Sections 33 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 33 to 35 open the working rules of delivery in Chapter IV of the Act. Section 33 says how delivery of goods sold may be made, section 34 says what a delivery of part of the goods does, and section 35 says that, apart from an express contract, the seller need not deliver until the buyer applies for delivery. This article is written as per the consolidated text of the Act consulted (latest amendment shown: Act 28 of 1993); amendments after that should be checked in the official text.
Under section 33, delivery is made by doing anything the parties agree shall count as delivery, or anything that puts the goods in the possession of the buyer or of a person authorised to hold them for him. Under section 34, part delivery made in progress of the whole has the same effect, for passing the property, as delivery of the whole, but part delivery made to sever it from the whole does not deliver the remainder. Under section 35, apart from any express contract, the seller is not bound to deliver until the buyer applies for delivery.
Section 33: the two ways delivery can be made
Section 33 reads: "Delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorised to hold them on his behalf." It gives two routes, joined by the word "or".
First route: what the parties agree. If the contract says that handing over the keys of a godown, or a signed release at the seller's gate, shall be treated as delivery, then doing that thing is delivery. The section does not list the acts; it leaves the choice to the parties. This is why a supply contract should say, in words, what act completes delivery. Our vendor and supplier agreement drafting service is built around exactly this kind of clause.
Second route: possession in fact. Even without such an agreement, delivery happens when the seller's act "has the effect of putting the goods in the possession of the buyer or of any person authorised to hold them on his behalf". The test is the effect of the act, not its label. Possession may reach the buyer himself or someone he has authorised, for example his warehouse keeper or his agent.
Example (our own, not from the Act): Meera Traders agrees to sell 200 sacks of rice to Kishan Foods. The contract says that stacking the sacks at Kishan Foods' godown and obtaining the godown manager's signature on the challan shall be treated as delivery. When the manager signs, delivery is made on the first route.
Section 2(2) of the Act defines "delivery" as "voluntary transfer of possession from one person to another"; see our article on section 2 definitions of delivery and documents of title.
Section 34: effect of part delivery
Section 34 has two halves, divided by the word "but".
- Part delivery in progress of the whole. "A delivery of part of goods, in progress of the delivery of the whole, has the same effect, for the purpose of passing the property in such goods, as a delivery of the whole." The words that matter are "in progress of the delivery of the whole". The delivery of the first part is a step in delivering everything, so it has the same effect, for the purpose of passing the property, as delivery of all of it. Section 2(11) says "property" means the general property in goods, and not merely a special property, and the rules on when it passes are in sections 18 to 26; see our articles on passing of property and on property in specific goods.
- Part delivery meant to sever. "A delivery of part of the goods, with an intention of severing it from the whole, does not operate as a delivery of the remainder." Here the part handed over is separated from the rest on purpose, so it does not stand for the remainder.
Example (our own): Arjun Steel sells 10 tonnes of coils to Pooja Fabricators and sends 4 tonnes on the first day as the first lorry-load of a delivery that is to go on until all 10 tonnes are with her. That is part delivery in progress of the delivery of the whole. If Arjun Steel instead sends 4 tonnes and means that lot to stand apart from the other 6 tonnes, the second half of section 34 says it does not operate as delivery of the 6 tonnes.
The Act does not say how the intention is shown; it is silent on that.
Section 35: the buyer must apply for delivery
Section 35 reads: "Apart from any express contract, the seller of goods is not bound to deliver them until the buyer applies for delivery."
Three points follow from the words:
- The rule applies "apart from any express contract". If the contract expressly says the seller will send the goods on a fixed date, the contract governs. Section 62 also lets parties vary what the law implies; see our article on exclusion of implied terms.
- The move falls on the buyer: until he applies, the seller is not bound to deliver.
- The section does not say in what form or when the application must be made. The text is silent on both.
Section 35 should be read with section 36, which settles the place, time and expenses of delivery (see our article on rules as to delivery), and with section 44, which makes a buyer liable who does not take delivery within a reasonable time after the seller requests it.
Where these sections sit
| Section | What it settles | Opening words as printed |
|---|---|---|
| 31 | Duty of seller to deliver and of buyer to accept and pay | "It is the duty of the seller..." |
| 32 | Delivery and payment as concurrent conditions | "Unless otherwise agreed" |
| 33 | How delivery may be made | "Delivery of goods sold may be made by..." |
| 34 | Effect of part delivery | "A delivery of part of goods, in progress of the delivery of the whole..." |
| 35 | Buyer must apply for delivery | "Apart from any express contract" |
| 36 | Place, time and expenses of delivery | Sub-section (5) opens "Unless otherwise agreed" |
Sections 33 and 34 carry no "unless otherwise agreed" opening; section 62 says that a right, duty or liability that would arise "by implication of law" may be negatived or varied by express agreement, by the course of dealing between the parties, or by usage that binds both.
Practical drafting points follow from the words: say what act completes delivery, name the person at the buyer's end who is authorised to hold the goods, say whether each lot of a staged supply stands alone, and keep the buyer's call-off message on file.
Need help with delivery terms in your supply contracts?
If your contract leaves it unclear what counts as delivery or who must ask for it, the dispute usually starts there. We can review or draft the delivery, call-off and acceptance clauses in a vendor and supplier agreement so that the sections above work the way you intend.
Key takeaways
- Section 33: delivery is what the parties agree to treat as delivery, or what puts the goods in the possession of the buyer or his authorised holder.
- Section 34: part delivery in progress of the whole equals delivery of the whole for passing the property; part delivery meant to sever does not deliver the remainder.
- Section 35: apart from any express contract, the seller need not deliver until the buyer applies.
- Section 62 lets the parties vary these rules.
Read next
- Sections 31-32 of the Sale of Goods Act, 1930: duties of seller and buyer
- Section 36 of the Sale of Goods Act, 1930: rules as to delivery
- Sections 39-40 of the Sale of Goods Act, 1930: delivery to a carrier or wharfinger
- Section 37 of the Indian Contract Act, 1872: obligation of parties to perform or offer to perform
Disclaimer: Based on the consolidated text of the Sale of Goods Act, 1930 consulted on 2 October 2026, whose latest amendment shown is Act 28 of 1993. It explains the words of the statute only; later amendments and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.