r\n39. Instalment delivers.– (1) Unless otherwise agreed, the buyer of goods is not \r\nbound to accept delivery thereof by instalments. \r\n \r\n11Inserted by Sale of Goods (Amendment) Act (XVIII of 1994), S.3 w.e.f. 23-10-1994. \r\n(2) Where there is a contract for the sale of goods to be delivered by \r\nstated instalments which are to be separately paid for and the seller makes no \r\ndelivery or defective delivery in respect of one or more instalments, or the buyer \r\nneglects or reduces to take delivery of or pay for one or more instalments, it is a \r\nquestion in each case depending on the terms of the contract and the circumstances \r\nof the case, whether the breach of contract is a repudiation of the whole contract, or \r\nwhether it is a severable breach giving rise to a claim for compensation, but not to a \r\nright to treat the whole contract as repudiated. \r\n40. Delivery to carrier or wharfinger.– (1) Where, in pursuance of a contract of \r\nsale, the seller is authorised or required to send the goods to the buyer, delivery of \r\nthe goods to a carrier, whether named by the buyer or not, for the purpose of \r\ntransmission to the buyer or delivery of the goods to a wharfinger for sale custody, is \r\na prima facie deemed to be delivery of the goods to the buyer. \r\n(2) Unless otherwise authorised by the buyer, the seller shall make such \r\ncontract with the carrier or wharfinger on behalf of the buyer as may be reasonable \r\nhaving regard to the nature of the goods and the other circumstances of the case. If \r\nthe seller omits so to do and the goods are lost or damaged in course of transit or \r\nwhilst in the custody of the wharfinger, the buyer may decline to treat the delivery to \r\nthe carrier or wharfinger as a delivery to himself, or may hold the seller responsible \r\nin damages. \r\n(3) Unless otherwise agreed, where goods are sent by the seller to the \r\nbuyer by a route involving sea transit, in circumstances in which it is usual to insure, \r\nthe seller shall such notice to the buyer as may enable him to insure them during \r\ntheir sea transit, and if the seller fails so to do, the goods shall be deemed to be at \r\nhis risk during such sea transit. \r\n41. Risk where goods are delivered at distant place.– Where the seller of \r\ngoods agrees to deliver them at his own risk at a place other than where they, are \r\nwhen sold, the buyer shall, nevertheless, unless otherwise agreed, take any risk of \r\ndeterioration in the goods necessarily incident to the course of transit. \r\n42. Buyer's right of examining the goods.– (1) Where goods are delivered to \r\nthe buyer which he has not previously examined, he is not deemed to have accepted \r\nthem unless and until he has had a reasonable opportunity of examining them for the \r\npurpose of ascertaining whether they are conformity with the contract. \r\n(2) Unless otherwise agreed, when the seller tenders delivery of goods to \r\nthe buyer, he is bound, on request, to afford the buyer a reasonable opportunity of \r\nexamining the goods for the purpose of ascertaining whether they are in conformity \r\nwith the contract. \r\n43. Acceptance.– The buyer is deemed to have accepted the goods when he \r\nintimates to the seller, that he has accepted them, or when the goods have been \r\ndelivered to him and he does any act in relation to them which is inconsistent with \r\nthe ownership of the seller, or when, after the lapse of a reasonable time he retains \r\nthe goods without intimating to the seller that he has rejected them. \r\n44. Buyer not bound to return rejected goods.– Unless otherwise agreed, \r\nwhere goods are delivered to the buyer and he refuses to accept them, having the \r\nright so to do, he is not bound to return them to the seller, but it is sufficient if he \r\nintimates to the seller that he refuses to accept them. \r\n45. Liability of buyer for neglecting or refusing delivery of goods.– When the \r\nseller is ready and willing to deliver the goods and requests the buyer to take \r\ndelivery, and the buyer does not within a reasonable time after such request take \r\ndelivery of the goods, he is liable to the seller for any loss occasioned by his neglect \r\nor refusal to take delivery, and also for a reasonable charge for the care and custody \r\nof the goods: Provided that nothing in this section shall affect the rights of the seller \r\nwhere the neglect or refusal of the buyer to take delivery amounts to a repudiation of \r\nthe contract. \r\nCHAPTER V \r\nRIGHT OF UNPAID SELLER AGAINST THE GOODS \r\n46. \"Unpaid seller\" defined.– (1) The seller of goods is deemed to be an \"unpaid \r\nseller\" within the meaning of this Act– \r\n(1) when the whole of the price has not been paid or tendered; \r\n(2) when a bill of exchange or other negotiable instrument has been \r\nreceived as conditional payment, and the condition on which it was \r\nreceived has not been fulfilled By reason of the dishonor of the \r\ninstrument or otherwise. In this Chapter, the term \"seller\" includes any \r\nperson who is in the position of a seller, as, for instance, an agent of \r\nthe seller to whom the bill of landing has been endorsed, or a \r\nconsignor or agent who has himself paid, or is directly responsible for, \r\nthe price. \r\n47. Unpaid seller's rights.– (1) Subject to the provisions of the Act and of any \r\nlaw for the time being in force, notwithstanding that the property in the goods may \r\nhave passed to the buyer, the unpaid seller of goods, as such, has by implications of \r\nlaw– \r\n(1) a lien on the goods for the price while he is in possession of them; \r\n(2) in case of the insolvency of the buyer a right of stopping the transit he \r\nparted. a right of re-sale as limited by this Act. \r\n(3) Where the property in goods has not passed to the buyer, the unpaid \r\nseller has, in addition to his other remedies, a right of withholding \r\ndelivery similar to and co-extensive with his rights of lien and stoppage \r\nin transit where the property has passed to the buyer. Unpaid Seller's \r\nLien \r\n48. Seller's lien.– (1) Subject to the provisions of this Act, the unpaid seller of \r\ngoods who is in possession of them is entitled to retain possession of them until \r\npayment or tender of the price in the following cases, namely:– \r\n(1) where the goods have been sold without any stipulation as to credit; \r\n(2) where the goods have been sold on credit, but the term of has expired; \r\nwhere the buyer becomes insolvent. \r\n(3) The seller may exercise his right of lien notwithstanding that he is in \r\npossession of the goods as agent or bailee for the buyer. \r\n49. Part delivery.– Where an unpaid seller has made part delivery of the goods, \r\nhe may exercise his right of lien on the remainder, unless such part delivery has \r\nbeen made under such circumstance as to show an agreement to waive the lien. \r\n50. Termination of lien.– (1) The unpaid seller of goods loses his lien thereon– \r\n(1) when he delivers the goods to a carrier or other bailee for the purpose \r\nof transmission to the buyer without reserving the right of disposal of \r\nthe goods; \r\n(2) when the buyer or his agent lawfully obtains possession of the goods; \r\nby waiver thereof. \r\n(3) The unpaid seller of goods, having a lien thereon, does not lose his lien \r\nby reason only that he has obtained a decree for the price of the \r\ngoods. Stoppage in Transit \r\n51. Right of stoppage in transit.– Subject to the provisions of this Act, when the \r\nbuyer of goods becomes insolvent, the unpaid seller who has parted with the \r\npossession of the goods has the right of stopping them in transit, that is to say, he \r\nmay resume possession of the goods as long as they are in the course of transit, \r\nand may retain them until the payment or tender of the price. \r\n52. Duration of transit.– (1) Goods are deemed to be in course of transit from \r\nthe time when they are delivered to a carrier or other bailee for the purpose of \r\ntransmission to the buyer, until the buyer or his agent in that behalf takes delivery of \r\nthem from such carrier or other bailee. \r\n(2) If the buyer or his agent in that behalf obtains delivery of the goods \r\nbefore their arrival at the appointed destination, the transit is at an end. \r\n(3) If, after the arrival of the goods at the appointed destination, the carrier \r\nor other bailee acknowledges to the buyer or his agent that he holds the goods on \r\nhis behalf and continues in possession of them as bailee for the buyer or his agent, \r\nthe transit is at an end it is immaterial that a further destination for the goods may \r\nhave been indicated by the buyer. \r\n(4) If the goods are rejected by the buyer and the carrier or other bailee \r\ncontinues in possession of them, the transit is not deemed to be at an end, even if \r\nthe seller has refused to receive them back. \r\n(5) When goods are delivered to a ship chartered by the buyer, it is a \r\nquestion depending on the circumstances of the particular case, whether they are in \r\nthe possession of the master as a carrier or as agent of the buyer. \r\n(6) Where the carrier or other bailee wrongfully refuses to deliver the \r\ngoods to the buyer or his agent in that behalf, the transit is deemed to be at an end. \r\n(7) Where part delivery of the goods has been made to the buyer or his \r\nagent in that behalf, the remainder of the goods may be stopped in transit, unless \r\nsuch part Delivery has been given in such circumstances as to show an agreement \r\nto give up possession of the whole of the goods. \r\n53. How stoppage in transit is effected.– (1) The unpaid seller may exercise his \r\nright of stoppage in transit either by taking actual possession of the goods, or by \r\ngiving notice of his claim to the carrier of other bailee in whose possession the goods \r\nare. Such notice may be given either to the person in actual possession of the goods \r\nor to his principal. In the later case the notice, to be effectual, shall be given at such \r\ntime and in such circumstances that the principal, by the exercise of reasonable \r\ndiligence, may communicate it to his servant or agent in time to prevent a delivery to \r\nthe buyer \r\n(2) When notice of stoppage in transit is given by the seller to the carrier or \r\nother bailee in possession of the goods, he shall re-deliver the goods to or according \r\nto the directions of the seller. The expenses of such re-delivery shall be borne by the \r\nseller. Transfer by Buyer and Seller \r\n54. Effect of sub-sale or pledge by buyer.– (1). Subject to the provisions of this \r\nAct, the unpaid seller's right of lien or stoppage in transit is not affected by any sale \r\nor other disposition of the goods which the buyer may have made, unless the seller \r\nhas assented thereto: Provided that where a document of title to goods has been \r\nissued or lawfully transferred to any person as buyer or owner of the goods, and that \r\nperson transfers the documents to a person who takes the documents in good faith \r\nand for consideration, then, if such last mentioned transfer was by way of sale, the \r\nunpaid seller's right of lien or stoppage in transit is defeated, and if such last \r\nmentioned transfer was by way of pledge or other disposition for value, the unpaid \r\nseller's right of lien or stoppage in transit can only be exercised subject to the rights \r\nof the transferee. \r\n(2) Where the transfer is by way of pledge, the unpaid seller may require \r\nthe pledge to have the amount secured by the pledge satisfied in the first instance, \r\nas far as possible, out of any other goods or securities of the buyer in the hands of \r\nthe pledgee and available against the buyer. \r\n55. Sale not generally rescinded by lien or stoppage in transit.– (1) Subject to \r\nthe provision of this section, a contract of sale is not rescinded by the mere exercise \r\nby an unpaid seller of his right of lien or stoppage in transit. \r\n(2) Where the goods are of a perishable nature, or where the unpaid seller \r\nwho has exercised his right of lien or stoppage in transit gives notice to the buyer of \r\nhis intention to re-sell, the unpaid seller may, if the buyer does not within a \r\nreasonable time pay or tender the price, re-sell the goods within a reasonable time \r\nand recover from the original buyer damages for any loss occasioned by his breach \r\nof contract, but the buyer shall not be entitled to any profit which may occur on the \r\nre-sale. If such notice is not given, the unpaid seller shall not be entitled to recover \r\nsuch damages and the buyer shall be entitled to the profit, if any, on the re-sale. \r\n(3) Where in unpaid seller who has exercised his right of lien or stoppage \r\nin transit re-sells the goods, the buyer acquires a good title thereto as against the \r\noriginal buyer, notwithstanding that no notice of the re-sale has been given to the \r\noriginal buyer. \r\n(4) Where the seller expressly reserves a right of re-sale in case the buyer \r\nshould make default, and, on the buyer making default, re-sells the goods, the \r\noriginal contract of sale is thereby rescinded, but without prejudice to any claim \r\nwhich the seller may have for damages. \r\nCHAPTER VI \r\nSUITS FOR BREACH OF THE CONTRACT \r\n56. Suit of price.– (1). Where under a contract of sale the property in the goods \r\nhas passed to the buyer and the buyer wrongfully neglects or refuses to pay for the \r\ngoods according to the terms of the contract, the seller may sue him for the price of \r\nthe goods. \r\n(2) Where under a contract of sale the price is payable on a day certain \r\nirrespective of delivery and the buyer wrongfully neglects or refuses to pay such \r\nprice, the seller may sue him for the price although the property in the goods has not \r\npassed and the goods have not been appropriated to the contract. \r\n57. Damages for non-acceptance.– Where the buyer wrongfully neglects or \r\nrefuses to accept and pay for the goods, the seller may sue him for damages for \r\nnon-acceptance. \r\n58. Damages for non-delivery.– Where the seller wrongfully neglects or refuses \r\nto deliver the goods to the buyer, the buyer, may sue the seller for damages for non-\r\ndelivery. \r\n59. Specific performance.– Subject to the provisions of Chapter II of the Specific \r\nRelief Act, 1877, in any suit for breach of contract to deliver specific or ascertained \r\ngoods, the Court may, if it thinks fit, on the applications of the plaintiff, by its decree \r\ndirect that the contract shall be performed specifically, without giving the defendant \r\nthe option of retaining the goods on payment of damages. The decree may be \r\nunconditional, or upon such terms and conditions as to damages, payment of the \r\nprice or otherwise, as the Court may deem just, and the application of the plaintiff \r\nmay be made at any time before the decree. \r\n60. Remedy for breach of warranty.– (1) Where there is a breach of warranty by \r\nthe seller, or where the buyer elects or is compelled to treat any breach of a \r\ncondition on the part of the seller as a breach of warranty, the buyer is not by reason \r\nonly or such breach of warranty entitled to reject the goods; but he may– \r\n(1) set up against the seller the breach of warranty in diminution or \r\nextinction of the price; or sue the seller for damages for breach of \r\nwarranty. \r\n(2) The fact that a buyer has set up a breach of warranty in diminution or \r\nextinction of the price does not prevent him from suing for the same \r\nbreach of warranty if he has suffered further damage. \r\n61. Repudiation or contract before due data.– Where either party to a contract \r\nof sale repudiates the contract before the date of delivery, the other may either treat \r\nthe contract as subsisting and wait till the date of delivery, or he may treat the \r\ncontract as rescinded and sue for damages for the breach. \r\n62. Interest by way of damages and special damages.– (1) Nothing in this Act \r\nshall affect the right of the seller or the buyer to recover interest or special damages \r\nin any case where by law interest or special damages may be recoverable, or to \r\nrecover the money paid where the consideration for the payment of it has failed. \r\n(2) In the absence of a contact to the contract, the Court may award \r\ninterest at such rate as it thinks fit on the amount of the price– \r\n(a) to the seller in a suit by him for the amount of the price from the date of \r\nthe tender of the goods or from the date on which the price was \r\npayable; \r\n(b) to the buyer in a suit by him for the refund of the price in case of a \r\nbreach of the contract on the part of the seller from the date on which \r\nthe payment was made. \r\nCHAPTER VII MISCELLANEOUS \r\n63. Exclusion of implied terms and conditions.– Where any right, duty or \r\nliability would arise under a contract of sale by implication of law, it may be negatived \r\nor varied by express agreement or by the course of dealing between the parties, or \r\nby usage, if the usage is such as to bind both parties to the contract. \r\n64. Reasonable time a question of fact.– Where in this Act any reference is \r\nmade to a reasonable time, the question what is a reasonable time is a question of \r\nfact. \r\n12\r\n[64-A. In contracts of sale amount of increased or decreased duty to be \r\nadded or deducted.– In the event of any duty of customs or excise \r\n13\r\n[or tax] on any \r\ngoods being imposed, increased, decreased or remitted after the making of any \r\ncontract for the sale of such goods without stipulation \r\n14\r\n[as to the payment of duty or \r\ntax where duty or tax] was not chargeable at the time of the making of the contract, \r\nor for the sale of such goo ds \r\n15\r\n[duty paid or tax paid where duty or tax] was \r\nchargeable at that time,– \r\n(a) if such imposition or increase so takes effect that \r\n16\r\n[the duty or \r\ntax or increased duty or tax] as the case may be, or any part \r\nthereof, is paid, the seller may add so much to the contract price \r\nas will be equivalent to the amount paid \r\n17\r\n[in respect of such duty \r\nor tax or increase of duty or tax] and he shall be entitled to be \r\npaid and to sue for and recover such addition, and \r\n(b) if such decrease or remission so takes effect that the de creased \r\nduty \r\n18\r\n[or tax] only or no duty \r\n19\r\n[or tax], as the case may be, is \r\npaid, the buyer may deduct so much from the contract price as \r\nwill be equivalent to the decrease of duty \r\n20\r\n[or tax] or remitted \r\nduty \r\n21\r\n[or tax], and he shall not be liable to pay, or be sued for or \r\nin respect of, such deduction.] \r\n \r\n12S.64-A ins. by the Indian Sale of Goods (Amendment) Act, 1940 (41 of 1940), S.2. \r\n13Ins. by the Sale of Goods (Amdt.) Act, 1956 (5 of 1956), S.2 (with effect from the 11th April, 1956). \r\n14Subs. ibid. (with effect from the 11th April, 1956) for \"as to the payment of duty where duty\". \r\n15Subs. by the Sale of Goods (Amendment) Act, 1956), (with effect from the 11th April, 1956), for \"duty paid where duty\". \r\n16Subs. by the Sale of Goods (Amendment) Act, 1956 (5 of 1956) (with effect from the 11th April, 1956), for \"the du ty or \r\nincreased duty\". \r\n17Subs. by the Sale of Goods (Amendment) Act, 1956 (5 of 1956), (with effect from the 11th April, 1956), for \"in respect of such \r\nduty or increase of duty\". \r\n18Ins. ibid. (with effect for the 11th April, 1956). \r\n19Ins. ibid. (with effect for the 11th April, 1956). \r\n20Ins. ibid. (with effect for the 11th April, 1956). \r\n21Ins. ibid. (with effect for the 11th April, 1956). \r\n22\r\n[Explanation.– The word \"tax\" in this section means the tax payable under the \r\nSales Tax Act, 1951]. \r\n65. Auction sale.– In the case of a sale by auction where goods are put up for \r\nsale in lots, each lot is prima facie deemed to be the subject of a separate contract of \r\nsale; \r\n(2) the sale is complete when the auctioneer announces its completion by \r\nthe fail of the hammer or in other customary manner; and, until such \r\nannouncement is made, any bidder may retract his bid; \r\n(3) a right to bid may be reserved expressly by or on behalf of the seller \r\nand, where such right is expressly so reserved, but not otherwise, the \r\nseller or any one person on his behalf may, subject to the provisions \r\nhereinafter contained, bid at the auction; \r\n(4) where the sale is not notified to be subject to a right to bid on behalf of \r\nthe seller, it shall not be lawful for the seller to bid himself or to employ \r\nany parson to bid at such sale, or for the auctioneer knowingly to take \r\nany bid from the seller or any such person; and any sale contravening \r\nthis rule may be treated as fraudulent by the buyer; \r\n(5) the sale may be notified to be subject to a reserved or upset price; \r\n(6) if the seller makes use of pretended bidding to raise the price, the sale \r\nis voidable at the option of the buyer. \r\n66. [Repeal].– Rep. by the Repealing Act, 1938 (I of 1938), S.2. and Schedule. \r\n67. Savings.– (1) Nothing in this Act or in any repeal effected thereby shall affect \r\nor be deemed to affect– \r\n(a) any right, title, interest, obligation or liability already acquired, accrued \r\nor incurred before the commencement of this Act, or \r\n(b) any legal proceedings or remedy in respect of any such right, title, \r\ninterest, obligation or liability, or anything done commencement, \r\n(c) any enactment relating to the sale of goods which is not expressly \r\nrepealed by this Act, or \r\n(d) any rule of law not inconsistent with this Act. \r\n(2) The rules of insolvency relating to contracts of sale do not apply to any \r\ntransaction in the form of a contract of sale which is intended to operate by way of \r\nmortgage, pledge, charge or other security. \r\n(e) regulating the procedure of the Registrar when disputes arise; \r\n(f) regulating the filing of documents received by the Registrar; \r\n(g) prescribing conditions for the inspection of original documents; \r\n(h) regulating the grant of copies; \r\n(i) regulating the elimination of registers and documents; \r\n \r\n22Explanation added ibid. (with effect from the 11th April, 1956). entries relating to firms are to be made therein, and the mode in \r\nwhich such entries are to be amended or notes made therein. \r\n(j) providing for the maintenance and form of an index to the Register of \r\nFirms; and \r\n(k) generally, to carry out the purposes of this Chapter. \r\n(3) All rules made under this section shall be subject to the conditions of \r\nprevious publications: \r\nProvided further that the fees payable for any service desired on the same \r\nday on which an application for the same is made may be double the aforesaid \r\nmaximum fees. \r\nCHAPTER VIII SUPPLEMENTAL \r\n68. Mode of giving public notice.– A public notice under this Act is given– \r\n(a) where it relates to the retirement or expulsion of a partner from a \r\nregistered firm, or to the dissolution of a registered firm, or to the \r\nelection to become or not to become a partner in a registered firm by a \r\nperson attaining majority who was admitted as a minor to the benefits \r\nof partnership, by notice to the Registrar of Firms under section 63, and \r\nby publication in the \r\n23\r\n[official Gazette] and in at least one vernacular \r\nnewspaper circulating in the district where the firm to which in relates \r\nhas its place or principal place of business, and \r\n(b) in any other case, by publication in the \r\n24\r\n[official Gazette] and in at least \r\none vernacular newspaper circulating in the district where the firm to \r\nwhich it relates has its place or principal place of business. \r\n69. [Repeals.].– Rep. by the Repealing Act, 1938 (I of 1938), S.2 and Schedule. \r\n(a) Proviso added by Partnership (Amendment) Ordinance (XIX of 1981), \r\ndated 18-5-1981 \r\n70. Savings.– Nothing in this Act or any repeal effected thereby shall affect or be \r\ndeemed to effect– \r\n(a) any right, title, interest, obligation or liability already acquired, accrued \r\nor incurred before the commencement of this Act, or \r\n(b) any legal proceeding or remedy in respect of any such right, title, \r\ninterest, obligation or liability, or anything done or suffered before the \r\ncommencement of this Act, or \r\n(c) anything done or suffered before the commencement of this Act, or \r\n(d) any enactment relating to partnership not expressly repealed by this \r\nAct, or \r\n(e) any rule of insolvency relating to partnership, or \r\n(f) any rule of law not inconsistent with this Act. \r\n \r\n23Substituted by A.O., 1937, for \"local official Gazette\". \r\n24Substituted by A.O., 1937, for \"local official Gazette\". \r\n21\r\n[SCHEDULE I] \r\nMAXIMUM FEES \r\n[See subsection (1) of 71] \r\nDocument or act in respect of which the fee is payable Maximum Fees \r\n Rs 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