ACT No. XI of 1989 AN ACT fu"lI~r /Q Ilm~nd I/lt umd Acquisilion ( Public Purposes) Ordinanu, Cap. 88.

I asse nt.

(LoS.)

CENSU T "DONE

President

25th April . 1989

ACT No. XI of 1989

AN ACT fu"lI~r /Q Ilm~nd I/lt umd Acquisilion ( Public Purposes)

Ordinanu, Cap. 88.

BE IT ENAcrED by the Pt-eside nt. by and with the advice and

con~nt of the Hou!oC of Represen tatives, in th is present Parliament

assembled, and by the authority of the sa me , as follows: -

I. This Act may be ci ted as the Land Acqu isit ion ( Public

Purposes) (Amendment) Act. 1989. and shall be read and const rued as

one with the Land Acquisi tion (Public Pu rposes) Ordina nce.

he reinafter referred 10 as "the principallaw~.

Section n of Ihe principal law shall be amended by the

addit io n. im mediately aftersubseClion (3) the reof. oflbe following new

subsc:ctions: -

Wh ere Ihe acquisit io n of land is to be by th e absolute

~(4)

purehase the reof (incl uding an acquisition by conversio n from use

and possession or public tcnure inlo absolute ownersh ip). Ihe

competent authority may , al any time afle r the e~pirat ion of

twenty-one days from the se rvice o f the relevant nOl ice to treat,

deposit in the Civil Cou rt , First Hall , a sum equal 10 the amount of

oompen53 tion offered in the said notice to lreat to be withdrawn

freely by the person o r persons entitled to such oompen53tion upon

evidence being shown o f their enlitlemen t the re to. and indicating

in the schedule of deposi t the land 10 which the notice 10 treal

re lates and giving such particulars thereof as are sufficie nt 10

identify it

Pro~idcd that where a different "moun! of compensa tion has

been agreed between thecompctcnt authority and the owne ro r has

been determined by the Board . Ihe amount of compensation to be

deposited as aforesaid sha ll be such ot he r amoun t.

(5) Th~ amount deposited as provided in subsect ion (4) of

thi s section may be withdrawn as !herein provided wllclher or not

the compensation has been agreed or otherwise determined: so

tlOwcver IlIal wlleTc the compensa tion offered has bee n declined as

provided in subsection (3) of this section, Ihe withdrawal of the

deposit shall not prejudice the right compe tent 10 any person to

pursue Ihe matter as therein provided or \0 any further

compensation that may be paya ble accordin gly.

(6) Where the competent authority has deposited the

compensation o ffered or due as provided in subsection (4) of Ihis

scction , it may at any time thereafter serve a copy of th e relevant

schedule of deposit on Ihe Land Registrar and thereupon the land

comprised in any such schedule of deposit shall be deemed to be an

area declared to be a registration area for the purposcsofthc Land ACt No. xxxv

Registry Act, 1981.

oIl98t.

(7) Upon the service of the schedule of deposit on the Land

Registrar a, provided in subsection (6) of this section, the absolu te

ownership of the land to wh ich it relates shall. by virtue of this

Ordinance and without any further assurance or formality, be

transferred to and be acquired by the competent authority. free and

unencumbered from any charge. hypothecor privi lege. and with all

appurtenances thereof; and the competent authonty shall cause

such transfer of tit le to be registered at the Land Registry under the

said Act.

(8) The right to withdraw the compensation deposited under

subsection (4) of this scction and to any further compensation that

may be due under this Ord inance shall be deemed to be an

immovable right by reason of the object to which it refers and shall

be transferable accordingly; and any cha rge , hypoth ec or privilege

wh ich prior to the acquisition of the land by the competent

authority attached to such land shall continue to attach to the

compensa tion with the same ranking and priority as they attached

to the land .

(9) Where the compensation payable in respect of land

acquired by the absolute purchase thereof is dete rmin ed. whether

by agreement or by a decision of the Board . after the title to such

land has already been acquired by the compe tent authority in

acwrdance with the foregoing provisions of this section. the

amount of compensation. if any, stlll due by such au thority shall.

unless earlier paid to the owner. be deposited in the Civil Court.

First Hall not later than three months from the date on which the

compensa tion due was dete rm ined as aforesaid. 10 be freely

withdrawn by the person or persons em it led 10 such compe nsat ion

upon cvide~ be ing shown of their entitlement the reto.

M.

PaS$ed by the Houseof Representatives al Silting No. ID oflhe 19th April , 1989.

'--"WRENC E GONZ I

S~k~r

P. Muse" .. ,' TEW.RIBII.E

Clerk fO th e Housea! RcpreuntfJtj,·u

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