ACT No. III of 2011 An Act to amend various land laws.

I assent.

G EORGE A BELA

(L.S.)

President

11th March, 2011

ACT No. III of 2011

An Act to amend various land laws.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

The short title of this Act is the Various Laws (Compulsory Short title.

Eviction and Disposal of Government Land Act) (Amendment) Act,

2011. PART I

This Part amends the Land (Compulsory Eviction) Amendment of

(Amendment) Act, and it shall be read and construed as one with the the

(Compulsory

Eviction) Act.

said Act, hereinafter in this Part referred to as "the principal Act".

Article 3 of the principal Act shall be amended as follows:-

Amendment of

article 3 of the

principal Act.

(a)

subarticle (2) thereof shall be substituted by the following

"(2) When the identity of the evictee is unknown, the

order shall be addressed to the ‘occupant’ and such order is

deemed served once it is fixed on the land.";

(b) subarticle (3) thereof shall be substituted by the

following:-

"(3) If the occupier of any such land does not comply

with the order within the period of time so specified, the

Commissioner may instruct any Police officer, to take such

steps and to use such force as appear to him reasonably

necessary for securing compliance with the order and with any

directions given under subarticle (1) and for the removal from

such land of any movable effect existing therein. In giving such

instructions the Commissioner may also provide that the Police

officer may be assisted by an officer of the Government

Property Department or by any other person authorised by the

Commissioner to act on behalf of the Government Property

Department for the purposes of this Act."; and

(c) immediately after subarticle (3) thereof, there shall be

added the following new subarticle

"(4) The Commissioner shall not be required to provide

alternative storage for any such movable effects existing in the

land and will not be held responsible for their safe custody, and

the removal of such movable effects shall be carried out at the

complete risk and expense of the evictee

Provided that before the removal of such movable

effects an inventory of such effects shall be made and such

inventory shall be signed by the Commissioner or his

representative and by a Police officer

Provided further that the evictee shall be liable to

refund any expenses which may have been incurred by the

government directly or in connection with the eviction.".

Article 5 of the principal Act there shall be substituted the

following

" Service.

Service of any order, notice or

direction on any person for the purposes of this

Act shall be effected by the Executive Police,

or by an officer of the Government Property

Department or by a person authorised by the

Commissioner to act on behalf of the

Government Property Department for the

purposes of this Act.".

5. For article 7 of the principal Act there shall be substituted

the following:-

" Power to sell

Following the execution of the

eviction and once the evictee has been

movable effects.

informed of the expenses incurred, such

evictee shall have a period of fifteen days to

fully reimburse the Commissioner with all

expenses incurred and to collect movable

effects seized during the eviction and on

failure by the evictee to do so, the

Commissioner shall have the right to sell any

such movable effects by public auction

Provided that, without prejudice to

the provisions contained in article 8, the

proceeds of such public auction, after the

deduction of any amount due to the

Government in terms of subarticle (4) of article

3 and of the fees incurred for the auction, shall

be paid to the person to whom the said

movable effects belonged.".

PART II

6. This Part amends the Disposal of Government Land Act, Amendment of

and it shall be read and construed as one with the said Act, hereinafter the

Government

Land Act.

in this Part referred to as "the principal Act".

7. In subarticle (1) of article 3 of the principal Act, paragraph Amendment of

(f) thereof shall be renumbered as paragraph (g) and immediately article

principal Act.

after paragraph (e) thereof there shall be added the following new

paragraph

"(f) Where a change of any condition included in the

disposal of any land consists of a modification to the conditions

of a lease or to the conditions of a contract of emphyteusis or

sub-emphyteusis which is made for a public purpose as defined

in the Land Acquisition (Public Purposes) Ordinance, which

change shall not affect property exceeding a footprint of one

hundred square metres (100 sq. m), such disposal may also be

made without adherence to any of the procedures or formalities

prescribed in this article but in such case it shall only have effect

after the following conditions ar satisfied

(i) that the Minister shall within four weeks from

the conclusion of a conditional agreement to make the

modification or if the House of Representatives is not in

session at the end of the said period within four weeks

from the date when the House next meets, lay a copy of the

contract of lease or emphyteusis or sub-emphyteusis

indicating the modifications proposed on the table of the

House; and

(ii) the modification aforesaid shall only be valid

and come into effect if, after the procedure stipulated in

sub-paragraph (i) has been completed, the House does not

within a period of twenty-eight days after the completion

of the said procedure resolve that the modification shall be

rejected or amended, and immediately upon the expiry of

the said period of twenty-eight days the modification shall,

unless it is rejected as aforesaid, come into effect as

originally proposed or as amended by means of the said

resolution; or".

Passed by the House of Representatives at Sitting No. 323 of the

8th March, 2011.

M ICHAEL F RENDO

Speaker

P AULINE A BELA

Clerk to the House of Representatives