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Short title.
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1. This Act may be cited as the Government Analyst (Disposal of Articles) Act, No. 69 of 1988.
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Court to make order, relating to the custody or disposal of an article sent to the government analyst.
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2.
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(1) Where any article is forwarded by a court to the Government Analyst for purpose of analysis and report, such court shall, within one month of the receipt of the report, make an order relating to the custody or disposal by the government analyst as the case may be, of such article. A copy of such order shall be served on government Analyst and it shall be the duty of the government Analyst to carry out such order.
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(2) Where an order is made under subsection (1) for the disposal of an article the manner of disposal is to be by way of a sale, the government Analyst shall remit the proceeds of the sale to the court which made the order.
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Where a court makes an order relating to the custody of an article.
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3.
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(1)Where a court makes an order relating to the custody of an article, a copy of such order shall be sent to the person to whom the custody of that article is given and it shall be his duty to remove the same from the possession of the government Analyst with in a period of two months from the date of receipt of such copy.
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(2)If the person to whom the custody of an article is given fails to remove the same within the specified period, the Government Analyst may, where he considers it appropriate to do so”
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(a) transmit such article to any Government department or public corporation for its use; or
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(b) dispose of such article in any manner as he may deem fit, notwithstanding the provisions of any law to the contrary.
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(3) A person who fails to remove the article within the time specified in subsection (1) shall thereafter have no further right to such article or to claim the value of such article except as provided in section 7.
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(4) Where a court fails to make an order under subsection (1) of section 2 for the custody or disposal of an article, within six months of the forwarding of a report with respect to such article, by the Government Analyst to such court, it shall be lawful for the Government Analyst to dispose of the same in the manner set out in subsection (2) of section 3.
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Article is forwarded by any individual or authority to the Government Analyst.
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4.
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(1) Where any article is forwarded by any individual or authority to the Government Analyst for purpose of ” analysis and report, it shall be the duly of such individual or authority to remove the same from the possession of the Government Analyst, within a period of one month from the date of receipt of the report, by such individual or authority, as the case may be.
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(2) If the individual or authority fails to remove an article within the specified period, the Government Analyst, shall, by written notice, call upon such individual or authority to remove the same from his possession within two weeks of the date of receipt of such notice, and if not removed within that period, he shall take all necessary steps to dispose of the same and the provisions of subsections (2) and (3) of section 3 shall apply in respect of such disposal.
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Government Analyst to maintain a register to enter particulars of any article being disposed of by him.
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5.
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(1) Where the Government Analyst disposes of any article under the provisions of this Act, he shall, prior to the Such disposal enter in a register especially maintained for that purpose, all particulars relating to such article as may appear to him to be relevant for purpose of record.
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(2) An extract from the register maintained under sub section (1) certified by the Government Analyst shall be admissible in evidence in any legal proceedings and shall be prime facie proof of the matters stated therein
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Government Analyst to maintain a special account.
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6. Where the Government Analyst dispose of any article by way of a sale under subsection (2) of section 3 he shall credit the amount of money realised from such sale to a special discount maintained for that purpose (here in after referred to as the “special discount”) after deducting any expenses he may have incurred in carrying out such sale.
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Payments to be made from the special discount.
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7. Where any article is sold”
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(a) under subsection (2) of section 4 or section 11 and a request is made within six months of such sale, by the individual or authority forwarding the article for report, for a remittance of the proceeds of such sale; or
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(b) under paragraph (b) of subsection (2) of section 3 and a request is made, within six months of such sale, by the person to whom the custody of the article was given under subsection (1) of section 3, for a remittance of the proceeds of such sale.
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the Government Analyst shall make such payment or remittance as the case may be, from and out of the moneys lying to the credit of the special account.
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Money remaining unclaimed.
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8.
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(1) The Government Analyst may, after such period as may be specified by Order made by the Minister utilize the moneys lying to the credit of the special account for any one or more of the following purposes : ”
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(a) purchase of equipment, chemicals and other materials that are needed for use of the Government Analysis Department ;
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(b) maintaining equipment and other materials used in the discharge of the functions of the Government Analyst’s Department ;
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(c) maintaining the buildings of the department and all its other movable and immovable properties ; and
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(d) improving the scientific facilities of the Government Analyst’s Department.
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(2) No Person shall be entitled to make any claim to moneys lying to the credit of the special account after the expiry of the period specified by the Minister under subsection (1)
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Immunity from prosecution.
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9. No suit, prosecution or other legal proceeding shall be instituted against the Government Analyst or any person acting under his authority for anything done or purported to be done in good-faith under this Act-
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Notice to be given by registered letter.
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10.
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(1) Any notice required to be given under this Act may be given by registered letter addressed to the person by to whom it is required to be given, at his usual or last known place of abode.
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(2) Every notice sent by registered post, shall be deemed to have been delivered at the time when the letter would have been delivered in the ordinary course of post, and in proving delivery, it shall be sufficient to prove that the letter was properly addressed and posted.
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Saving clause.
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11.
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(1) The Government Analyst shall, in regard to any article in his possession on the date of commencement of this Act”
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(a) where records are available, send a notice to the court which forwarded the article, that he would be taking steps to dispose of the same if it is not removed from his possession within two months of the receipt of such notice ; a copy of such notice shall also be sent to the owner of such article where the Government Analyst is aware of his identity ;
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(b) Where records are available, send a notice to the individual or authority which forwarded the article that he would be taking steps to dispose of dispose of such article if it is not removed from his possession within two months of the receipt of such notice.
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(2) Where any article in respect of which a notice is sent under subsection (1) is not removed within the specified period or where records pertaining to such article are not available, the Government Analyst shall take all necessary steps to dispose of the same and the provisions of subsections;(2) and (3) of section 3 shall apply, mutatis mutandis, to such disposal.
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Interpretation.
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12. In this Act the context otherwise requires”
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“article” includes any weapon, specimen, sample, arms. ammunition, blasting accessories, explosives, furniture, machines, vehicles and containers :
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”dispose” includes the sale or destruction of an article ; and
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” Government Analyst ” includes any person appointed to be or to act as Government Analyst or as Additional, Deputy, Senior Assistant or Assistant Government Analyst.
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