Sale of Goods Act, 1930 (Bangladesh)

ACT NO. III OF 1930
 
An Act to define and amend the law relating   to the sale of goods 

WHEREAS it is expedient to define and amend the law relating to the sale of goods; It is hereby enacted as follows:-


CHAPTER I

PRELIMINARY

1. Short title, extent and commencement, - (1) This Act may be called the 2** Sale of Goods Act, 1930. 

3[(2) It extends to the whole of Pakistan.] 

(3) It shall come into force into force on the first day of July, 1930 

1. For Statement of Objects and Reasons and for Report of Special  Committee. See Gazette of India, 1929 Pt. V.p. 163: for Report of  Select Committed, see ibid., 1930, Pt. V. p.1. This Act has been  applied to Phulera in the Excluded Area of Upper Tanawal to the extent  the Act is applicable in the N.-W.F.P. subject to certain  modifications, and also extended to the Excluded Area of Upper Tanawal  (N.-W.F.P.) other than Phulera with effect from such date and subject  to such modifications as may be notified, see N.-W.F.P. (Upper  Tanawal) (Excluded Area) Laws Regulations, 1950. 

It has also been extended to the Leased Areas of Balochistan, see the  Leased Areas of Balochistan, see Gazette of India, 1937, Pt. I. p.  1499. 

2. The word "Indian" omitted by the Federal Laws (Revision and  Declaration) Act, 1951 (26 of 1951), S.3. and Second Schedule. 

3. Subs. by the Central Laws (Statute Reforms) Ordinance, 1960 (21 of  1960). S.3. and Second Sched. (with effect from the 14th October,  1955), for subsection (2) which was amended by the A.O., 1949 and Act  26 of 1951.

2. Definitions. - In this Act, unless there is anything repugnant in  the subject or context, - 

(1) "buyer" means a person who buys or agrees to buy goods; 

(2) "delivery" means voluntary transfer of possession from one person  to another; 

(3) goods are said to be in a "deliverable state" when they are in  such state that the buyer would under the contract be bound to take  delivery of them; 

(4) "document of title to goods" includes a bill of lading, dock- warrant, warehouse keeper's certificate, wharfingers' certificate,  railway receipt, warrant or order for the delivery of goods and any  other document used in ordinary course of business as proof of the  possession or control of goods, or authorising or purporting to   authorise, either by endorsement or by delivery, the possessor of the  document to transfer or receive goods thereby represented; 

(5) "fault" means wrongful act or default; 

(6) "future goods" means goods to be manufactured or produced or  acquired by the seller after the making of the contract of sale; 

(7) "goods" means every kind of movable property other than actionable  claims and money; and includes 4[electricity, water, gas,] stock and  shares, growing crops, grass, and things attached to or forming part  of the land which are agreed to be severed before sale or under the  contract of sale; 

(8) a person is said to be "insolvent" who has ceased to pay his debts  in the ordinary course of business, or cannot pay his debts as they  become due, whether he has committed  and act of insolvency or not; 

(9) "mercantile agent" means a mercantile agent having in the  customary course of business as such agent authority either to sell  goods, or to consign goods for the purposes of sale, or to buy goods,  or to raise money on the security of goods; 

(10) "price" means the money consideration for a sale of goods; 

(11) "property" means the general property in goods, and not merely a  special property; 

(12) "quality of goods" includes their state or condition;

4. Ins. by the Sale of Goods (Amendment) Ordinance, 1962 (47 of 1962),  S,2 with effect from the 7th June, 1962) 

(13) "Seller" means a person who sells or agrees to sell goods; 

(14) "specific goods" means goods identified and agreed upon at the  time a contract of sale is made; and 

(15) expressions used but not defined in this act and defined in the  Contract Act, 1872 (IX of 1872), have the meanings assigned to them in  that Act.

3. Application of provisions of Act of 1872. - The unrepealed  provisions of the Contract Act, 1872 (IX of 1872), save in so far as  they are inconsistent with the express provisions of this Act, shall  continue to apply to contracts for the sale of goods. 

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