STATE LAND: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

State Land (Procedure for Enforcement of Payment of Levies and Loans) Regulations

STATE LAND (PROCEDURE FOR ENFORCEMENT OF PAYMENT
OF LEVIES AND LOANS) REGULATIONS

(under section 8)

(25th April, 1986)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Issue of notice of demand and calling in of loan

 

   4.   Procedure for contesting notice of demand

 

   5.   Consequences where occupier does not contest notice of demand

 

   6.   Procedure for recovery of possession

 

   7.   Service of notices

 

   8.   Procedure where plot of State land repossessed in execution of order of court

 

   9.   Evidential presumptions

 

   10.   Declaration for removing doubts

 

 

 

S.I. 38, 1986.

 

1.   Citation

   These Regulations may be cited as the State Land (Procedure for Enforcement of Levies and Loans) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "authorized person", in relation to an occupier, means the person authorized under section 4 of the Act to make and execute on behalf of the President grants or other dispositions of State land or of any interest therein by whom the occupier was issued with his certificate of rights or temporary occupancy permit in respect of the plot of State land in question or by whom the occupier was offered a certificate of rights or temporary occupancy permit in respect of that plot which he has declined to sign;

   "clerk of the court" includes an assistant clerk and any person appointed to act as such clerk or assistant clerk;

   "loan" means a loan granted under section 7 of the Act;

   "notice of demand" means a notice of demand issued under regulation 3;

   "occupier" means the holder of a certificate of rights or temporary occupancy permit issued to him by an authorized person whereby a grant or other disposition of a plot of State land or of an interest therein was made and executed on behalf of the President by the authorized person under section 4 or the occupier of a plot of State land in respect of which he was offered such a certificate of rights or temporary occupancy permit but has declined to sign the same;

   "registrar" means the Registrar of the High Court;

   "rules of court" means rules of court for the time being in force regulating the proceedings in magistrates' courts;

   "service levy" means a levy imposed under section 5 of the Act.

 

3.   Issue of notice of demand and calling in of loan

   (1) Subject to subregulation (2), where an occupier fails, either wholly or in part, to pay any service levy payment or any instalment towards repayment of a loan after the expiry of the period of two months immediately following the day on which the payment or instalment became due and payable, the authorized person or his officer or employee duly authorized by him in that behalf may issue a written notice of demand addressed to the occupier requiring him to pay the whole amount outstanding of the payment or instalment, which amount shall be specified in the notice, within 30 days immediately following the day on which service of the notice upon the occupier is effected in terms of regulation 7.

   (2) Notwithstanding the terms and conditions on which a loan was granted, where an occupier fails, either wholly or in part, to pay any instalment towards repayment of a loan after the expiry of the period of two months immediately following the day on which the instalment became due and payable, the authorized person or his officer or employee duly authorized by him in that behalf may call in the whole outstanding amount of the loan by issuing a written notice of demand addressed to the occupier requiring him to pay the whole amount outstanding of the loan, which amount shall be specified in the notice, within 30 days immediately following the day on which service of the notice upon the occupier is effected in terms of regulation 7.

   (3) A single notice of demand may be issued under subregulations (1) and (2) and any such notice or a notice issued under subregulation (1) alone may require the occupier to pay the whole amount outstanding of each of more than one service levy payment and of each of more than one instalment towards repayment of a loan.

   (4) Notwithstanding the terms in which a service levy was imposed or the terms and conditions on which a loan was granted, in respect of the aggregate amount of all amounts specified in accordance with subregulation (1) or (2) in a notice of demand, a flat rate interest charge of five per cent of that aggregate amount shall be due from and payable by the occupier and the amount of that interest charge shall also be specified in the notice and any interest that may already have accrued thereon shall fall away:

   Provided that, where ordinary court proceedings are subsequently instituted by the authorized person to recover that aggregate amount or any part thereof, this subregulation shall, for the purposes of those proceedings, be disregarded.

   (5) Every notice of demand shall inform the occupier-

 

   (a)   of his right in terms of regulation 4 to contest the notice within 30 days immediately following the day on which service of the notice upon him is effected;

 

   (b)   of the manner in which he may contest the notice;

 

   (c)   of the effect of his contesting the notice in accordance with regulation 4(2);

 

   (d)   that no court fee or other charge shall be payable by him in respect of his contesting the notice and thereafter prosecuting his defence and that no costs shall be awarded against him by the court of first instance; and

 

   (e)   of the consequences in terms of regulation 5 of his failing, within the 30 days' period referred to in paragraph (a), to contest the notice and to pay the aggregate amount of all the amounts specified in the notice.

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