RequlsitKmed Buiklings (DispouJ of Mo~abH:5) Rtgubliofts, 1990

L.N. 40 of 1990

HOUSING ACT

(CAP. 125)

RequlsitKmed Buiklings (DispouJ of Mo~abH:5) Rtgubliofts, 1990

IN exercise of the powers conkrred by section 14 of the Housing

Act, the Minister for Social Policy. wi th theooocurTe nce of the Minister

of Finance, has made the following regula tions:-

These regulations ma y be cited as the Requisitioned Buildi ngs

(Disposal of M o~ables) Regu lations, 1990.

In these regulations. un less the context otherwise requi res

Act" means th e Housi ng Act ;

M

'·Direetor" means the Director of Social Housi ng ; and

··movables·· means furni tu re or articles, in whole o r in part,

existing in. or re moved from , a bui lding requisitioned under the

Act.

(a) "The Director may order the sale of movables in the ca;;e -

J.

(i) where three or more months have elapsed from the date

of the removal of, o r alte rnative storage of, the movables in tellTlS

of subsection (7) of section 3 o f the Act, and the requisition ee has

failed to comply with a request lodged by the Director by means of

a judicial lette r to retrieve such movables within fifteen days from

the scmce oT the judicial leller; 01'"

Cii) where six or more months have elapsed from the date of

the re moval and stornge of movables in 1C1lTIS of subsection (8) of

sect ion 3 of the Act. and no penoo having the righ t of immediate

occupation o f the building requisitioned. o r his agent Of"

re presentative , can be found within one month of the date of

publ ication by the Directo r in the Gazette and any three: local

newspapers of a Notice calling o n any of the afore mentioned

interested penons to ret rieve such movables; or

(iii) o f such moval>les as may have been removed and stored

in ternlS o f subsections (7) and (8) of section 3 of the Act , and have

on the date o f the coming into force of these regulations still llOt

been retrie ved by the persons concerned , within one mont h from

the publication of a Notice by the Director in the Gaze ll e and three

o ther local newspapers, calli ng on such persons to retrieve such

movables after p roducing sufficient proof of thei r entitle ment

there to or such guarantee which the Director may dee m sufficien t,

inde mnifyi ng him against any claim in connection wit h th e retrieval

of such mov ables by such persons,

and the Director may ulil i~ the proceeds therefrom firsllocompcn sate

any outstanding removal o r slOrage fees due 10 the Department. and

subsequently 10 refund any remaining balance in favour of the per5(ms

.... ho would have been enti tled to retrieve the movables.

(b) Any sale made in terms of the preceding paragraph shall

be made eit her by public auction or after a call for tenders.

(, ) Such movables as remain un so ld a fter being offered for

sale e ither by public auction o r after a call for tenders. shall be disposed

of at the d iscre tion of the Director afte r having . togethe r with a repre -

sentative: of the Accoun ta nt General. sought 10 ohtain the beSt cash

value . if any in the circumstances. for those movables , a nd subject 10 an

annotation bein g kepi of all procc:ed ings unocrtake n with regard to e ach

particular lot of movables disposed of.

<t. Where a TC<juisi tion order has been made involving the

removal and Storage of any movables in terms o f subsections (7) , (8) and

(9) of section 3 of the Act. such removal and storage will be at the

exclusive charge o f the requisi tionce. or his agent or represe ntative. at

the ycarly rate of Lm l.50 per squarc metre o f space, or part th e reof.

occupied by the movablesslored and subjcct loa minimum fee ofLm5.

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