Housing Act

Link to law: http://www.moj.gov.jm/laws/housing-act
Published: 1969-02-01

HOUSING

THE HOUSING ACT

ARRANGEMENT OF SECTIONS

1

PART I. Preliminary
1. Short title.
2. Interpretation.
3. Minister of Housing.

PART U. Preparation and approval of Schemes

4. Housing schemes.
5 . Slum clearance schemes.
6. Improvement schemes.
I . Schemes to he prepared with due regard to other schemes.
8. Publication of natice and consideration of schemes.
9. Local Authority affected by scheme to be noti6d.

10. Scheme io contain plans and particulars.
11. Approval of schemes by Minister.
12. Notice of approval of schemes.
13. Submission of new schemes.
14. Power to carry scheme mto effect.

PART UI. Emergency Housing Schemes

15. Reparation of emergency housing schemes.
16. Approval of emergency housing schemes.
11. Notice of approval o€ emergency housing scheme and oonsequen-

tial powers.

PART N. Eflecf of and Obligations conseguenf upon approval
of slum clearance scheme or improvemenf scheme

18. Power to order demolition of insanitary buildings.
19. Use of land in respect of which demolition order has bccn made.
20. Improvement order and enforcement of notice.

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2 HOUSING

21. Enforcement of notice requiring execution of works.
22. Owner of land and buildings may be permitted to carry out

23. Resident Magistrate may empower owner or mortgagee to execute

24. Application to Resident Magistrate.

slum clearance scheme or improvement scheme.

works on default of another owner or mortgagee.

PART V. Acquisition of Land

25. Acquisition of land required for schemes.
26. Land which may not be compulsorily acquired.
21. Power of Minister to make allowances to certain persons dis-

placed.

PART VI. Completion of Schemes and Consequential Powers
and Duties

28. Minister to carry out schemes.
29. Assignment of duties of Minister to Local Authorities.
30. Recovery of possession of buildings within areas of approved

schemes.
31. Power of Resident Magistrate to determine lease where premises

demolished
32. Provisions as to apparatus of statutory undertakers in land dealt

with by the Minister under the Act.
33. Extinguishment of ways, easements. etc.
34. Power of Minister to require information as to ownership of

35. Power of entry for inspection. etc.
36. Penalty for obstructing execution of Act.
37. Powers of dealing with lands and buildings.
38. Conditions to be observed by the Minister in letting houses.
39. Exemption in respect of certain duties, etc.

premises.

PART VII. Further Powers of Minister

40. Power to guarantee loans for erection of dwelling-houses.
41. Power of Minister to assist persons for the purpose of improv-

ing or increasing housing aacommodation.

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HOUSING

42. Form of receipt for advances and effect thereof.
43. Covenants implied in form of receipt.
44. Minister may accept mortgage other than in form of receipt.
45. Rccord and registration of receipts for advances.
46. Document in the form of Seventh Schedule suflicient to wnfcr

title on any purchaser.

PART VIU. Preparation, approval and completion of schemes
prepared by homing associations

47. Preparation and submission of scheme by housing ass0ChtiOn.
48. Conditions precedent to submission of scheme for approval.
49. Approval and compIetion of scheme.

PART IX. General

50. Power of public departmenu, etc.. to make agreements in Con-
nection with schemes.

51. Minister empowered to close public thoroughfares fot the pw-
poses of carrying out necessary works in relation to scheme.

52. Summary procedure.
53. Right of appeal to Court of Appcal.
54. Regulations.
55. Service of notices.
56. Exemption from personal liability.
57. Establishment of Housing Fund.
58. Sources of Housing Fund.
59. Custody of Housing Fund.
60. Housing Estimates.
61. Application of Housing Fund.

PART x Transitional
62. Transitional.

SCHEDULES

3

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HOUSING 5

THE HOUSING ACT Ad 55 of 1968.

lfst February, 1969.1

PART I. Preliminary

1. This Act may be cited as the Housing Act. short tills.

1ntcrpreta-
tton.

2. In this Act unless the context otherwise requires-
“approved housing scheme”, “approved slum clearance

scheme” and “approved improvement scheme”
mean, respectively, a housing scheme, slum
clearance scheme or improvement scheme, as the
case may be, approved by the Minister pursuant
to this Act;

“barracks” includes any housing accommodation pro-
vided at any estate, plantation, pen, factory, works,
or any other place for the lodging of persons
employed thereat;

“building” includes any house, out-house, barracks or
any wall, fence or other erection being part of any
premises wherein any house, out-house or barracks
is or are contained;

“defined area” means the area defined in any plan
defining a housing area, a slum clearance area or
an improvement area;

“dwelling”, “dwelling-house”, or “house” means any
premises used as a separate dwelling or of a type
suitable for such use and includes any part of
a building which is occupied or intended to be
occupied as a separate dwelling, and also includes
a flat;

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6 HOUSING

“flat” means a separate and self-contained set of
premises constructed for use for the purpose of a
dwelling and forming part of a building from some
other part of which it is divided;

“housing area”, “slum clearance area” and “improve-
ment area” mean, respectively, an area declared by
the Minister by order to be a housing area, a slum
clearance area or an improvement area, as the case
may be, as hereinafter prescribed;

“the Housing Fund” means the fund established under
section 57;

“landlord” means the immediate landlord of an occu-
pier and, in relation to an occupier of a dwelling-
house who holds under a contract of employment
under which the provision of the house for his
occupation forms part of his remuneration, in-
cludes his employer; and “agent” means, in relation
to the landlord of a dwelling-house, a person who
collects rent in respect thereof on behalf of the
landlord or is authorized by him so to do, or in
the case of a dwelling-house occupied by a person
who holds as aforesaid, a person who pays re-
muneration to the occupier on behalf of the
employer or is authorized by him so to do;

(a) in relation to the corporate area as defined in
the Kingston and St. Andrew Corporation
Act, the Council of the Kingston and St.
Andrew Corporation; and

(6) in relation to the parishes not within the cor-
porate area, the Parish Councils of such
parishes in their respective parishes;

‘Lowner’‘ in relation to any building or land means a
person, other than a mortgagee not in possession,

“Local Authority” means-

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HOUSING

who is for the time bcing entitled to dispose of the
fee simple of the building or land, whether in pos-
session or in reversion, and includes also a person
holding, or entitled to the rents and profits of, the
building or land under a lease or agreement, the
unexpired term whereof exceeds three years;

“road” means any road whether public or private and
includes any street, square, court, alley, lane,
bridge, footway, bridle path, passage, or highway,
whether a thoroughfare or not;

“sanitary defects” includes darkness, dampness, lack of
air space or of ventilation, absence of adequate
and readily accessible water supply or sanitary
accommodation or conveniences, and inadequate
paving or drainage of courts, yards or passages;

“scheme” includes a housing scheme, a slum clearance
scheme, an improvement scheme, an emergency
housing scheme, a scheme under Part W I and a
scheme varying or revoking an existing scheme;

“statutory undertaker” means any authority, company
or person empowered by any enactment to execute
or construct authorized works or to carry into
effect the purposes of that enactment.

7

3.-(1) For the purposes of this Act the Minister res- Ministcrof
Housing. ponsible for housing (in this Act referred to as “the Minis-

ter’’) shall be a corporation sole by the name of the Minister
of Housing and by that name shall have perpetual succes-
sion with a capacity to acquire, hold and dispose of land
and other property of whatever kind.

(2) The Minister shall have an official seal which shall
be officially and judicially noticed and shall be authenticated
by the signature of the Minister or any person authorized
by him by general notice to act in that behalf.

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8 HOUSING

(3) All land and other property of whatever kind
vested in the Minister in pursuance of this Act shall be held
by him for the purposes of this Act.

PART 11. Preporation and approval of Schemes
Housing 4.-(1) The Minister, after considering the housing con-

ditions in any area and the needs of that area with respect
to the provision of further housing accommodation, may
cause an area to be defined on a plan and may by order
declare the area so defined to be a housing area.

(2) Whenever the Minister declares any area to be a
housing area he shall, within the period prescribed in sub-
section (2) of section 8, cause to be prepared proposals for
the provision of further housing accommodation in that
area (hereinafter in this Act referred to as “a housing
scheme”).

schuncs.

Slum

schemes,

5.-(1) If the Minister, after considering the housing con-

(a) that in general the houses in such area are, by
reason of disrepair or sanitary defects, unfit for
human habitation, or are by reason of their bad
arrangement or the narrowness or bad arrange-
ment of the streets, or by reason of overcrowding
in the area, dangerous or injurious to the health
of the inhabitants of the area; and

(b) that the most satisfactory method of dealing with
the conditions in the area is the demolition of all
the buildings in the area; and

(c) that the clearance of the area can be secured in
one or other of the following ways, or partly in
one of those ways and partly in the other of them,
that is to say-

(i) by ordering the demolition of the buildings
in the area;

cIearance ditions in any area, is satisfied-

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HOUSING 9

(ii) by the acquisition of the land comprised in
the area and securing the demolition of the
buildings thereon,

the Minister may cause such area to be defined on a plan
in such a manner as to exclude from the area any land or
building which is not unfit for human habitation or danger-
ous or injurious to health, but including in such area build-
ings which, in the opinion of the Minister, are for any of
the reasons specified in paragraph (a) unfit for human
habitation or dangerous or injurious to health, and any
surrounding or adjacent land which the Minister considers
desirable to be acquired.

(2) The Minister may by order declare the area so
defined to be a slum clearance area, and if he so declares
the area he shall, within the period prescribed in subsection
(2) of section 8, cause to be prepared a scheme for the
exercise of the powers conferred by this Act (hereafter in
this Act referred to as “a slum clearance scheme”).

6.-( 1) If the Minister, after considering the housing Con- Improve-
ditions in any area, is satisfied that in general the houses schemes.
in that area are, by reason of disrepair or sanitary defects,
unfit for human habitation, or by reason of their bad
arrangement or the narrowness or bad arrangement of the
streets, or by reason of overcrowding in the area, dangerous
or injurious to the health of the inhabitants of the area,
and that such conditions can be effectively remedied with-
out the demolition of all the buildings in the area, by-

( U ) ordering the demolition, reconstruction or repair,
as the circumstances may require, of such dwell-
ing-houses or buildings as are unfit for human
habitation; or

(b) the acquisition of the land and buildings thereon
comprised in the area, and securing the demolition,
reconstruction or repair, as the circumstances may

ment

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10 HOUSlNG

require, of such dwelling-houses or buildings as are
unfit for human habitation; or

(c) the acquisition of any land or buildings in the
area which it is expedient to acquire for the recon-
struction and development of the area; or

(d) the acquisition of any land, the acquisition of
which is reasonably necessary for the purpose of
securing a cleared area of convenient shape and
dimensions, and of any adjoining land, the acquisi-
tion of which is reasonably necessary for the satis-
factory development or use of the cleared area,

the Minister may cause such area to be defined on a plan
in such manner as to exclude from the area any land or
buildings in respect of which, in his opinion, sanitary defects
do not exist, or which he does not deem it expedient to be
acquired for the remedying of overcrowding or badly
arranged conditions but including in such area buildings
which, in his opinion, are in a state of disrepair and any
surrounding or adjoining land which he considers desirable
to be acquired.

(2) The Minister may by order declare the area so
defined to be an improvement area and if he so declares
the area, he shall, within the period prescribed in subsec-
tion (2) of section 8, cause to be prepared a scheme for the
exercise of the powers conferred by this Act (hereafter in
this Act referred to as “an improvement scheme”).

Schemes to
be prepred
with due
regard to
other
schemes.

Publication
of notice
and con-
sideration
of schemes.

7. The Minister shall ensure that in the preparation of
any scheme under section 4, 5 or 6 the provisions of any
other scheme relating to the defined area or land in the
neighbourhood thereof are taken into consideration.

8.-(1) Upon the making of an order declaring any area
to be a housing area, a slum clearance area, or an improve-
ment area, the Minister shall cause to be published in the

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HOUSING

Gazette and in a local newspaper a notice stating the place
where the plan defining such area may be inspected.

(2) Within nine months after the coming into force
of an order declaring any area to be a housing area, a
slum clearance area, or an improvement area, or within
such further period as the circumstances may require, the
Minister shall cause to be prepared a housing scheme, or
slum clearance scheme, or improvement scheme, as the case
may be, in respect of the area.

(3) Forthwith upon the preparation of a scheme and

(a) cause to be published in the Gazette and a local
newspaper a notice stating that the scheme is about
to be approved, naming a place where the plan and
particulars of the scheme may be inspected. and
specifying the time within which and the manner
in which objections or representations may be
made; and

(b) cause a notice to the like effect to be served on
every owner and on every other person who to the
knowledge of the Minister has an estate or interest
in the land in the defined area, except persons
holding land on a monthly tenancy or tenancy for
a less period :

Provided that failure to serve any such notice
shall not in any manner invalidate such scheme;
and

(c) consider any objection or representations made to
him in pursuance of any such notice, and if any
person making such objection or representation
so requires, afford to that person an opportunity
to be heard.

before approving it under this Part the Minister shall-

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11

12 HOUSING

Local
Authority
nEectcd by
scheme to
be notified.

9.-(1) The Minister shall, before approving a scheme,
cause to be furnished to the Local Authority within whose
area the scheme is to be operative, and where the scheme
is to be operative within the areas of two or more Local
Authorities, to each Local Authority affected by the
scheme, particulars of the scheme for their consideration
and representations.

(2) The particulars to be furnished under subsection
(1) shall include specifications and estimates, and particulars
relating to roads, water supply, sewerage and lighting, if
appropriate to the scheme.

(3) Any Local Authority affected by a scheme may,
within the prescribed time and in the prescribed manner,
submit to the Minister any objections or representations
in respect of the scheme which they desire to make.

(4) The Minister before approving a scheme shall
consider any objections or representations made to him in
pursuance of this section and shall afford the Local
Authority making such objections or representations an
opportunity to be heard.

shun= to 10. Every scheme prepared for the approval of the Minis-
plansand ter under this Part shall contain a plan of the defined area
particulars. and a statement giving such of the details prescribed in
First the First Schedule as are applicable, and generally appro-

priate particulars of such scheme indicating-
(a) the manner in which it is intended that the defined

area shall be laid out and the land therein used
and, in particular, the land intended to be used
for the provision of houses, for roads and for open
spaces;

(b) the approximate area of the land to be acquired;
(c) the approximate number and the nature of the

houses to be provided;

contain

scbedulc.

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HOUSING 13

(d) the average number of houses to be constructed
per acre;

(e) if the demolition of existing houses and the erection
of new houses are proposed, the type of houses
proposed to be erected;

(f, if the total demolition of existing houses is not
proposed, the nature of repairs, improvements and
reconstruction intended to be made;

(g) the time within which the scheme or any part
thereof is to be carried into effect;

(h) the estimated cost of the scheme and the receipts
expected to be derived from sales, rents or any
other source;

(z) the approximate number of occupants intended to
be accommodated;

(i) the arrangements for alternative accommodation
elsewhere of occupants;

(k) such incidental, consequential and supplementary
provisions (including provisions as to the sub-
sequent variation of the scheme) as may appear
to the Minister to be necessary or proper for the
purpose of the scheme.

11. The Minister may approve any scheme prepared Approvalof
schemes by under this Part, or any part of such scheme, either without M' 1N8tW. .

modification or with such modifications as he thinks fit
(including, if he thinks fit, the alteration of the defined area
so as to exclude land therefrom but not so as to add land
thereto) but if the Minister considers the scheme inadequate
he may refuse to approve the scheme and may cause to be
prepared and submitted to him an adequate scheme within
such time as he may fix, or he may approve the scheme
or any part thereof subject to the condition that there be
prepared and submitted to him a further scheme within
such time as he may fix.

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14 HOUSING

Noticeof 12. Upon the approval of a scheme under this Part the
approval of
schemes. Minister shall forthwith-

(a) cause to be served on every owner of land in the
defined area; and

(b) cause to be served on every other person or Local
Authority who submitted objections or representa-
tions to the Minister in respect of the scheme; and

(c) cause to be published in the Gazette and a local
newspaper,

a notice stating the date on which the scheme was approved
and naming a place at which a copy of the plan of the
defined area and particulars of the scheme (with modifica-
tion, if any) as approved may be inspected.

Submission

achemu.

13. Where after a scheme has been approved under this
Part, it appears to the Minister that any land in the defined
area should be improved or used otherwise than as indicated
in the scheme, the Minister shall cause to be prepared (in
accordance with the foregoing provisions of this Part) a
new scheme in relation to that land and upon the approval
of the new scheme the original scheme shall, to the extent
that it is inconsistent therewith, be of no effect.

Power to 14. Where land has been acquired by virtue of the pro-
achmeinto visions of this Act for the purpose of any scheme then
effect. without prejudice to any of his other powers under this

Act, the Minister may for the purposes of giving effect to
such scheme-

(a) lay out and construct public streets or roads and
open spaces on the land;

(b ) erect dwelling-houses on the land and convert any
building acquired thereon into dwelling-houses;

(c) alter, enlarge, repair or improve any dwelling-
house as acquired, converted or erected thereon
and fit out, furnish and supply any such house
with all requisite fittings and conveniences;

of ncw

carry

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HOUSING 15

(4 execute such other works (whether similar to the
foregoing or not) as may be necessary for the per-
fecting of such scheme;

(e) let, lease or sell any such dwelling-house subject
to such covenants and conditions as he may think
fit either in regard to the maintenance of the house
or otherwise in regard to the use thereof, and upon
such sale he may ,agree to the price being paid by
instalments or to payment of part thereof being
secured by a mortgage of the premises.

PART 111. Emergency Housing Schemes
15. Where by reason of the occurrence or apprehended Preparation

occurrence of any public calamity the Minister is satisfied zLergency
that there is urgent need for the provision of housing
accommodation either generally or in any particular area
or areas, the Minister shall forthwith cause to be prepared
proposals for the provision of such housing accommodation
(hereafter in this Act referred to as “an emergency housing
scheme”).

16. The Minister may approve any emergency housing ~ ~ ~ ~ ~ ~ d ~ f
scheme, or any part of such scheme, either without modifica- ~~~~~~y
tions or with such modifications as he thinks fit, or if he schem=.
considers the scheme inadequate he may refuse to approve
the scheme and may cause to be prepared and submitted
to him an adequate scheme within such time as he may fix,
or he may approve the scheme or any part thereof subject
to the conditions that there be prepared and submitted to
him a further scheme within such time as he may fix.

17.-(1) Where an emergency housing scheme or any part ~ o t i ~ ~ or
of such scheme has been approved, either with or mergcncy
without modification, the Minister shall cause to be pub- z;Z:eBand
lished in the Guzerte and in a local newspaper a notice conswen- tial Dowers.

approval of

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16 HOUSlNG

stating the date on which such scheme was approved and
naming a place where particulars of such scheme may be
obtained.

(2) At any time after the publication of such notice
the Minister may, subject to the provisions of such emer-
gency housing scheme, exercise and perform such of the
rights, powers and duties conferred or imposed by th is Act
on the Minister, including all rights, powers and duties in
relation to a housing scheme or a slum clearance scheme
or an improvement scheme, as are necessary for carrying
into execution such emergency housing scheme.

PART IV. Efect of and Obligations consequenr upon
approval of slum clearance scheme or improvement scheme

18.41) Where as respects any area declared by the
Minister to be a slum clearance area or an improvement
area, which is included in an approved slum clearance
scheme or an approved improvement scheme, the Minister
is satisfied that any dwelling-house which is occupied, or
is of a type suitable for occupation, is unfit for human
habitation and is not capable at reasonable expense of
being rendered so fit, he shall serve upon the person having
control of the house, upon any other person who is the
owner thereof, and, so far as it is reasonably practicable
to ascertain such person, upon every mortgagee thereof,
a notice in the form set out in the Second Schedule of the
time (being not less than twenty-one days after the service
of the notice) and place at which the condition of the house
and any offer with respect to the carrying out of works
or the future user of the house which the person served
with the notice may wish to submit will be considered,
and every person upon whom such a notice is served shall
be entitled to be heard when the matter is so taken into
consideration.

Power to

of

order

buildings.

Second

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HOUSING 17

(2) A person upon whom a notice is served under
subsection (1) shall, if he intends to submit an offer with
respect to the carrying out of works, within twenty-one
days of the date of the service of the notice upon him,
serve upon the Minister notice in writing of his intention
to make an offer, and shall, within such reasonable period
as the Minister inay allow, submit to him a list of the
works which the said person offers to carry out.

(3) The Minister may if, after consultation with any
owner or mortgagee, he thinks fit to do so, accept an under-
taking from the said person either that he will within a
specified period carry out such works as will in the opinion
of the Minister render the house fit for human habitation,
or that it will not be used for human habitation until the
Minister, on being satisfied that it has been rendered fit
for that purpose, cancels the undcrtaking.

(4) If no such undertaking as is mentioned in sub-
section (3) is accepted by the Minister or if, in a case where
he has accepted such an undertaking, any work to which
the undertaking relates is not carried out within the specified
period, or the house is at any time used in contravention
of the terms of the undertaking, the Minister shall forthwith
make a demolition order in 'the form set out in the Third
Schedule requiring that the house shall be demolished
within six weeks after the expiration of the period specified
in the order which shall not where the house is occupied
be less than twenty-eight days from the date on which the
order becomes operative, or, in any case, within such longer
period as in the circumstances the Minister considers it
reasonable to allow, and shall serve a copy of the order
upon every person upon whom he would be required by
subsection (1) to serve a notice issued by him under that
subsection. Upon service of a copy of the order as herein
prescribed the order shall become operative.

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18 HOUSING

(5) When a demolition order under this section has
become operative the owner or owners of the house to
which it applies shall demolish the house within the time
Iimited in that behalf by the order or within such further
time as may be allowed by the Minister pursuant to sub-
section (4) and if the house is not demolished within such
time the Minister may enter and demolish the house and
sell the materials thereof.

(6) Any expenses incurred by the Minister under
subsection (3, after giving credit for any amount realized
by the sale of materials, may be recovered from the owner
of the house in the Resident Magistrate’s Court as a civil
debt due to the Crown, or if there is more than one owner,
from the owners thereof in such shares as the Resident
Magistrate may determine to be just and equitable. Any
owner who pays to the Minister the full amount of his
claim may in like manner recover from any other owner
such contribution, if any, as the Resident Magistrate may
determine to be just and equitable.

(7) Any surplus in the hands of the Minister shall
be paid by him to the owner of the house or, if there is
more than one owner, shall be paid as such owners may
agree. If there is more than one owner and the owners
do not agree as to the division of the surplus, the Minister
shall be deemed by virtue of this subsection to be a trustee
of the surplus for the owners of the house and the provisions
of the Trustee Act which relate to payment into court by
trustees shall have effect accordingly.

(8) The Resident Magistrate in determining for the
purposes of this section the shares in which any expenses
shall be paid or contributed by, or any surplus shall be
divided between, two or more owners of a house, shall
have regard to their respective interests in the house, their
respective obligations and liabilities in respect of main-

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HOUSING 19

tenance and repair under any covenant or agreement,
whether express or implied, and all the other circumstances
of the case.

19.-(1) When any demolition order has become oper- Useof land In respect
demolition

ative no land to which the order applies shall be used ofwhich

ject to such restrictions and conditions, if any, as the Minis- bemmade.
ter may think fit to impose.

(2) Any person who commences or causes to be
commenced or suffers to be commenced or continued any
work in contravention of a restriction or condition imposed
under this section shall be guilty of an offence and shall
on summary conviction thereof before a Resident Magis-
trate be liable to a fine not exceeding ten dollars in respect
of each day during which the work exists in such a form
or state as contravenes the restriction or condition.

for building purposes or otherwise developed except sub- order has

20.-(1) When, in relation to any area declared by the Improve-
Minister to be an improvement area and included in an fttz$&.
approved improvement scheme, the Minister is satisfied that ;;:eof
any house in the area can be rendered fit for human habit-
ation at reasonable expense, he shall, so soon as may be
after the expiration of four weeks from publication of notice
of the approval of the scheme as prescribed in section 12,
make an order (in this Act referred to as “an improvement
order”) requiring the improvement of such house, and en-
force compliance with such order.

(2) After the making of an improvement order, the
Minister shall forthwith serve on the owner, agent or other
person having control of such house a notice in the form
set out in the Fourth Schedule requiring the execution of F;;::,,
all necessary works and provision of all sanitary accommo-
dation and other conveniences within such reasonable time,

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20 HOUSING

not being less than twenty-one days, as may be specified
in the notice, and stating that, in the opinion of the Minister,
such works will render the house fit for human habitation.

(3) In addition to serving a notice under subsection
(2) on the owner, agent or other person having control of
the house, the Minister shall serve a copy of the notice on
any person having an interest in the house, whether as
freeholder, mortgagee, lessee, or otherwise.

(4) In determining for the purposes of this Part
whether a house can be rendered fit for human habitation
at reasonable expense, regard shall be had to the estimated
cost of the works necessary to render it so fit, and the
value which it is estimated that the house will have when
the works are completed.

(5 ) For the purposes of this Part, the person who
receives the rack-rent of a house, whether on his own
account or as agent or trustee for any other person, or who
would so receive it if the house were let at a rack-rent, shall
be deemed to be the person having control of the house.
In this subsection the expression “rack-rent” means rent

which i s not less than two-thirds of the full net annual
value of the house.

Enforce-

notice

Of

Zl.-(l) If a notice under section 20 requiring the execu-
tion of works is not complied with, then, after the expiration
of the time specified in the notice the Minister may do the
work required to be done by the notice.

(2) Where the Minister is about to enter a house
under the provisions of subsection (1) for the purpose of
doing any work, he shall give to the person having control
of the house and, if he thinks fit, to any other person being
an owner of the house, notice in writing of his intention
so to do, and if at any time after the expiration of seven
days from the service upon such person of the notice, any

ment of

requiring
execution

[The inclusion of this page is authorized by L.N. 480/1973]

HOUSING 21

workman or contractor employed by him is in the house
for the purpose of carrying out any works, the person upon
whom the notice was served shall be deemed to be obstruct-
ing the Minister in the execution of this Act and shall be
guilty of an offence and shall be liable on summary convic-
tion thereof before a Resident Magistrate to a fine not ex-
ceeding forty dollars, unless he proves to the satisfaction of
the Resident Magistrate that there was urgent necessity to
carry out the works in order to obviate danger to occupants
of the house.

(3) Any expenses incurred by the Minister under
this section, together with interest at such rate as the Minis-
ter may from time to time determine, from the date when
a demand for the expenses is served until payment, may,
subject as hereinafter provided, be recovered in the Resident
Magistrate’s Court as a civil debt due to the Crown from
the person having control of the house or, if such person
receives the rent of the house as agent or trustee for some
other person, then either from him or from such
other person, or in part from him and as to the remainder
from that other person :

Provided that, if the person having control of the house
proves that he-

(a) is receiving the rent merely as agent or trustee for
some other person; and

(b) has not, and since the date of the service on him
of the demand has not had, in his hands on behalf
of that person sufficient money to discharge the
whole demand of the Minister,

his liability shall be limited to the total amount of the
money which he has, or, since the date of service aforesaid
has had, in his hands.

(4) The Minister may order any such expenses to
be payable by weekly or other instalments within a period

[The inclusion of this page is authorized by L.N. 450/1973]

22 HOUSING

not exceeding twenty years, with interest at such rate as
the Minister may from time to time determine in that behalf
from the date of the service of the demand until the whole
amount is paid, and any such instalments and interest. or
any part thereof, may be recovered in the Resident Magis-
trate’s Court as a civil debt due to the Crown from any
owner or occupier of the house, and, if recovered from
an occupier, may be deducted by him from the rent of the
house.

(5) The amount of any expenses and interest therean
due to the Minister under this section shall be a charge an
the premises in respect of which the expenses were incurred,
and the Minister shall for the purposes of enforcing that
charge have all the powers and remedies conferred on a
mortgagee under the provisions of the Conveyancing Act
and otherwise as if he were a mortgagee by deed having
powers of sale and lease, of accepting surrenders of leases,
and of appointing a receiver.

(6) No action taken under this section or section 18
shall prejudice or affect any other powers of the Minister,
or any remedy available to the tenant of a house against
his landlord, either at common law or otherwise.

Owner of
land and
buildings
may be pcr-
mitted to
cany out
slum clear-
ance scheme
or improve-
ment
scheme.

22 .411 Notwithstanding the service of a notice by or on
behalf of the Minister in accordance with the provisions
of section 12, the owner of any land or building specified
in such notice may, with the permission of the Minister,
undertake for himself the clearance and reconstruction of
the land and buildings so specified, or the improvement
thereof, subject to the provisions hereinafter contained.

(2) Any application for such permission shall be
made by the owner, in writing, addressed to the Minister
with full particulars accompanied by plans, within four
weeks of the date of service of the notice by or on behalf

[The inclusion of this page is authorkcd by LN. 480/1973]

HOUSING

of the Minister. The Minister shall as soon as practicable
thereafter consider the same and shall either refuse or grant
the application.

(3) If the application is granted, the owner shall
within four weeks of the date of his being notified of the
granting of his application enter into a bond with one OT
more sureties, to be approved by the Minister, in a sum
not less than the estimated cost of clearance and recon-
struction of the land and buildings or the improvement
thereof, as the case may be, and such bond shall be con-
ditioned that the owner shall pay such sum as aforesaid
to the Minister upon failure to complete the clearance and
reconstruction of such land and buildings or the improve-
ment thereof, as the case may be, within a period to br
specified in the bond and in accordance with the scheme:

Provided that, if the owner of any such land and build-
ings fails to complete the clearance and reconstruction
thereof or the improvement thereof, as the case may be,
in accordance with the scheme, to the satisfaction of the
Minister, and within the period specified in the bond, subject
to any variation or extensions approved by the surety OT
sureties, the land and buildings may, without prejudice to
the enforcement of the bond, be acquired and cleared and
reconstructed or improved in accordance with the provisions
of this Act.

(4) Upon completion by the owner of the clearance
and the reconstruction of such land or buildings or the
improvement thereof, as the case may be, to the satisfaction
of the Minister, the Minister shall at the expense of the
owner publish a notice in a local newspaper stating that
the land and buildings specified in the bond comply with
the requirements of the scheme; and upon the publication
of the notice the land and buildings specified in the bond
shall be excluded from the operation of the scheme and

[The inclusion of this page is authorized by L.N. 480/1Y73]

23

2.1 HOUSING

the Minister shall thereupon issue to the owner a certificate
signed by him to the effect that the land and buildings
have been so excluded.

(5) Any person who, after the service on him of a
notice as specified in section 12, undertakes or causes to be
undertaken any works of reconstruction or improvement
on any land or buildings in a slum clearance or improve-
ment area before permission of the Minister has been
obtained, as prescribed in this section, shall be guilty of an
offence against this Act, and shall be liable on summary
conviction thereof before a Resident Magistrate to a penalty
not exceeding forty dollars, and the Resident Magistrate
may, on the representation of the Minister, order such
works or any part thereof to be demolished or altered so
as to make it conform with the scheme.

Resident
Magistrate
mav em-

owner or
mortgagee
to execute
works on
default of
another
owner or
morlgagee.

23.-(1) If it appears to a Resident Magistrate on the
written application of any owner or mortgagee of a house
in respect of which a notice requiring the execution of
works has been served, or a demolition order has been
made, that owing to the default of any other owner or
mortgagee of the house in executing any works required
to be executed on the house, or in demolishing the house,
the interests of the applicant will be prejudiced, the Resident
Magistrate may make an order empowering the applicant
forthwith to enter the house, and, within a period fixed
by the order, execute the said works or demolish the house,
as the case may be, and where it seems to the Resident
Magistrate proper so to do, he may make a like order in
favour of any other owner or mortgagee.

(2) Before an order is made under this section,
notice of the application shall be given to the Minister and
to any other owner or mortgagee who may be affected by
the order.

n h e inclusion of lhir page is authorized by L.N. 480/1973]

HOUSING 25

(3) Proceedings under this section shall be deter-
mined by the Resident Magistrate in a summary manner,
and any order made by him shall be final.

24. Any person aggrieved by- Application
to Resid?nt

(a) a demand for the recovery of expenses h C U l T e d Magistrate
by the Minister in the execution of works specified
in any such notice; or

(b) an order made by the Minister with respect to any
such expenses,

may within twenty-one days after the service of the demand
or order, as the case may be, make an application to the
Resident Magistrate for the parish in which are situated the
premises to which the demand or order relates, and such
application shall be dealt with in accordance with section 52.

PART V. Acquisition of Land
25.-(1) Any land (including land with buildings thereon) Acquisition

which is under or by virtue of the provisions of this Act r e q u i d for
proposed to be acquired for the purposes of any housing sFhemes.
scheme, slum clearance scheme, improvement scheme or
emergency housing scheme approved under this Act or for
purposes incidental to or connected with any such scheme,
may, subject to the provisions of subsection (2), be acquired
in accordance with the provisions of the Land Acquisition
Act, and in relation to such acquisition the purposes afore-
said shall be deemed to be public purposes.

(2) For the purpose of the acquisition of any land
as aforesaid the Land Acquisition Act shall have effect
subject to the modifications that for the reference in sub-
section (1) of section 16 of such Act to a vesting of the
land in the Commissioner of Lands, there shall be sub-
stituted a reference to the vesting of the land in the Minister
within the meaning of this Act.

of land

[The inclusion of this page is authorized by L.N. 480/19731

26 HOUSING

Land which
may not be
compul-
sorily
acquired.

Power of
Minister
to make
allowances
to certain
wrsons
displaced.

Minister to
carry out
schsmcs.

26. Nothing in this Act shall authorize the compulsory
acquisition of any land which is the property of statutory
undertakers, having been acquired by them for the pur-
poses of their undertaking.

27. The Minister may pay out of the Housing Fund to
any person displaced from any dwelling-house or other
building in a slum clearance area or an improvement area,
as the case may be, which has been acquired by virtue of the
provisions of this Act as being unfit for human habitation
and not capable at reasonable expense of being rendered
so fit, such reasonable allowance as he thinks fit towards
the expenses of such person in removing; and to any person
carrying on any trade or business in any such dwelling-
house or other building, he may also pay such reasonable
allowance as he thinks fit towards the loss which, in his
opinion, such person will sustain by reason of the dis-
turbance of his trade or business consequent on his having
to quit the house or building, and in estimating such loss
the Minister shall have regard to the period for which the
premises occupied by the said person might reasonably
have been expected to be available for the purpose of his
trade or business, and the availability of other premises
suitable for such purpose.

PART VI.
Powers and Duties

28.-(1) It shall be the duty of the Minister, who is hereby
empowered so to do, to take steps for carrying into execu-
tion any scheme within such time as may be specified in
such scheme or within such further time as the circum-
stances may reasonably require.

(2) The Minister may in like manner and for the
purposes of the scheme lay out, pave, sewer, and complete
all such roads upon the land acquired for the purposes of
the scheme as he may think fit.

Completion of Schemes and Consequential

[The inclusion of this pagc is authorized by L.N. 480/1973]

HOUSING 27

(3) Subject to subsections (4) and (3, where roads
are laid out in accordance with the requirements of the
scheme they shall be deemed to be public roads to which
section 4 of the Parochial Roads Act applies and to be
parochial-roads within the meaning of that Act; and the
exclusive care, management, control and superintendence of
the said roads shall accordingly be vested in the appro-
priate Local Authority.

(4) The Minister shall notify the Local Authority
in whom the exclusive care, management, control and
superintendence of the roads are to be vested that the roads
have been laid out in accordance with the requirements of
the scheme and the Local Authority shall, if they are satis-
fied that the roads are laid out in accordance with the
requirements of the scheme, pass a resolution to that effect
a copy of which shall be forwarded to the Minister by the
Local Authority and upon the passing of the resolution
the provisions of subsection (3) shall apply to the said
roads.

(5) Where in the opinion of the Minister a Local
Authority has unreasonably refused or unduly delayed
passing a resolution pursuant to subsection (4) in relation
to the roads laid out under a scheme, the Minister may
issue a declaration to the effect that the roads have been
laid out in accordance with the requirements of the scheme
and thereupon subsection (3) shall apply to such roads.
The decision of the Minister under this subsection shall be
final.

(6) The Minister may engage with any person to
carry out the whole or any part of a scheme into effect,
upon such terms as the Minister may consider expedient.

29. The Minister may, with the consent of the Local Assignment
Authority, assign to the Local Authority named in a scheme of M' duties of

mister to
duties and functions (including the execution of any public

m e inclusion of this page is authorized by L.N. 480/1973]

28 HOUSING

work or the undertaking of any public service) in relation
to the enforcement and carrying out of such scheme, and
shall specify the time within which such duties and func-
tions shall be undertaken and completed.

ReMveryof 30.-(1) Where any land or building has been acquired
buildings by the Minister for the purpose of any scheme approved by
of withinareas approved him, the Minister may serve on the owner and on the
schemes. occupier of such land or building or any part thereof within

the area of such scheme a notice stating that the land
or building has been acquired for the purpose of such
scheme, and requiring him to quit the said land or the
building on or before the expiration of six weeks from the
service of the notice. If at any time after the date on which
the notice requires the land or building to be vacated any
person is in occupation of the land or building or any part
thereof, the Minister may make complaint to the Resident
Magistrate of the parish within which the land or building
is situated and thereupon the Resident Magistrate shall by
warrant, in the form set out in the Fifth Schedule, order
vacant possession of the land or building or of any part
thereof to be given to the complainant within such period
not exceeding three calendar months.

possession of

Fifth

(2) Any expenses incurred by the Minister under
this section in obtaining possession of any land or building
may be recovered from the said occupier of that land or
building in the Resident Magistrate’s Court as a civil debt
due to the Crown.

(3) Any person who, with knowledge that a scheme
in any area has been approved and applies to any land
or building, enters into occupation of that land or building
or any part thereof after the approval of such scheme in
such area, or permits any person to enter into such occupa-
tion after such approval, shall be guilty of an offence, and

vhe inclusion of this page is aulhorized by L.N. 480/1973]

HOUSING 29

shall be liable on summary conviction thereof before a
Resident Magistrate to a penalty not exceeding twenty
dollars and to a further penalty of four dollars for every
day or part of a day on which the occupation continues
after the conviction :

Provided that no person shall be affected under this sub-
section unless the notice required by subsection (1) has been
served.

31.-(1) Where any premises in respect of which any poweror
Resident order or scheme under this Act has become operative form

the subject matter of a lease, either the lessor or the lessee
may apply in writing to a Resident Magistrate for an order premises
under this section. demolished.

(2) Upon any such application as aforesaid, the
Resident Magistrate, after giving to any sub-lessee an
opportunity of being heard, may, if he thinks fit, make an
order for the determination of the lease, or for the varia-
tion thereof, and in either case such order may be made
unconditionally, or subject to such terms and conditions
(including conditions with respect to the payment of money
by any party to the proceedings to any other party thereto
by way of Compensation, damages or otherwise) as the Resi-
dent Magistrate may think just and equitable to impose,
regard being had to the respective rights, obligations and
liabilities of the parties under the lease and all the other
circumstances of the case.

(3) In this section the expression “lease” includes an
under-lease and any tenancy or agreement for a lease,
under-lease or tenancy, whether the same be registered or
not and the expression “lessor”, “lessee”, and “sub-lessee”
shall be construed accordingly and as including also a
person deriving title under a lessor, lessee or sub-lessee.

[The inclusion of this page is authorized by LN. 480119731

30 HOUSING

Provisions 3 2 . 4 1 ) Where the removal or alteration of apparatus
of belonging to statutory undertakers on, under, or over land

undertakzrs acquired by virtue of the provisions of this Act, or on,
?p;plt under, or over a road running over, or through, or adjoining
hlinister any such land, is necessary for the purpose of enabling the

Minister to exercise any of the powers conferred upon him
by this Act, the Minister shall have power to execute works
for the removal or alteration of the apparatus, subject to
and in accordance with the provisions of this section.

(2) The Minister shall serve on the undertakers
notice in writing of his intention, with particulars of the
proposed works and of the manner in which they are to
be executed, and plans and sections thereof and shall not
commence any works until the expiration of a period of
twenty-eight days from the date of service of the notice,
and the undertakers may within that period by notice in
writing served on the Minister-

(a) object to the execution of the works or any of
them on the ground that they are not necessary
for the purpose aforesaid; or

( b ) state requirements to which, in their opinion, effect
ought to be given as to the manner of, or the
observance of conditions in, the execution of
the works, as to the execution of other works for
the protection of other apparatus belonging to the
undertakers, or as to the execution of other works
for the provision of substituted apparatus whether
permanent or temporary,

and if objection is so made to any works and not with-
drawn, the Minister shall not execute the works unless
he has caused an enquiry into the matter to be made.

(3) The Minister shall make to statutory undertakers
reasonable compensation for any damage which is sustained
by them by reason of the execution by the Minister of any
works under subsection (1) and which is not made good by

as to

under tbe
Act.

[The inclusion of (his page is authorized by L.N. 480/1973]

HOUSING 31

the provision of substituted apparatus. Any question as
to the right of undertakers to recover compensation under
this subsection or as to the amount thereof shall be deter-
mined by arbitration.

(4) Where the removal or alteration of apparatus
belonging to statutory undertakers, or the execution of
works for the provision of substituted apparatus, whether
permanent or temporary, is necessary for the purposes of
their undertaking by reason of the stopping up, diversion
or alteration of the level or width of a road by the Minister
under powers exercisable by virtue of this Act, they may,
by notice in writing served on the Minister, require him
(at the expense of the Minister) to remove or alter the
apparatus, or to execute the works, and where any such
requirement is so made and not withdrawn, the Minister
shall give effect thereto unless he serves notice in writing on
the undertakers of his objection to the requirement within
twenty-eight days from the date of service of the notice upon
him, and the requirement is determined by arbitration to be
unreasonable.

(5) At least fourteen days before commencing any
works which he is authorized or required under the pre-
ceding provisions of this section to execute, the Minister
shall, except in case of emergency, serve on the undertakers
notice in writing of his intention so to do, and the works
shall be executed by the Minister under the superintendence
(at the expense of the Minister) and to the reasonable satis-
faction of the undertakers :

Provided that, if within fourteen days from the date of
service on them of notice under this subsection the under-
takers so elect, they shall themselves execute the works in
accordance with the reasonable directions and to the reason-
able satisfaction of the Minister, and the reasonable costs
thereof shall be repaid to the undertakers by the Minister.

[The inclusion of this page is authorized by L.N. 4ROj19731

32 HOUSING

(6) Any difference arising between statutory under-
takers and the Minister under subsection ( 5 ) and any matter
which is by virtue of the preceding provisions of this section
to be determined by arbitration shall be so determined in
the manner provided by the Arbitration Act.

Exlinguish-
ment
of ways.
casements,
eic.

(7) In this section references to the alteration of
apparatus include references to diversion and alteration of
position or level.

33.-(1) The Minister may by order extinguish any
public right of way over any land acquired by virtue of the
provisions of this Act, but the draft of an order intended
to be made under this subsection shall prior to the making
thereof be published in one or more newspapers of this
Island at least once in every week for a period of six weeks,
and if any objection is made thereto before the expiration of
six weeks from the date of the first publication thereof,
the Minister shall not make the' order until he has caused
a full enquiry into the matter to be made.

(2) Upon the acquisition by the Minister of any
land for the purposes of this Act, all private rights of way
and all rights of laying down, erecting, continuing or main-
taining any pipes, wires or cables on, under or over such
land (together with the property in such pipes, wires or
cables) and all other rights or easements in or relating to
such land shall, except so far as may be otherwise agreed
by the Minister and the person entitled to the rights in
question, vest in the Minister, and any person who suffers
loss by the vesting of any such right or property as afore-
said shall be entitled to be paid by the Minister reasonable
compensation. Any question arising as to the amount of
such compensation shall be determined by arbitration in
the manner provided in the Arbitration Act.

[The inclusion of this page is authorized by L.N. 480/1973]

HOUSING 33

34.-(1) The Minister may, for any purpose arising in Power of
relation to the making, enforcement, or carrying out of a r89u,rem-
scheme, by notice in writing, require the owner or occupier owner.
of any land or building in the area to which such scheme ship premse3. ?f
relates or is intended to relate or any person receiving,
whether for himself or for another, rent out of any such
land or building, to state in writing to the Minister within
a specified time not less than twenty-one days after being
so required, particulars of the estate, interest or right by
virtue of which he owns or occupies such land or building
or receives such rent, as the case may be, and the name and
address, and the estate, interest, or right (so far as they
are known to him) of every person who to his knowledge
has any estate or interest in or right over or in respect of
such land or building.

Ministy to

formation as

(2) Every person who is required under this section
to state in writing any matter or thing to the Minister, and
who either fails so to state such matter or thing within the
time appointed under this section or when so stating any
such matter or thing makes any statement in writing which
is to his knowledge false or misleading in a material
particular, shall be guilty of an offence under this section,
and shall be liable on summary conviction thereof before
a Resident Magistrate to a penalty not exceeding forty
dollars.

35. The Minister or any person authorized in writing Powerof
by him in lhat behalf may at all reasonable times enter any Inspection,

(Q) for the purpose of survey or valuation, in the case
of land, houses, premises or buildings which are
proposed to be acquired for the purposes of this
Act; or

enlry for

etc land, house, premises or buddings-

[The inclusion of this page is authorized by L.N. 480/1973]

34 HOUSING

( h ) for the purpose of survey and examination, in the
case of a house in respect of which a notice requir-
ing the execution of works has been served, or a
demolition order, or an improvement order, has
been made; or

(c) for the purpose of survey and examination, where
it appears to the Minister that survey or examina-
tion is necessary in order to determine whether any
powers under this Act should be exercised in
respect of the land, house, premises or buildings.

Penalty for
obstructing
execution
of Act.

36. If any person obstructs the Minister or any person
authorized in writing by him to enter houses, premises or
buildings in pursuance of this Act in the performance
of anything which the Minister or such person is by this
Act required or authorized so to do, he shall be guilty of
an offence, and shall on summary conviction thereof before
a Resident Magistrate be liable to a fine not exceeding
forty dollars.

Powersof

wialanh

and buildings.

37 .41 ) When any land or buildings have been acquired
by the Minister for the purposes of this Act, then, without
'prejudice to any of his other powers under this Act, the
Minister may-

(U) let or lease for any term of years, or upon any
conditions, any land or buildings so vested in him
and accept surrenders of any such leases as he
may think fit;

(b ) sell the land or exchange it for land better
adapted for such purposes, either with or without
paying or receiving any money for equality of
exchange.

(2) The sale or lease of any land or buildings vested
in the Minister may be subject to such covenants and
conditions as the Minister may impose either in regard to

dealing

me inclusion of this page is authorized by LN. 480(1973]

HOUSlNG 35

the maintenance of the houses as dwelling-houses, or other-
wise in regard to the use of the houses and the laying out
and use of the land, and upon any such sale he may agree
to the price being paid by instalments or to a payment of
part thereof and the remainder being secured by a mort-
gage of the premises.

38. The Minister shall, in relation to the letting of houses, Conditions
10 be

by the
Minister in
letting

observe the requirements specified in the following pro- ob%rvcd

(U) the Minister shall secure that in the selection of
tenants a reasonable preference is given to persons
who are occupying insanitary or overcrowded
houses, have large families or are living under
unsatisfactory housing conditions, except so far as
the demand for housing accommodation in any
district on the part of such persons can be satisfied
without such reservation;

(b) in fixing rents, the Minister shall take into con-
sideration the rents ordinarily payable in the
locality, but may grant to any tenant such rebates
from rent, subject to such terms or conditions, as
he may think fit;

(c) the Minister shall from time to time review rents
and make such changes, either of rents generally
or of particular rents, and rebates (if any) as cir-
cumstances may require;

(6) the Minister shall make it a term of every letting
that the tenant shall not assign, sublet or other-
wise part with the possession of the premises, or
any part thereof, except with the consent in writing
of the Minister, and shall not give such consent
unless it is shown to his satisfaction that no pay-
ment other than a rent which is in his opinion

visions of this section-

me inclusion of this page is authorized by L.N. 480119731

36 HOUSING

a reasonable rent has been, or is to be, received
by the tenant in consideration of the assignment,
subletting or other transaction.

Exem~tition 39. Notwithstanding anything contained in any other
offertain enactment-

(a) any instruments necessary for transferring or
vesting any land and buildings to or in the
Minister, or by the Minister to or in any person,
or relating to any lease, mortgage or other charge
or any release, in regard to which the Minister is
a party, upon which, or in respect of which stamp
duties, registration or recording fees are payable,
shall be exempt from the payment of such stamp
duties, registration or recording fees;

(b) the Minister shall in relation to all property what-
soever held or dealt with by him for the purposes
of this Act be exempt from payment of property
tax, income tax, customs duty, tonnage tax and
building and inspection fees.

in respect

duties, etc.

PART VII. Further Powers of Minister
Power to

loans for
erectionof dwill ng-
h = s .

40.41) Subject to the provisions of subsection (2), the
Minister may, after consultation with the Minister respon-
sible for Finance, guarantee or join in guaranteeing the
payment of interest and capital on money borrowed by a
person to purchase or to erect a dwelling-house for his own
use, or to improve a dwelling-house owned and occupied
by him in any area in which a scheme is in operation.

(2) The total sum guaranteed under subsection (1)
shall not at any time exceed such sum as the House of
Representatives may from time to time by resolution
specify for the purposes of the said subsection.

guarantfe

m e inclusion of this m e is auhorized by LN. 480(1773]

HOUSZNG 31

41.-(1) The Minister may in any case where he considers Power of
that, having regard to the costs involved and the financial aSSiSt per.
position of the applicant, it is reasonable to give such r:&g$i
assistance-

(a) advance money for purchasing or constructing one 2;:;-
or more houses, or for carrying out alterations or modation.
repairs to any house or houses; or

(b) construct one or more houses.

Mmater to

improving
or increas-

(2) Every advance made or expenditure incurred
under this section shall be upon such terms and conditions
(including terms and conditions of repayment and recovery)
as may be agreed with the applicant and, subject thereto-

(a) shall carry interest at such rate as shall be fixed
from time to time by general direction of the
Minister on the amount of every such advance or
expenditure, or on so much thereof as shall for the
time being remain unpaid; and

(b) shall be on such security as the Minister sees fit
to accept.

42. The form of receipt contained in the Sixth Schedule, ~~~~f
or any alteration thereof which may be made by the E:zz
Minister, when signed by any person to whom an advance ;;z;rf
may be made on account of the loan therein mentioned or Sixth
on whose behalf expenditure was incurred shall be deemed
to be a mortgage of the lands, hereditaments, premises and
buildings therein described, and shall confer on the Minister
the following rights and pwers-

(a) in respect of all advances that may be made, or
expenditure that may be incurred, not exceeding
the total amount payable thereunder, whether the
same be on account of principal or interest. and
all expenses incurred by the Minister in respect of
enforcing or realizing such mortgage, a charge on

Schedule.

[The inclusion of th is page is authorized by L.N. 480/1973]

38 HOUSING

the property specified in such receipt, until repay-
ment in full of such principal, interest and
expenses;

(b ) the same rights and powers as are conferred on
mortgagees under the provisions of the Convey-
ancing Act when the mortgage is made by deed,
and such rights and powers shall be exercisable
without giving the notice required by section 23
of that Act;

(c) the same rights and powers as are conferred on
mortgagees under the provisions of the Registra-
tion of Titles Act by a mortgage registered under
that Act, and such rights and powers shall be
exercisable without giving the notice required by
section 105 of that Act.

Covenants

form of

Schedule,

43. There shall be implied in every receipt in the form
set out in the Sixth Schedule, or any alteration thereof by
the Minister, the following covenants on the part of the
borrower (save such of them as may be expressly excluded
by the Minister) that is to say-

(a) to expend the advance for the purposes specified
in the receipt and not otherwise;

(b) to repay the said advance or expenditure and all
charges and interest thereon at the time or times
and in the manner mentioned in the receipt, and
to pay all expenses incurred by the Minister in
enforcing or realizing the interest of the Minister;

(c) to produce, at such times as may be required by
any person authorized in writing by the Minister
an account showing the expenditure of the moneys
advanced vouched on oath or by affirmation, or
in such other manner as may be required by the
person so authorized,

impliedin

receipt.
Sixth

F e inclusion of this page is authorized by L.N. 480/1973]

HOUSING 39

(d) to repair, and keep in repair, all buildings and
improvements which shall have been, or shall be
restored, altered or erected upon the land;

(e) to suffer and permit any person authorized by the
Minister in writing, at all times during the con-
tinuance of the security created by the receipt
under this Act, to enter into and upon the land
and buildings, with or without surveyors or other
persons, to view and inspect the state of repair
and condition of the land, buildings or improve-
ments;

to insure, and so long as any money remains
secured by the said receipt, to keep insured against
loss or damage by fire, earthquake and hurricane
and fire caused by earthquake or by hurricane,
in the name of the Minister, his assigns or trans-
ferees, in an insurance company to be approved
by the Minister, all buildings, fixtures, and
erections which shall for the time being be erected
on the said land, and which shall be of a nature
or kind capable of being so insured, to the amount
secured by the receipt or such less sum as the
Minister may determine; and when so required to
deposit with the Minister, his assigns or transferees
the policy of such insurance and within seven days
after each premium shall become payable, the
receipt for the payment of such premium; and the
moneys which shall be received on account of any
such insurance shall at the option of the Minister,
his assigns or transferees, be applied either in or
towards satisfaction of the moneys secured by the
receipt or for the carrying out of the purposes,
under the superintendence of the Minister, speci-
fied in the receipt; and that on each breach or
non-observance of this covenant the Minister, his

(f

me inclusion of this page is aulhorized by L.N. 480/1973]

40 HOUSING

Minister
may accept
rnortgase
other than
in form
of receipt
Sixth
Schedule.

Record and
registntion
of meiptn
for
advances.
Sixrh
Schedule.

Document
in the form
of Seventh
Schedule
sufficient to
confcr title
on any
purchaser.
Seventh
Schedule.

assigns or transferees, shall be at liberty to effect
such insurance and continue the same for such
period as they may think fit, and the costs and
expenses paid on account thereof shall be payable
on demand and be a charge on the land, and bear
interest at the same rate as in the case of principal
money overdue;

(8) not to make any lease, or agreement for a lease,
without the consent in writing of the Minister first
had and obtained, and any such lease or agree-
ment for a lease made or entered into by the
borrower without such consent, shall be void to
all intents and purposes whatsoever.

44. The Minister may from time to time accept a first
mortgage or collateral security in any form of which he
may approve other than in the form specified in the Sixth
Schedule.

45. All receipts in the form set out in the Sixth Schedule,
or any alterations thereof which may be made by the
Minister, shall be in duplicate and one copy thereof shall,
within three months of execution, be lodged and kept in
the Record Office, and indexed as a mortgage affecting the
lands and buildings mentioned in such receipt, or, in the
case of land under the operation of the Registration of
Titles Act, one copy of such receipt shall be lodged with
the Registrar of Titles, and he shall register the same as
a mortgage under the said Act.

46. A document in the form specified in the Seventh
Schedule, signed by the Minister, shall be sufficient to
confer title on any purchaser and no such purchaser shall
be concerned to see or enquire whether such sale is properly
made or whether any notice necessary to be given has been
given.

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HOUSZNG 41

PART VIII. Preparation, approval and completion of

47.-(1) A housing association may prepare and submit Preparation

schemes prepared by housing associations

and subma-

scheme by
housing
association.

to the Minister a scheme for the laying out or sub-division sionof
of land and the construction of houses thereon.

(2) Every scheme submitted under subsection ( I )
shall be accompanied by a plan of the area to which such
scheme relates and a statement showing-

(a) the manner in which it is intended that the area to
which the scheme relates shall be laid out and the
land therein used and, in particular, the land
intended to be used for the provision respectively
of houses, roads and open spaces for public and
commercial purposes;

(b ) the approximate area of the land to which the
scheme relates;

(c) the approximate number and nature of the houses
and other buildings to be provided;

(d the average number of houses to be constructed
per acre;

(e) such details as may be required by the Minister in
regard to the type of houses to be constructed, the
method of construction to be employed and the
materials to be used;

V, particulars relating to water supply, drainage,
sewage disposal and to such other matters of like
nature as the Minister may require;

Is) the prices at which it is proposed to sell the houses
upon completion;

(h) the financial arrangements made or proposed to be
made in regard to the payment for houses by the
purchasers thereof;

Vhe inclusion of this page is authorized by L.N. 480/19731

42 HOUSING

(13 the time within which it is proposed to complete
the scheme and, where it is proposed to under-
take the scheme in stages, the time within which
it is proposed to complete each stage.

(3) In this Part “housing association” means any
person, company or society established for the purpose of,
or amongst whose objects and powers are included those of,
constructing or facilitating the construction of houses, and
deemed and certified by the Minister to be a housing
association.

Conditions 48.41) The Minister shall not submit a scheme for
submlss[on

for (n) the scheme contains provisions empowering the
Minister to extend the time within which the
scheme is to be completed or to carry out the
scheme at the cost of the housing association in
the event of the failure or neglect of the housing
association to do so and the Minister shall have
power to act accordingly;

(b) the housing association has furnished each Local
Authority within whose area the scheme is to be
operative, for the approval of such Local
Authority, a layout plan of the area to which the
scheme relates, and a statement which together
give particulars in regard to the matters referred
to in paragraphs (U), (b), (c), (d) and (fl of sub-
section (2 ) of section 47.

(2) Every Local Authority for whose approval a
layout plan and statement have been furnished in accord-
ance with the provisions of this section shall, as soon as
may be, notify the housing association concerned of the
grant or refusal of their approval and the housing associa-
tion shall transmit such notification to the Minister.

precedent to

of scheme

approval.

approval under section 49 unless-

[The inclusion of this page is autborized by L.N. 480/1973]

HOUSING

(3) Where a layout plan and statement are furnished
in accordance with this section the Local Authority may
propose modifications of the plan or any matter contained
in the statement and any modifications agreed on by the
housing association and accepted by the Minister shall form
part of the scheme to be submitted to the Senate and the
House of Representatives as hereinafter provided.

(4) Where in the opinion of the Minister any Local
Authority has unreasonably refused or unduly delayed
approval of any layout plan and statement furnished to
them in accordance with this section the Minister may at
the request of the housing association approve such layout
plan and statement with such modifications as have been
accepted by the housing association and the Minister, and
thereupon such layout plan and statement shall be deemed
to be approved by the Local Authority.

43

49.-(1) Where the Minister considers that any scheme Approval
submitted under section 47 should be approved, he shall pletionof
submit the scheme to the Senate and House of Representa-
tives with a statement that the layout plan and statement
furnished under paragraph (b) of subsection (1) of section
48 have been approved by the Local Authorities concerned
or by the Minister, as the case may be.

(2) Where the Senate and House of Representatives
approve any scheme submitted under subsection (11, the
following provisions shall apply with regard to the carrying
out of such scheme-

(U) the housing association shall be exempt from any
obligation imposed by any law in relation to-

(i) the laying out or subdividing of land for
the purpose of building thereon or for the
selling of the same in lots; or

and corn-

IThe inclusion of this page is authorized by L.N. 480/1973]

44 HOUSING

(ii) the construction of buildings;

(b) arrangements may be made between the Minister
and the housing association or any person
nominated by the housing association for the
guarantee by the Government, with the approval
of the House of Representatives of the payment of
interest and repayment of capital in respect of a
portion of such sum of money as may be lent to
persons for the purpose of purchasing houses con-
structed by the housing association;

(c) any instruments necessary for transferring or vest-
ing any land or buildings by the housing association
to or in any person, upon which or in respect of
which stamp duties, registration or recording fees
are payable, shall be exempt from the payment
of such stamp duties, registration or recording fees;

(d) if the scheme provides for any instrument trans-
ferring or vesting any land or buildings to or in the
Minister or by the Minister to or in the housing
association or to or in any other person, paragraph
(a) of section 39 shall apply to any such instru-
ment;

(e) the Minister shall have power from time to time
to carry out or cause to be carried out such inspec-
tions as he may think fit to ascertain whether the
scheme as approved under this section is being
carried out, and the Minister may require the
housing association to remedy any failure to con-
form with the scheme and the housing association
shall comply with such requirement;

V, the provisions of subsections (3), (4) and (5) of
section 28 shall apply to such scheme as they
apply to schemes prepared under Part 11, and
references in subsections (2) and (4) of the said

IThc inclusion of this page is authorized by L.N. 480/1973]

HOUSING 45

section to the Minister shall be construed as refer-
ences to the housing association;

(g) the provisions of the scheme shall have effect as
if they were enacted in this Act.

PART IX. General
50. For the purposes of co-operating with the Minister POW of

in the preparation of or the carrying into effect of a scheme, ,,artmEns,
any public department or Local Authority may, subject to g;iJ;gre-
the approval of the appropriate Minister, enter into agree- menlsin
ments for securing that any land which is under their with
control, or which is in their occupation or vested in them
for public purposes or for the public service, shall, so far
as may be provided by such agreement, be laid out and
used in conformity with the general objects of the scheme,
and any agreement so made may contain such consequential,
supplemental and ancillary provisions, including provisions
of a financial character, as appear to be necessary or
desirable, having regard to the contents or proposed con-
tents of the scheme.

public d e

wnnechon

51. The Minister shall have power (subject to the con- Minister
currence of the authority for the time responsible for the ;!ETd
maintenance of such public thoroughfare or highway), and g;:kgh-
is hereby authorized, to close any public thoroughfare or faresfor

the pur- highway within the area of an approved scheme for the poseqof
purpose of carrying out any necessary works in relation to
such scheme. saw works in relation

to scheme.

52. Where any application is made under this Act to a sumrnaw
Resident Magistrate, the Resident Magistrate may summon
the parties to appear before him at a time and place to be
named in the summons, and upon the appearance of such
parties, or in the absence of any of them, upon proof of
the due service of the summons, it shall be lawful for the

me inclusion of this page is authorized by L.N. 480/1973]

46 HOUSING

Resident Magistrate to hear and determine the question at
issue and the amount of any compensation, and for that
purpose to examine such parties or any of them and their
witnesses upon oath, and the costs of every such enquiry
shall be at his discretion and he shall settle the amount
thereof.

53. Except where otherwise provided, any person
aggrieved by any decision of a Resident Magistrate may
appeal to the Court of Appeal.

54. The Minister may make regulations relating to the
following matters-

(a) preventing and abating overcrowding;
(b ) the use of the dwellings let by the Minister with a

view to the prevention of nuisances and sanitary
defects;

(c) the inspection of houses and land vested in the
Minister;

(d the time, place and manner for the payment of any
moneys payable under this Act;

(e) prescribing the forms of mortgages, charges, leases
and other instruments;

(f) generally, for regulating the administration of
schemes under this Act and for the purpose of
carrying out the provisions of this Act.

55.-(1) Any notice or other document required to be
served on the Minister for any of the purposes of this Act
may be served upon him by leaving it at his office with some
person employed there, or by sending it by post in a regis-
tered letter addressed to him at his office.

(2) Subject to subsection (l), any notice, order or
other document required or authorized to be served under
this Act may be served either-

[The inclusion of this page is authorized by L.N. 480/19731

Right of
apFeaI to
Court of
Appeal.

Regulations.

service of
noticcs.

HOUSING 41

(0) by delivering it to the person on whom it is to be
served; or

(b) by leaving it with some responsible person at the
usual or last known place of abode of that person;

(c) by sending it in a prepaid letter addressed to that
person at his usual or last known place of abode:

Provided that such place of abode is within a
postal delivery district; or

(d ) in the case of a body corporate by delivering it to
the secretary or clerk of the body at their registered
or principal office or sending it in a prepaid letter
addressed to the secretary or clerk of the company
or body at that office; or

(e) if it is not practicable after reasonable inquiry to
ascertain the name or address of any such person
on whom it should be served, by addressing it to
him by the description of “owner” or “lessee” or
“occupier” (or as the case may be) of the premises
(naming them) to which it relates, and by deliver-
ing it to some responsible person on the premises
or, if there is no responsible person on the premises
to whom it can be delivered, by affixing it, or a
copy of it, to some conspicuous part of the pre-
mises.

or

56. The Minister and all persons employed by or under ~ ~ ~ ~ ~ t i ~ ~
him shall be exempt from personal liability for any act done
in the execution or intended execution of this Act. liability.

57. There shall be established a fund to be known as the Establish-
rnentof Housing Fund which shall be available for the purposes of Housing

this Act and to which on the 1st February, 1969 shall be Fund.
transferred all sums at the credit of or accruing to the Law 6 ,
Housing Fund established by the Housing Law, 1955. of 1955.

(Rcpcaled).
[The inclusion of this page is authorized by L.N. 480/1973]

48 HOUSING

sources of
Housing
Fund.

Custody of
Housing
Fund.

Housing
Estimates

58. The Housing Fund shall consist of-
(a) sums transferred thereto pursuant to section 57;
(b) sums appropriated thereto from the revenues and

funds of the Island, including sums received by the
Government from time to time as grants or con-
tributions for the purpose of housing in the Island;

(c) sums received by the Minister pursuant to any
scheme under this Act (including sums arising from
the sale or rental of lands or buildings);

(4 sums accruing by way of interest on moneys of
the Housing Fund deposited in accordance with
section 59; and

(e) such other sums as may from time to time accrue
to the Housing Fund under this Act or otherwise.

59. The Housing Fund or any part thereof may be
deposited with the Accountant-General or with any bank
in which public moneys of the Island may lawfully be
deposited.

60.-(1) The Minister shall in each financial year cause
to be prepared estimates of the amounts accruing to and to
be expended from the Housing Fund during the succeeding
financial year (hereinafter in this Act called “the Housing
Estimates”) and such estimates shall be submitted to the
House of Representatives for approval, before or as soon as
may be practicable after the commencement of the financial
year to which they relate.

(2) If the Minister is satisfied after the Housing
Estimates for any financial year have been approved by the
House of Representatives that it is necessary or expedient
to add to the amounts to be expended from the Housing
Fund as shown in such Estimates, he may cause to be pre-
pared and submit to the House of Representatives for

me inclusion of this page is aulhorized by LN. 480/19731

HOUSING 49

approval supplementary estimates of the additional amounts
to be expended from the Housing Fund during that financial
year (hereinafter in this Act called “the Supplementary
Housing Estimates”).

(3) Notwithstanding the provisions of subsection (21,
the House of Representatives may by resolution authorize
the Minister, generally or specifically, to sanction the appli-
cation of the unexpended portion of any amount provided
for a particular purpose in the Housing Estimates or in the
Supplementary Housing Estimates (as the case may be) to
any other purpose specified in such Estimates.

61. The Accountant-General shall, in each financial year Application
of Housing on the warrant of the Minister, issue and apply out of the Fund.

Housing Fund such sums, not exceeding the sums allocated
in the Housing Estimates and the Supplementary Housing
Estimates as approved by the House of Representatives
for that financial year or sanctioned by the Minister in
accordance with the provisions of subsection (3) of section
60, as may be required for the purposes expressed in the
several heads of such estimates :

Provided that any sum which has been appropriated to
the Housing Fund from loan funds raised under any enact-
ment shall not be applied for a purpose contrary to the
provisions thereof.

PART X. Transitional
62. As from the 1st February, 1969, the following pro- Transitional.

visions shall have effect-
(U) all land and other property of whatever kind

(including things in action) vested in the Director
of Housing immediately before the 1st February,
1969, shall vest in the Minister;

me inclusion of this page ir authorized by L.N. 480/1973]

50 HOUSING

(b ) the Minister shall have all the rights, privileges and
advantages and all liabilities and obligations, to
which the Director of Housing was immediately
before the 1st February, 1969, entitled or, as the
case may be, subject; and

(c) references in any deed, contract, bond or security
to the Director of Housing shall have effect to aU
intents and purposes as if they were references to
the Minister.

[The inclusion of this page is authorized by L.N. 480/19731

HOUSING

FIRST SCHEDULE (Section 10)
HOUSING, SLUM CLEARANCE AND IMPROVEMENT SCHEMES

To be accompanied by a plan showing the area proposed to be
acquired in relation to adjoining or a d j m t property and distinguishing
by numbers the plots variously owned which it is proposed to acquire.

The general outlines of the scheme to be stated.
The following details to be given in respect of each plot-

PLOT I. DETAILS

(a) Name and address of owner.
(b) Brief description of buildings.
(c) Super6cial area of plot. also showing that covered by buildings.
(d) Water supply.
(e) Sanitary arrangements.
(1) Number of occupants per m m and total.
(9) Rentals payable, in detail with total.
(h) Value of buildings as per assessment roll.
( r ) Amount of rates payable and by whom.
Cn Estimated amount of compensation payable.

51

SECOND SCHEDULE

THE HOUSING ACT

Form of Notice under section 18(1) of the Housing ACI

(Seation 18 (1) )

To P)
the person having control of the dwelling-house (a
and to the
Owners of the said house and to (I)

Mortgagees of the said

house :

Whereas the Ministgr of Housing (hereinafter referred to as “the
Minister”) is satisfied that the abovementioned dwellinghouse, which
is occupied or is of a type suitable for occupation, is unfit for human
habitation and is not capable at a reasonable expense of being ren-
dered so fit :

IThe inclusion of this page is authorized by L.N. 480/1973]
Read Entire Law on www.moj.gov.jm