DISPOSAL OF MOVABLES FROM REQUISITIONED BUILDINGS REGULATIONS

DISPOSAL OF MOVABLES FROM REQUISITIONED BUILDINGS

SUBSIDIARY LEGISLATION 125.01

DISPOSAL OF MOVABLES FROM

REQUISITIONED BUILDINGS REGULATIONS

20th March, 1990

LEGAL NOTICE 40 of 1990 as amended by Legal Notice 409 of 2007.

The title of these Regulations is Disposal of Movables

from Requisitioned Buildings Regulations.

In these Regulations, unless the context otherwise

requires -

"Act" means the Housing Act;

"Director" means the Director of Social Housing; and

"movables" means furniture or articles, in whole or in part,

existing in, or removed from, a building requisitioned under the

Act.

(a) The Director may order the sale of movables in the

case -

(i)

where three or more months have elapsed from

the date of the removal of, or alternative storage

of, the movables in terms of article 3(7) of the

Act, and the requisitionee has failed to comply

with a request lodged by the Director by means

of a judicial letter to retrieve such movables

within fifteen days from the service of the

judicial letter; or

(ii) where six or more months have elapsed from the

date of the removal and storage of movables in

terms of article 3(8) of the Act, and no person

having the right of immediate occupation of the

building requisitioned, or his agent or

representative, can be found within one month of

the date of publication by the Director in the

Gazette and any three local newspapers of a

notice calling on any of the aforementioned

interested persons to retrieve such movables; or

(iii) of such movables as may have been removed and

stored in terms of article 3(7) and (8) of the Act,

and have on the date of the coming into force of

these regulations still not been retrieved by the

persons concerned, within one month from the

publication of a notice by the Director in the

Gazette and three other local newspapers,

calling on such persons to retrieve such

movables after producing sufficient proof of

their entitlement thereto or such guarantee which

the Director may deem sufficient, indemnifying

him against any claim in connection with the

DISPOSAL OF MOVABLES FROM REQUISITIONED BUILDINGS

retrieval of such movables by such persons,

and the Director may utilize the proceeds therefrom

first to compensate any outstanding removal or storage

fees due to the Department, and subsequently to refund

any remaining balance in favour of the persons who

would have been entitled to retrieve the movables.

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

shall be made either by public auction or after a call

for tenders.

(c) Such movables as remain unsold after being offered

for sale either by public auction or after a call for

tenders, shall be disposed of at the discretion of the

Director after having, together with a representative of

the Accountant General, sought to obtain the best cash

value, if any, in the circumstances, for those movables,

and subject to an annotation being kept of all

proceedings undertaken with regard to each particular

lot of movables disposed of.

Where a requisition order has been made involving the

removal and storage of any movables in terms of article 3(7), (8)

and (9) of the Act, such removal and storage will be at the

exclusive charge of the requisitionee, or his agent or representative,

at the yearly rate of three euros and forty-nine cents (3.49) per

square metre of space, or part thereof, occupied by the movables

stored and subject to a minimum fee of eleven euros and sixty-five

cents (11.65).