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Agricultural Produce Agents Act, 1992 (Act No. 12 of 1992)

21. Disposal of unclaimed moneys

 

(1) The council shall keep separate records, in the manner set out in section 11(6), of unclaimed money paid to it in terms of section 20(2), and of the disposal of such money in terms of the provisions of this section.

 

(2) The council shall as soon as practicable after unclaimed money has been so paid to it, by notice in the Gazette state—
(a) the name of the person entitled to that money;
(b) the amount of money to which the said person is so entitled; and
(c) the name of the agent who paid that money,

and call upon the said person to claim that money from the council within 40 days after the date of the said notice.

 

(3) No money shall be paid to any person by virtue of the provisions of subsection (2) unless he satisfies the council that he is entitled to that money.

 

(4) If, within the period referred to in subsection (2), no valid claim has been lodged in respect of such money, the council shall deposit that money in the guardian's fund referred to in section 86 of the Administration of Estates Act, 1965 (Act No. 66 of 1965), to be credited in accordance with the provisions of the said Act to the person entitled thereto.

 

(5) Before any money is by virtue of the provisions of subsection (2) paid over to the person entitled thereto or deposited in terms of subsection (4), the council  may deduct therefrom, for the benefit of the council, an administration fee consisting of 15 per cent of the said amount.