DISPOSAL OF MOVABLES FROM REQUISITIONED BUILDINGS [ S.L.125.01 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
- The title of these Regulations is Disposal of Movables from Requisitioned Buildings Regulations. Title.
- In these Regulations, unless the context otherwise requires - Interpretation. "Act" means the Housing Act; Cap.
- "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. 1 2 [ S.L.125.01 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. Storage fees. Amended by: L.N. 409 of 2007. 4. 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).